Legal Question in Wills and Trusts in Massachusetts
fraud
What is the time limit to file suit or void a realestate trust transfer that has recently been discovered to be an act of fraud (and the fraud is from over 6 years ago)?
2 Answers from Attorneys
Re: fraud
Thanks for your question. If you were a beneficiary of the trust in question and the trustee sold the property without your authorization, you would have three years from the date the trustee informed you of the transaction to bring suit. The law is clear that the trustee is a fiduciary who has an affirmative obligation to account to you for the activities of the trust of which he/she is trustee. For this reason the statute of limitations doesn't even start running until the trustee makes that accounting.
Please feel free to contact me if you wish to discuss this further.
Re: fraud
There is a discovery rule that may toll the time, and give you additional time to file your action.