What is the statue of limitations on self-dealing?

My father became trustee of the family
trust after my mother passed. The house
was in that trust that I am a
beneficiary to and he sold it against
my wishes and created another trust in
his name. So far as I can tell he didn’t
reimburse the original trust at all.
This happened in 2012-2013.

Asked on March 23, 2018 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unfortunately, in your state, the statute of limitations for breach of fiduciary duty (which is what self-dealing would fall under) is four years; the other potentially applicable statutes of limitation in your state, for fraud or for conversion (theft of assets entrusted to someone's control or possession), are only three years. 


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