In re Elizabeth A. Briggs Revocable Living Trust

The Supreme Court affirmed the circuit court’s dismissal of Son’s action to invalidate amendments to Settlor’s revocable trust to expressly disinherit Son as well as the dismissal of Son’s breach of fiduciary duty claim and request for an accounting.Following Settlor’s death, Son commenced this action to invalidate the amendments to Settlor’s revocable trust on the grounds that Settlor lacked capacity and was unduly influenced. Son also made a claim for breach of fiduciary duty and requested an accounting. The circuit court dismissed the petition, finding that Son’s claims were barred by S.D. Codified Laws 55-4-57(a)’s time limitations for commencing a judicial proceeding. The Supreme Court affirmed, holding (1) the circuit court correctly dismissed the lack of capacity and undue influence claims as untimely; (2) because Son did not commence an action against the trustee of the trust in her individual capacity, the circuit court did not err in dismissing the breach of fiduciary duty claim; and (3) the circuit court did not err in dismissing Son’s request for an accounting where Son had no standing to demand an accounting. View "In re Elizabeth A. Briggs Revocable Living Trust" on Justia Law