TERRY BRACKNEY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RENATE MACK Missouri Cases
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Terry Brackney, a domiciliary foreign personal representative for Renate Mack's Estate, appealed the denial of his counterclaims for quiet title and constructive trust regarding real estate in Ozark County. The trial court had applied a one-year statute of limitations for admitting a will to probate, finding the claims time-barred. The appellate court reversed the denial of the quiet title claim, holding that the one-year statute of limitations does not apply to quiet title or constructive trust actions brought by a DFPR who has properly filed their appointment. However, the court affirmed the denial of the constructive trust claim on its merits and dismissed the claim for attorney's fees due to lack of preservation.