Anderson

Gilbert John Anderson, Jr., as trustee of the Margaret K. Anderson Trust, appeals from the dismissal of his action against his brother, Nolan Anderson, as executor of the estate of their father, Gilbert J. Anderson, Sr. (Anderson Sr.) and as trustee of the Anderson Sr. living trust, following the trial court’s sustaining respondent’s demurrer on statute of limitations grounds.

Appellant’s action was brought against respondent in his two representative capacities, as executor of Anderson Sr.’s estate and as trustee of his living trust. Appellant alleged that Anderson Sr., while trustee of appellant’s mother’s testamentary trust, had failed to provide an accounting of the trust and had improperly converted assets.

The complaint alleges the following. Anderson Sr. was named trustee of the Margaret K. Anderson testamentary trust. The trust provided that Anderson Sr. would receive the net income of the trust for life, with trust assets to be distributed to Margaret K. Anderson’s three sons, including appellant and respondent, upon Anderson Sr.’s death. Instead, Anderson Sr. converted assets of the trust to his own use, and failed to account for them.

Anderson Sr. died…