[WSBAPT] TEDRA Statute of Limitations Question

[Jensen Mauseth]

Good afternoon everyone. Hoping you can help me resolve a statute of limitations question.

Decedent had a revocable living trust that was drafted in 2013 naming a third party, we’ll call her Joan, as Trustee. In January 2015, decedent signed an amendment to the trust removing his sons as beneficiary and naming Joan as sole beneficiary. Consequently, after the amendment Joan was sole beneficiary and sole trustee. (See RCW 11.98.011(1)(e)). A month after the amendment, Joan transfers all of the trust assets out of the trust and into her own revocable living trust. Decedent dies in spring 2021 and son is named as Administrator. Upon investigation, son learns of the 2015 amendment and the transfer of real estate for the first time in late spring 2021.

My questions are these:

  1.  Does the 3-year SOL under RCW 11.96A.070 apply to a determination of the validity of the 2015 Amendment? (I don’t think it does because the request for declaratory judgment re the validity of the Amendment is not a claim against the Trustee….)



  1.  Does a 6-year SOL under RCW 4.16.040 for claims on a contract apply to the validity of the 2015 Amendment to the trust?

Any citations to case law would be great.

Thanks for your help and insight.

Best regards,
Jensen


Jensen Mauseth
Mauseth Legal, PLLC
Bothell Office
22618 Bothell-Everett Hwy, Ste. D
Bothell, WA 98021
Edmonds Office
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Edmonds, WA 98020
www.mausethlegal.com<http://www.mausethlegal.com/>
jmauseth at mausethlegal.com<mailto:jmauseth at mausethlegal.com>
(p) 425.242.5111
(f)  425.242.5114

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