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My parents have a living trust. My dad died 2 years ago and…

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My parents have a living...
My parents have a living trust. My dad died 2 years ago and a/b trusts were established. What is the statute of limitations for challenge to 1) my dad's capacity in naming beneficiaries and 2) claiming that he was under undue influence in his gifts?
Submitted: 8 years ago.Category: Estate Law
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Answered in 11 minutes by:
6/15/2010
Estate Lawyer: Attorney & Mediator, Attorney replied 8 years ago
Attorney & Mediator
Category: Estate Law
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To challenge the trust under the grounds of lack of capacity, California probate states you have 120 days from getting notice of death of the settlor to contest. If no notice was ever sent then you would have upto four years to challenge based on lack of capacity to enter into such a trust and it's terms.


California probate code section 16061.7 states that such notice must be sent within 60 days of the death of a settlor and allow the recipient of the notice to request a copy of the trust. After receiving the mailed notice, the recipient has 120 days from the date of mailing to file a trust contest. If no contest is filed within a 120 days then the notice recipient may forfeit their right to file a contest.

But if no notice is mailed the statute of limitations in which a trust contest could be filed is much greater, and could be up to at least four years.

 

 

 

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