Linda Smith, et al. v. David R. Heilman, Trustee of the Ralph A. Siddell Living Trust, et al.

The Allegan County Probate Court derives its limited jurisdiction and power from statutory authority under the Estates and Protected Individuals Code (“EPIC”) concerning, among other issues, the construction, administration and validity of estates of decedents and trusts. Section 700.7604(1) provides: “(1) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of the following: (a) Two years after the settlor's death. (b) Six months after the trustee sent the person a notice informing the person of all of the following: (i) The trust's existence. (ii) The date of the trust instrument. (iii) The date of any amendments known to the trustee. (iv) A copy of relevant portions of the terms of the trust that describe or affect the person's interest in the trust, if any. (v) The settlor's name. (vi) The trustee's name and address. (vii) The time allowed for commencing a proceeding.” (Emphasis added.) Words or phrases bolded and underlined are defined by statute.