[WSBAPT] Start of Running of TEDRA statute of limitations

[Jeff at bellanddavispllc.com]

Listmates:

 

Husband dies May 31, 2019.  Petition to probate Will is filed on August 9,
2019.  For various reasons, decedent's son is appointed PR, per Will, on
December 6, 2019.  Son has done nothing for almost three years.  The
apparent goal is to pursue Wife in a TEDRA action to challenge POD
designations made by decedent before death.  The question is when does the
three year TEDRA statute of limitation start running?  RCW 11.96A.070(1)(a)
talks about breach by a trustee of an express trust.  However, that is not
what is at issue.  In looking at 11.96A.070(c), again it all talks about a
trust.  Subparagraph (d) then points out that "express trust" does not
include resulting trusts, constructive trusts . . ."  What SOL applies to
those other trusts?  Your thoughts!

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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