[WSBAPT] Start of Running of TEDRA statute of limitations

[Julie Martiniello]

Hi Jeff,

Did you ever get an answer for this? I am coming across a similar question
of when does the SOL run for contesting POD designations.

On Wed, Aug 10, 2022 at 9:45 AM <Jeff at bellanddavispllc.com> wrote:

> 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
>
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> Sequim WA 98382
> Phone: (360) 683.1129
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> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
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