Statute of Limitations and San Diego Trust Litigation
After losing a loved one, beneficiaries of an estate have the right to feel like they’re in good hands. They should feel like the trustee and executor are working diligently and honorably while carrying out the deceased affairs’. Dealing with the emotional loss of a friend or family member is difficult enough. There is no need to feel the stress of a messy trust administration added to the mix. But unfortunately, not every trustee is responsible, hard-working, or honest. The end result may be a trust litigation matter in San Diego.
If you are thinking about pursuing a claim against a trustee, consider the following facts:
- First of all, the statute of limitations for a claim of breach of fiduciary duty in California is four years.
- Also, the clock starts running for a breach of fiduciary duty action in San Diego when the plaintiff knows about the trustee’s wrongdoing.
- Additionally, California has what is known as a “gravamen rule”. This allows courts to look at the true nature of a plaintiff’s claim, rather than just the cause of action that is being alleged. This is done in order to determine the applicable statute of limitations.
- However, there is one way you may be able to extend the statute of limitations. If you can demonstrate there was a reason for a higher level of trust between yourself and the trustee.
Calculating the Statute of Limitations:
In conclusion, to learn more about calculating the statute of limitations, view our article, “Trustee-Beneficiary Relationship May Extend Statute of Limitations.” For more information about pursuing legal action against a trustee, contact an experienced San Diego estate litigation attorney today. Additionally, contact us today. We would love to further assist you.