A Missouri Court of Appeals recently held that a daughter’s claim seeking a constructive trust in relation to a beneficiary deed on her deceased father’s property was barred by the 10-year statute of limitations. 

The Petitioner (Brown’s) father owned real estate in equal shares with his three siblings.  After suffering a stroke in July 2001, he purportedly executed a general durable power of attorney appointing one of his siblings as his attorney-in-fact, marking the signature line with an “X.”  One witness and a notary signed the form which was then filed with the recorder’s office on August 3, 2001.

That same day, using the power of attorney, the attorney-in-fact executed a beneficiary deed for the deceased’s interest in favor of her and the two other siblings. No consideration was paid.

Brown’s father died on August 9, 2001 and her aunts advised her that she had no interest in the real estate.  However, she did not know about the power of attorney or the beneficiary deed until 2018 when she got notice of a quiet title action on the property. 

On February 7, 2020 Brown filed a petition asking the Court to impose a constructive trust.  The Circuit Court of Atchison County dismissed her petition on the basis that the statute of limitations had run on her claim.  The Missouri Court of Appeal affirmed holding that the statute of limitations began to run when her father died on August 9, 2001, when the property transferred automatically to her aunts under the beneficiary deed, unless she was either incompetent or lacked notice of the transfer- which was not the case.  Because the deed was recorded, she had the requisite notice of the transfer.

The case is a reminder to seek legal advice regarding property and inheritance disputes- before it is too late. 

For full details of the case see Brown v. Pint, No. WD 84032, 2021 WL 3354012, at *1 (Mo. Ct. App. Aug. 3, 2021).