Caring.com’s 2022 Wills Survey uncovered that 33% of Americans do not have an estate plan. Those individuals who do have a plan may still not understand what could happen after their deaths.
One potential complication is someone contesting a trust. People often use trusts because they allow for easy planning and safeguarding of their wishes. However, if someone has an issue, it could lead to a trust contest. However, contesting a trust has its limitations, such as the time limit under Ohio law.
Statute of limitations explained
The statute of limitations is a set time in which a person can raise concerns about a trust. It is a safeguard that ensures the estate resolves trust-related disputes within a reasonable timeframe. The rationale behind this rule is to promote fairness and efficiency in the legal system. By imposing a time limit, the law encourages prompt resolution of disputes, preventing stale claims that could arise long after the death.
In Ohio, this limit is two years from the date of the trustor’s death or six months after the contesting individual received notice of the trust.
After the time limit
Ohio’s legal framework emphasizes the importance of diligence. If an individual discovers potential grounds for contesting a trust, they must act promptly. Waiting too long may result in the forfeiture of the right to contest and leave them without legal recourse.
Ohio residents must be aware of the statute of limitations if they believe they have grounds to challenge a trust to preserve their rights. Ignorance of the law is not a valid excuse and will not erase the expiration of the time limit.