Legal Question in Wills and Trusts in Massachusetts

Re: exceptions to statute of limitaions

Thanks for your question. The key issue in relation to your question is whether the limitations period has in fact expired. The law generally affords people who are disabled a longer period in which to bring the claims. In the instance you are describing, it is probable that the limitations period would begin running when the beneficiary could have determined with "reasonable diligence" that the administrator was taking advantage of him or her. Quite often that is not capable of being detected without the assistance of a third person. Thus, if the beneficiary only learned of the administrator's wrongful conduct because someone helped him or her detect it, I think it is likely that a court would find that the limitations period commenced only when the beneficiary secured that assistance. Keep in mind, however, that the extent of the beneficiary's disability would also be taken into account in determining, for instance, whether he/she would actually need assistance. For more on topics related to your question, please visit my blog at www.lawfang.com. I would be pleased to speak with you further concerning this matter.

Re: exceptions to statute of limitaions

A court might consider the statute of limitation tolled if you can prove there was fraud that prevented the beneficiary from reasonably discovering their rights. Retain an attorney to review the specifics . Good Luck!

Re: exceptions to statute of limitaions

There may be a basis for for the exception to the standard of limitations depending upon when the issue was discovered and if the child with mental disability had an independent guardian or GAL to protect their interest during the probate of the estate.

I suggest you take your concerns to an attorney ASAP, even if there may be an exception that exception has a short time limit.