§ 33B-16. Limitations of action against custodial trustee.

289 words·~1 min read·/nc/chapter-33b/33b-16

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as provided in subsections

(b)and

(c)of this section, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or the legal representative of an incapacitated or deceased beneficiary or payee:

(1)Who has received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within two years after receipt of the final account or statement; or

(2)Who has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within three years after the termination of the custodial trust.

(b)Except as provided in subsection

(c)of this section, a claim for relief to recover from a custodial trustee for fraud, misrepresentation, or concealment is barred unless an action or proceeding to assert the claim is commenced within five years after the termination of the custodial trust.

(c)A claim for relief is not barred by this section if the claimant:

(1)Is a minor, until the earlier of two years after the claimant becomes an adult or dies;

(2)Is an incapacitated adult, until the earliest of two years after

(i)the appointment of a guardian of the estate,

(ii)the removal of the incapacity, or

(iii)the death of the claimant; or

(3)Was an adult, now deceased, who was not incapacitated, until two years after the claimant's death if the claim was not barred by adjudication, consent, or limitation prior to the claimant's death. (1995, c. 486, s. 1.)