The application of the statute of limitations in Surrogate’s Court proceedings can have surprising consequences. It is not a simple matter to calculate “the time the cause of action accrued to the time the claim is interposed” (CPLR 203 [1]). Ascertaining the accrual date and against whom it applies is not always intuitive.
The transfer of property takes many forms, whether by a will, trust or gift. It may occur during the lifetime of the grantor or donor, or upon his or her death. When a future interest is created, does that creation provide others with the right to challenge the transfer? Or the subsequent conduct by a fiduciary? Does the accrual period start at the creation of the future interest? Does it matter whether the future interest is vested? Or contingent? Or vested subject to being divested?
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