Is there a statute of limitations in contesting a Trust?
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Is there a statute of limitations in contesting a Trust?
My mother-in-law had a Trust drawn up that had my husband and his twin brother as Trustess. She explained it to them as whoever is left everything is theirs. She passed away 21 years ago and the all property was changed to both of their names. There was a clause in the Trust that stated the named person upon paying all debts of the trustor or their surviving children by right of representation. My brother-in-law passed away about 8 months after his mother and my husband assumed that everything belonged to him, as explained to him by his mother. Now his nephew is claiming that he owns half of the property. Can his stil contest this 20 years later?
Asked on March 3, 2014 under Estate Planning, Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
The statute of limitations for various probate and trust claims vary. For example, within 120 days of being admitted to probate, a will contest must be filed; within 4 years a trust contest involving an incompetent settlor must be filed and within 3 years a trust contest involving mistake or fraud that deals with personal property must be filed.
I suggest that you consult with an attorney about the matter you have written in your locality. One can be found on attorneypages.com.
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