72-34-511. Limitations on proceedings against trustee. (1) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise:
     (a) If a beneficiary has received an interim or final account in writing, or other 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 3 years after receipt of the account or report. An account or 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.
     (b) If an interim or final account or other report does not adequately disclose 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 3 years after the beneficiary discovered, or reasonably should have discovered, the existence of the claim.
     (2) For the purpose of subsection (1), a beneficiary is considered to have received an account or report, as follows:
     (a) in the case of an adult who is reasonably capable of understanding the account or report, if it is received by the adult personally;
     (b) in the case of an adult who is not reasonably capable of understanding the account or report, if it is received by the person's legal representative, including a guardian ad litem or other person appointed for this purpose; or
     (c) in the case of a minor, if it is received by the minor's guardian or, if the minor does not have a guardian, if it is received by the minor's parent so long as the parent does not have a conflict of interest.
     (3) The limitations period applicable to actions by a beneficiary against a trustee on a claim that arose before October 1, 1989, is governed by this section, except that a claim arising before October 1, 1989, is not barred by this section until October 1, 1990.

     History: En. Sec. 159, Ch. 685, L. 1989.