Legal Question in Wills and Trusts in California
What is the statute of limitations in asserting an interest in a trust? Trust litigation began in October 2010. However, I did not become a beneficiary until the primary beneficiary was disinherited by the court in July 2013. I want to file a petition to interpret the trust. Am I too late?
2 Answers from Attorneys
Most likely, the answer is that your petition is timely. There is usually no statute of limitations problems on the interpretation of a trust, provided the question requiring the interpretation recently arose.
You may wish to contact a lawyer to discuss the petition for interpretation. The trust will likely end up paying the trustee's lawyer's fees for participating in that petition, which will eat into the trust income and assets. Even having an attorney on a limited representation basis can be helpful here.
There is no statute of limitations to petition for instructions. There may be a statute governing other problems that may arise as a result of those instructions.
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