In Re Elizabeth A. Briggs Revocable Living Trust

[¶1.] SDCL 55-4-57(a) limits the time to commence a judicial proceeding contesting “whether a revocable trust or any amendment thereto, or an irrevocable trust was validly created.” Settlor amended her revocable trust to expressly disinherit her son. Following settlor’s death, her son commenced, this action to invalidate the amendments on the grqunds that settlor lacked capacity and was unduly influenced. Son also requested an accounting and made a claim for breach of fiduciary duty. Son, however, commenced the action more than sixty days after he received an SDCL 55-4-57(a)(2) notice that he…