Legal Question in Wills and Trusts in California

what is the statute of limitations for a contingent beneficiary to file a trust contest


Asked on 3/01/14, 10:32 pm

1 Answer from Attorneys

Len Tillem Tillem McNichol & Brown

If the contingent beneficiary was served notice under Probate Code �16061.7, then there's a 120 limitation on that person's right to challenge the validity of the trust and its amendments. If a copy of the trust wasn't included with the notice, the beneficiary can ask for a copy and get another 60 days to file a contest.

Keep in mind that a "contest" is a court action seeking an order declaring that the trust or an amendment to the trust is void. Other actions such as seeking an accounting or suing a trustee for a breach of fiduciary duty are not contests.

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Answered on 3/03/14, 9:40 am


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