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RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 30 years in Estate law
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Statute Of Limitations to challenge a Living Trust in

Customer Question

Statute Of Limitations to challenge a Living Trust in Michigan.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you tonight.

The Michigan Trust Code now provides a statute of limitations for challenging the validity of a trust that was revocable at the settler’s death. Such a trust contest must be brought within the earlier of: (1) two years after the settler’s death or (2) six months after the trustee sent the challenger a specified notice. The Michigan Trust Code provides that the capacity to create, amend, revoke, or add property to a revocable trust is the same as that required to make a will.

You can sue here to challenge on such grounds as undue influence and lack of capacity.

I appreciate the chance to help you tonight.Thank again.