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