When someone dies with a revocable living trust, family members often receive a copy of the trust in the mail along with a letter from the trustee. That letter may start a short clock. Under Minn. Stat. § 501C.0605, a person who wants to contest the validity of a revocable trust must sue by the earlier of two dates: three years after the settlor’s death, or 120 days after the trustee sent a copy of the trust instrument and the required notice.
The notice has specific content. It must tell the recipient that the settlor has died and the trust exists, identify the trustee and where to reach them, and state the deadline for bringing a challenge. Minnesota amended the statute effective August 1, 2025, to require that the notice state the settlor’s death. A letter that omits a required element may not trigger the 120-day deadline, and a trustee who relies on a defective notice may face a later challenge.
The common grounds for a trust contest are lack of capacity, undue influence, fraud, and improper execution. These claims often arise when a late-life amendment shifts the estate toward one child, a caregiver, or a new spouse. Building that case takes time: medical records, financial records, the drafting attorney’s file, and witness interviews. Four months passes quickly, especially during the grief and logistics that follow a death.
Trustees should know the statute protects them too. After the settlor’s death, a trustee may distribute trust property under the trust’s terms without liability, unless the trustee knows of a pending contest or a potential contestant gave written warning and filed suit within 60 days afterward. If a trust is later found invalid, beneficiaries may have to return distributions to the extent the invalidity applies. Sending a proper notice early is often the most effective way a trustee can limit risk and move administration forward.
If you have received a trust and a trustee’s letter, note the date it was sent and get advice promptly, even if you hope to resolve the matter without litigation. Many trust disputes settle through negotiation or mediation, but preserving the right to sue is what gives those discussions leverage. Messick Law represents beneficiaries and trustees in Minnesota trust and estate disputes, and our attorneys also serve as mediators in these cases.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship.