Q: I am wondering, how much time does a beneficiary have (statues of limitations) before their claims are adhered.
I was questioning the ability to receive monies owed if the time limits are reached
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- California
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- Answered
A:
In California, the statute of limitations for claims by beneficiaries against an estate or trust varies depending on the nature of the claim. Generally, for a trust, a beneficiary must file a claim within 120 days from the date a notification by the trustee is served if the trustee provides a statutory notice informing beneficiaries of the trust administration. This notice is meant to inform beneficiaries of their right to contest the trust.
For a probate estate, a beneficiary must assert their rights within the time frame set by the probate court. If you believe you have a claim to an inheritance that is not being honored, it's important to act promptly. Delays in asserting your rights can lead to challenges in pursuing a claim.
If you're concerned about missing a deadline or if the time limit has already passed, it's advisable to consult with an attorney as soon as possible. An attorney can help you understand the specific deadlines that apply to your situation and advise you on the best course of action. They can also assist in negotiating with the executor or trustee or, if necessary, in taking legal action to protect your rights as a beneficiary.
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