Title 53, Chapter 12, Section 198
( 53-12-198)
(a) Unless a claim is previously barred by adjudication, consent,
limitation, or otherwise, if a beneficiary has received a 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 six years after receipt of the report. A 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. If the beneficiary has
not received a report which 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 six years after the beneficiary discovered, or
reasonably should have discovered, the subject of the claim. (b) A successor trustee's claim against a predecessor trustee is
barred unless a proceeding to assert the claim is commenced within
six years after the successor trustee takes office. (c) A trustee's claim against a cotrustee is barred unless a
proceeding to assert the claim is commenced within six years after
the date the cause of action against the cotrustee arises. (d) With respect to a claim which accrued prior to July 1, 1991, the
claim is barred unless a proceeding to assert the claim is commenced
either prior to the date the claim would have been barred had this
Code section not been enacted or within six years from July 1, 1991,
whichever is sooner. |