BENEFICIARY RIGHTS.
BENEFICIARY RIGHT TO FILE A LAWSUIT
Beneficiaries may file a lawsuit in Probate Court to assert their rights pertaining to a trust and may ask the Probate Court to: (1) Appoint or remove a trustee; (2) Review trustees' fees and to review and settle interim or final accounts; (3) Ascertain beneficiaries, to determine any question arising in the administration or distribution of any trust including questions of construction of trust instruments, to instruct trustees, and to determine the existence or nonexistence of any immunity, power, privilege, duty or right; (4) Release registration of a trust; and (5) Request payment of distributions by the trustee.
STATUTE OF LIMITATIONS FOR FILING A COMPLAINT IN PROBATE COURT
Any claim against a trustee for breach of trust is barred as to any beneficiary who has received a final account or other statement fully disclosing the matter and showing termination of the trust relationship between the trustee and the beneficiary unless a proceeding to assert the claim is commenced within 2 years after receipt of the final account or statement. In any event and notwithstanding lack of full disclosure a trustee who has issued a final account or statement received by the beneficiary and has informed the beneficiary of the location and availability of records for the beneficiary's examination is protected after three years. A beneficiary is deemed to have received a final account or statement if accorded notice pursuant to section 560:1-401.
Beneficiaries may file a lawsuit in Probate Court to assert their rights pertaining to a trust and may ask the Probate Court to: (1) Appoint or remove a trustee; (2) Review trustees' fees and to review and settle interim or final accounts; (3) Ascertain beneficiaries, to determine any question arising in the administration or distribution of any trust including questions of construction of trust instruments, to instruct trustees, and to determine the existence or nonexistence of any immunity, power, privilege, duty or right; (4) Release registration of a trust; and (5) Request payment of distributions by the trustee.
STATUTE OF LIMITATIONS FOR FILING A COMPLAINT IN PROBATE COURT
Any claim against a trustee for breach of trust is barred as to any beneficiary who has received a final account or other statement fully disclosing the matter and showing termination of the trust relationship between the trustee and the beneficiary unless a proceeding to assert the claim is commenced within 2 years after receipt of the final account or statement. In any event and notwithstanding lack of full disclosure a trustee who has issued a final account or statement received by the beneficiary and has informed the beneficiary of the location and availability of records for the beneficiary's examination is protected after three years. A beneficiary is deemed to have received a final account or statement if accorded notice pursuant to section 560:1-401.