In re Estate of Horst Revocable Trust

The Supreme Court reversed the decision of the district court concluding that a residual beneficiary's objection to the second and third amendments to the Ella E. Horst Revocable Trust was time-barred under Nev. Rev. Stat. 164.021(4), holding that the objection was timely.

Following the settlor's death, Respondent, the trustee, sent notice of irrevocability to the Trust's beneficiaries pursuant to section 164.021. The notice included copies of the original Trust and the Trust's first three amendments. Sixteen months later, Respondent petitioned to confirm a purported fourth amendment to the Trust. Appellant, a residual beneficiary, filed an objection, alleging that the second through fourth amendments were the product of undue influence. The district court confirmed the original Trust and its first three amendments, concluding that Appellant's objection to the amendments was time-barred under section 164.021(4), which provides a window of 120 days from service of the notice of irrevocability for bringing an action to challenge a trust's validity. The Supreme Court reversed, holding (1) to trigger the 120-day limitation period under section 164.021(4), the trustee's notice must include all trust provisions pertaining to the beneficiary; (2) because Respondent's initial notice to beneficiaries did not include the purported fourth amendment, the notice did not trigger the 120-day limitation period; and (3) therefore, Appellant's objection was timely.