Trust BCLP

Trust BCLP

statute of limitations

Main Content

Filing Trust Modification As Public Record Started Statute Of Limitations

December 23, 2015

Authors

Luke Lantta

Filing Trust Modification As Public Record Started Statute Of Limitations

December 23, 2015

by: Luke Lantta

Fiduciaries should always be thinking of ways to get the statute of limitations started.  Why have a claim hanging over your head for many years, when you can take actions that shorten the time in which a claim may be brought against you?  Typically, we think of getting that time running in terms of sending regular account statements to the trust beneficiaries.  In Domino v. Braswell, the Court of Appeals of Mississippi got us thinking about another way to start the clock running:  by publicly recording documents.

A grantor, the trustees, and the beneficiaries of a trust modified the trust to correct a clerical error.  The trust modification was filed as a public record in 1997.  After the grantor died, in 2013, a complaint was

Read More

When Do Claims On a Revocable Grantor Trust Go Stale?

May 1, 2014

Authors

Brenda Gonzalez

When Do Claims On a Revocable Grantor Trust Go Stale?

May 1, 2014

by: Brenda Gonzalez

Recently, a Missouri Court of Appeals found that a claim regarding the validity of a revocable grantor trust was time-barred, as the two-year statute of limitations to bring a claim contesting a trust’s validity had passed when the personal representative of an estate brought suit.

In Morris v. Trust Co. of the Ozarks, 2014 WL 947109, at *1 (Mo. Ct. App. Mar. 11, 2014), the Court found that Section 456.6-604 of the Missouri Uniform Trust Code barred a claim seeking to establish that the trust at issue had terminated as a matter of law at the grantor’s death.  Section 456.6-604.1(1) states that “a person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death within. . . two years after the settlor’s death. . .”

A revocable trust, also

Read More

Statute Of Limitations Barred Action To Set Aside Allegedly Fraudulent Deed

March 21, 2014

Authors

Luke Lantta

Statute Of Limitations Barred Action To Set Aside Allegedly Fraudulent Deed

March 21, 2014

by: Luke Lantta

If a deed has been procured by fraud, it may take a while for the defrauded person to figure out that he or she has been duped.  That’s why, in certain circumstances, the statute of limitations to set aside a fraudulent deed may be tolled.  But a mere allegation that a deed has been procured by fraud isn’t enough to toll the statute of limitations.  The allegedly defrauded person usually can’t just blindly accept someone else’s purportedly fraudulent representations.  Then again, the situation may be different if a fiduciary is the alleged fraudster or if there is a confidential relationship between the parties.  In McCall v. Williams, the Georgia Court of Appeals explored the intersection between alleged fraud, the duty to exercise reasonable

Read More

Georgia Statute Of Limitation For Setting Aside A Deed Based On Fraud

July 18, 2012

Authors

Luke Lantta

Georgia Statute Of Limitation For Setting Aside A Deed Based On Fraud

July 18, 2012

by: Luke Lantta

Last month, the Georgia Court of Appeals was busy addressing cases involving efforts to set aside deeds based on fraud.  So, we’ll take another look at a Georgia fraud case this week: Dunkley v. Evans.  While the appellate court had to address several legal issues, we’ll focus on the statute of limitations.  Here’s how the Georgia Court of Appeals said it worked in a fraud case:

Read More

Incapacity, Death, and Statutes of Limitation

February 17, 2012

Authors

Luke Lantta

Incapacity, Death, and Statutes of Limitation

February 17, 2012

by: Luke Lantta

We’ve previously looked at statutes of limitation in the context of fiduciary litigation.   As a quick refresher, a lawsuit has to be commenced within so many years after the complained of act occurred or you can’t pursue the lawsuit.  There are exceptions to this rule which allow a statute of limitation to be extended, or “tolled.”

Tolling of statutes of limitations can come up with greater frequency in the fiduciary litigation context because certain events like incapacity can toll a statute of limitations.

In Estate of Formyduval, the North Carolina Court of Appeals examined, under North Carolina law, the interplay between incapacity, death, and the statute of limitations for an action to set aside deeds on the basis of fraud and/or undue influence

Let’s take a quick look at the background of this lawsuit over the estate of

Read More

Statutes of Limitation and Arbitration

December 2, 2011

Authors

Luke Lantta

Statutes of Limitation and Arbitration

December 2, 2011

by: Luke Lantta

We’ve previously discussed arbitration agreements in a number of contexts, including who should sign them and when courts have enforced them.  While whether to include an arbitration clause in your standard account agreement is a business decision (and you will find people with very strong opinions on both sides of this debate), if you decide to include one you better make sure that your boilerplate is up-to-date.  Especially in Florida and especially as it relates to statutes of limitation.

Read More

Discovery Rule Tolls Statute Of Limitations In Utah Trust Litigation

November 7, 2011

Authors

Luke Lantta

Discovery Rule Tolls Statute Of Limitations In Utah Trust Litigation

November 7, 2011

by: Luke Lantta

The concept of a statute of limitations is easy to understand: a lawsuit has to be commenced within so many years after the complained of act occurred or you can’t pursue the lawsuit.  Where it gets tricky are all the exceptions to the rule.  For example, if the wrongdoer concealed the wrongful act or the wrongful act occurred in some way that made it highly unlikely that the aggrieved person would know about it, then the statute of limitations shouldn’t start running until the injured person knows or through reasonable diligence should have known about the wrongful act.  This “tolling” of the statute of limitations is called the discovery rule: the statute of limitations doesn’t start running until a plaintiff knew or reasonably should have known of the act.

Not all states apply the discovery rule, and not all states apply it to every cause of action.  In Bowen v. Bowen,

Read More
The attorneys of Bryan Cave Leighton Paisner make this site available to you only for the educational purposes of imparting general information and a general understanding of the law. This site does not offer specific legal advice. Your use of this site does not create an attorney-client relationship between you and Bryan Cave LLP or any of its attorneys. Do not use this site as a substitute for specific legal advice from a licensed attorney. Much of the information on this site is based upon preliminary discussions in the absence of definitive advice or policy statements and therefore may change as soon as more definitive advice is available. Please review our full disclaimer.