Narrative Opinion Summary
In this case, one of the two named residual devisees of a deceased's estate, a goddaughter erroneously declared dead, reappeared years after the estate was closed and all proceeds had been distributed to the other devisee. Despite diligent efforts to locate her, the court affirmed the denial of her motion to reopen the estate. The ruling referenced prior case law, emphasizing that a separate legal action can be initiated against the other devisee to establish a constructive trust on the estate's portion that was wrongly received. According to the Restatement of Restitution, if property is transferred based on a mistaken belief about duty owed, the transferee must return the property to the rightful claimant unless they are a bona fide purchaser. The opinion further cited cases supporting the imposition of constructive trusts in similar situations. The missing devisee, Dr. Jane Elizabeth Espejo Norton, is noted to be a licensed physician in both California and Florida.
Legal Issues Addressed
Constructive Trusts in Estate Distribution Errorssubscribe to see similar legal issues
Application: The court upheld the possibility of initiating a separate legal action to impose a constructive trust on the portion of the estate wrongly distributed to the other devisee.
Reasoning: The ruling referenced prior case law, emphasizing that a separate legal action can be initiated against the other devisee to establish a constructive trust on the estate's portion that was wrongly received.
Denial to Reopen Closed Estatesubscribe to see similar legal issues
Application: The court affirmed the denial of the motion to reopen the estate, highlighting that despite diligent efforts to locate the missing devisee, legal remedies exist outside of reopening the estate.
Reasoning: Despite diligent efforts to locate her, the court affirmed the denial of her motion to reopen the estate.
Restitution for Mistaken Property Transfersubscribe to see similar legal issues
Application: The court noted that under the Restatement of Restitution, if property is transferred based on a mistaken belief about duty owed, the transferee must return the property unless they are a bona fide purchaser.
Reasoning: According to the Restatement of Restitution, if property is transferred based on a mistaken belief about duty owed, the transferee must return the property to the rightful claimant unless they are a bona fide purchaser.