Bailey v. Capital Bank

The administrator ad litem of the estate of Harold Vernon, deceased, appeals from a final order dismissing the amended petition for return of improper distribution to appel-lee. We reverse and remand.

There are two issues on appeal:

I. Whether a four-year limitation period will time bar a fiduciary from recovering assets preferentially transferred to an estate creditor where the action to recover the assets is commenced prior to the estate being closed. We conclude it will not.

II. Whether a petition fails to state a cause of action for the return of improper payments under section 733.-812,…