Q: is there a statute of limitations on an irrevocable trust?

A: To answer this question accurately, we need to consider a few key points regarding irrevocable trusts and trust contests in California:

1. Statute of limitations:

In California, the general statute of limitations for contesting a trust is 120 days from when the trustee serves the "notification by trustee" to the beneficiaries and heirs. This notification typically occurs after the death of the trust creator (settlor).

2. No-contest clauses:

Many trusts include no-contest clauses, which can disinherit beneficiaries who challenge the trust without probable cause. These clauses can discourage contests but don't necessarily prevent them.

3. Exceptions:

There are some exceptions that might allow a contest beyond the 120-day period:

a. Fraud: If the trust was created through fraud, the statute of limitations is generally three years from when the fraud was discovered or should have been discovered.

b. Incapacity or undue influence: Claims based on the settlor's lack of capacity or being under undue influence when creating the trust may have different time limits.

4. Receipt of trust copy:

Receiving a copy of the trust document itself doesn't necessarily start the clock on the statute of limitations. The formal "notification by trustee" is what typically triggers the 120-day period.

5. Irrevocable trusts:

While irrevocable trusts are generally more difficult to contest or change, they are not immune to challenges if there are valid grounds.

Given the information provided, a person might still be able to contest an irrevocable trust two years after receiving a copy, but it would depend on several factors:

1. Whether the formal "notification by trustee" was served, and when.

2. The grounds for the contest (e.g., fraud, incapacity, undue influence).

3. When the grounds for contest were discovered or should have been discovered.

4. Whether there's a no-contest clause and if the challenger has probable cause.

To determine if a contest is possible in this specific case, the person should consult with a California estate planning attorney who can review all the details and advise on the best course of action.