My brother was named trustee of our deceased mother's living trust. I am a named beneficiary in the trust. My brother has stopped communicating with me but I recently discovered that he transferred all the trust assets to another trust, almost two years ago, this coming December. I never received any notice of this transfer from my brother (trustee) and I would likely never have found out, but I own mineral interests and I'm getting leasing offers to drill. I need to clarify my title to mineral interests which may be tied to the trust assets, but my brother will not communicate with me. I'm in the dark. Do I need to file suit against him as a Trustee or Individual. And what is the statute of limitations? I found out about the transfer in June 2014. The transfer happened, Dec 2012Does the statute of limitations trigger on the date the transfer happened (Dec 2012) or on the date I found out about the transfer (Jun 2014)?
The general statute of limitations is two years. You need to confer with an estate planning and trusts attorney as quickly as possible to see if you have rights which would otherwise be lost. Delay could result in you losing any claim you might otherwise have.
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