Legal Question in Wills and Trusts in New Jersey

We believe our trustee will be required to make distributions from a pour-over trust as the benficiaries reach certain ages. The trustee hired a lawyer who claims he is acting as a mediator. Based on many post responses, the legal arguments that the trustee's lawyer/mediator gave us to support a claim that the trustee is not required to make distributions are all incorrect. The lawyer/mediator promised three and a half months ago that he would arrange for legal research, and promised that he would give an answer about the trustee's position by a date that passed a week and a half ago. He is evading our requests to come clean about the trustee's position. How can we get the trustee to admit what his position really is? Can we just presume that the very fact that the trustee's lawyer still claims to be a mediator proves that the trustee's position is still significantly different from that of the beneficiaries?


Asked on 8/13/15, 7:20 am

2 Answers from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Frankly, this appears to be a somewhat complex matter....and this may not be the appropriate place to get the answers you need. I suggest that you retain a qualified law firm to represent you. Unless you have an attorney pushing the trustee for answers, this matter may go unresolved for a long, long time. Eventually, your only option may be to go to court to get what you want [if the dispute has merit, there is a good chance the cost will be paid from the estate/trust].

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Answered on 8/13/15, 7:35 am
Miriam Jacobson Retired from practice of law

You cannot rely on a concensus or average of the answers on a site like this for legal advice. Consult a local experienced estates lawyer and stop posting questions here.

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Answered on 8/13/15, 10:26 am


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