California Probate Code 16460 – (a) Unless a claim is previously barred by adjudication, …
(a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise:
(1) If a beneficiary has received an interim or final account in writing, or other written report, that adequately discloses the existence of a claim against the trustee for breach of trust, the claim is barred as to that beneficiary unless a proceeding to assert the claim is commenced within three years after receipt of the account or report. An account or report adequately discloses existence of a claim if it provides sufficient information so that the beneficiary knows of the claim or reasonably should have inquired into the existence of the claim.
Terms Used In California Probate Code 16460
- Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:
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- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Parent: means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved. See California Probate Code 54
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
- Trust: includes the following:
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- Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Probate Code 84
- Trustee: A person or institution holding and administering property in trust.
(2) If an interim or final account in writing or other written report does not adequately disclose the existence of a claim against the trustee for breach of trust or if a beneficiary does not receive any written account or report, the claim is barred as to that beneficiary unless a proceeding to assert the claim is commenced within three years after the beneficiary discovered, or reasonably should have discovered, the subject of the claim.
(b) For the purpose of subdivision (a), a beneficiary is deemed to have received an account or report, as follows:
(1) In the case of an adult who is reasonably capable of understanding the account or report, if it is received by the adult personally.
(2) In the case of an adult who is not reasonably capable of understanding the account or report, if it is received by the person‘s legal representative, including a guardian ad litem or other person appointed for this purpose.
(3) In the case of a minor, if it is received by the minor’s guardian or, if the minor does not have a guardian, if it is received by the minor’s parent so long as the parent does not have a conflict of interest.
(c) A written account or report under this section may, but need not, satisfy the requirements of Section 16061 or 16063 or any other provision.
(Amended by Stats. 1996, Ch. 862, Sec. 40. Effective January 1, 1997.)