(a) A person may commence a judicial proceeding to contest the validity of a trust
that was revocable immediately prior to the settlor's death within the earlier of:
(1) three years after the settlor's death; or
(2) 120 days after the trustee sent the person a copy of the trust instrument and
a notice informing the person of the trust's existence, of the trustee's name and
address, and of the time allowed for commencing a proceeding.
(b) Upon the death of the settlor of a trust that was revocable at the settlor's death,
the trustee may proceed to distribute the trust property in accordance with the terms
of the trust. The trustee is not subject to liability for doing so unless:
(1) the trustee knows of a pending judicial proceeding contesting the validity of
the trust; or
(2) a potential contestant has notified the trustee of a possible judicial proceeding
to contest the trust and a judicial proceeding is commenced within 60 days after the
contestant sent the notification.
(c) A beneficiary of a trust that is determined to have been invalid, in whole or
in part, is liable to return any distribution received, to the extent the invalidity
applies to the distribution.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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