Legal Question in Real Estate Law in New Jersey

I am the beneficiary of an irrevocable trust in which the trustee never informed me about nor carried out the fiduciary duties. The trust property is in the hands of 2 other owners and I would like to file a partition action to aquire my share as stipulated in the trust which is 25% of the $600,000 real estate property.


Asked on 7/31/16, 6:23 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

I do not believe that a Partition action is correct. Traditionally, Partition is brought not just to establish an ownership interest but to either require that your interest be bought out, or to compel the sale of the property. I suggest you consider a suit to compel the trustee to acknowledge your interest in the property and to compel that you be continually advised of what is happening with the property and for an annual accounting of its operation.

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Answered on 8/01/16, 2:00 pm


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