In Kaptchinskie v. Estate of Kirchner, the purchasers of property sued an estate to establish that the estate’s claim under a note was extinguished by the statute of limitations. No. 14-15-01080-CV, 2017 Tex. App. LEXIS 7012 (Tex. App.—Houston [14th Dist.] July 27, 2017, no pet. history). The independent administratrix of the estate filed a counterclaim for the amounts due and owing. The trial court ruled for the independent administratrix, and the purchasers appealed. The trial court made no express findings of fact about the limitations defense, and the appellate court had to presume that the trial court made all findings necessary to support the judgment. The court of appeals held that the general rule is that contract claims are barred four years after accrual, but noted that there are exceptions. “Upon the death of a person to whom the cause of action belongs, the limitations period is tolled for the earlier of (a) one year, or (b) the date on which the estate’s executor or administrator is qualified.” Id. (citing Tex. Civ. Prac. & Rem. Code § 16.062). Due to when the independent administratrix was appointed, the limitations period was tolled for one year. Due to this, the court held that she could assert a breach-of-contract claim for up to five years after the claim accrued. The court concluded: “the Kaptchinskies’ next payment was due on August 1, 2009. That payment was never made. Huffman asserted her breach-of-contract claim on July 31, 2014, and at trial, she sought recovery only of amounts due on or after August 1, 2009; thus, the entirety of her claim was filed within the applicable five-year limitations period.” Id.
