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)?


Asked on 10/09/08, 7:25 pm

2 Answers from Attorneys

Alan Fanger Alan S. Fanger, Esq.

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.

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Answered on 10/09/08, 10:26 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: fraud

There is a discovery rule that may toll the time, and give you additional time to file your action.

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Answered on 10/10/08, 12:52 am


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