Sec. 45a-499qq. Limitation on action contesting validity of revocable trust; distribution of trust property.
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/ct/title-45a/chapter-802c-trusts/45a-499qq·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of:
(1)One year after the settlor's death; or
(2)One hundred twenty days after the date on which the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding. The trustee may provide the documentation and information set forth in this subdivision to
(A)all persons who would be entitled to notice of the application for probate of a will or administration of an intestate estate or to notice of the admission of a will to probate or the granting of letters of administration; and
(B)the beneficiaries of the trust and all persons whose interests are, in the opinion of the trustee, adversely affected by the trust. The provisions of this subdivision shall not apply to a person if notice is sent to the designated representative for the person but not to the person.
(b)Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:
(1)The trustee knows of a pending judicial proceeding contesting the validity of the trust;
(2)a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced not later than sixty days after the date on which the contestant sent the notification; or
(3)the trustee failed to give notice in accordance with section 45a-499kkk .
(c)If the court determines that a distribution to a beneficiary of a trust is invalid, the beneficiary is liable to return the distribution received.