QUESTION
is there a statute of limitations on trusts
Asked on Nov 06th, 2017 on Trusts and Estates - California
More details to this question:
Can a 1989 trust be challenged on the grounds of a trustee who as a sibling with a lot to gain forced a dying sibling in changing his trust 1 week later, becoming a new client of the dying sibling's atty so the person who the trust is written for would never receive the principal & a major portion of the income of the estate. Also, 1 of the 2 trustees died several years ago but somehow she's still able to endorse monthly dividend checks.
1 ANSWER
3 Awards
First, on your second issue: When two trustees are named, normally the survivor is able to administer the trust alone when one dies.
Your claim would be a claim of undue influence. California Code of Civil Procedure Section 337 gives a statute of limitations of four years for an action upon any contract, obligation, or liability founded upon an instrument in writing. A trust modification would fall within this.
You describe yourself as "the person the trust was written for." The person the trust was written for was the deceased sibling. Up to the moment of his death, he had full ability and power to change the trust in any way he chose.
Answered on Nov 06th, 2017 at 8:05 AM