[WSBAPT] Start of Running of TEDRA statute of limitations

Thu Dec 8 11:05:42 PST 2022

I never received a definite answer.  In looking at RCW 11.96A.070, it sets a 3 year limitation after delivery of a report provided under 11.96A.110.  But we were not dealing with an express trust.  There is language  that also cuts off a cause of action when the PR is discharged.  For my case I prefer to refer to RCW 4.16.130, for matters not previously provided, two years from when the cause of action accrued.  

Jeff

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
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email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Julie Martiniello
Sent: Thursday, December 8, 2022 10:45 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Start of Running of TEDRA statute of limitations

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 <mailto: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

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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