[WSBAPT] TEDRA Statute of Limitations Question

[Jerimy Kirschner]

Hello Jensen,

Have you looked at a fraud/discovery rule angle?  Is it a diminished
capacity and/or fiduciary presumed undue influence?

On Tue, Oct 26, 2021 at 3:18 PM Jensen Mauseth <jmauseth at mausethlegal.com>
wrote:

> 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*
>
> 144 Railroad Ave., Ste. 308
>
> Edmonds, WA 98020
>
> www.mausethlegal.com
>
> jmauseth at mausethlegal.com
>
> (p) 425.242.5111
>
> (f)  425.242.5114
>
>
>
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-- 
Jerimy Kirschner, Esq.
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