Minors do not receive “notice” unless guardian appointed

Anderson v. Dussault    Sep. 4, 2014 – 89788-3 – Washington Supreme Court

Decision: 140904-Anderson-v-Dussault

Beneficiary challenged expenditures in the trust within three years after she reached the age of 18. The court dismissed the case on summary judgment. Division Two affirmed in a published decision. Anderson v. Dussault, 177 Wn. App. 79, 310 P.3d 854 (2013). The court reasoned that the beneficiary’s claims were barred by RCW 11.106.080, a provision of the TAA that makes court approval of an accounting final and binding on all parties, even incompetent beneficiaries. Because the superior court had approved all the accountings and the beneficiary had not appealed those approvals, she could not now pursue breach of trust claims based on conduct disclosed in those accountings. Division Two also ordered Rachel to pay . . . attorney’s fees, citing RCW 11.96A.150.

The Supreme Court reversed holding TEDRA’s three-year statute of limitations is tolled for minors without guardians.

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