Legal Question in Wills and Trusts in New Jersey

As the beneficiary of a Trust, am I considered a �Real Party in Interest �to bring a law suit Pro Se

against a Township because they have harassed me by Selective Enforcement and placed me under Duress personally. The building inspector had me to come to the Township building where he had a Policeman with him , to tell me that he wasn�t going to re-inspect our rental property unless we can prove to him , how I am involved with the Trust ( As the property is in a Trust name) and show proof that I can give him permission to re-inspect the property so that we can get our CO to rent the property out. He had just done the initial inspection one week earlier where he failed us for minor issues. Then on the reinspection day he made wait almost 3 hours more after our appointment then to tell me to come to the municipal building where he had a police officer with him, and I asked The Officer why he was there and he said just to �Watch�.

So I brought suit and the Judge said that he would dismiss the case under 1:21 , because I can not bring the suit Pro Se with out an attorney , but I feel I should be able to , as the Duress was against me personally as I was the one there with the Policeman not the Trust. Plus, if I can�t get a CO to rent the property out then that has a direct bearing on me as the Beneficiary. No CO, NO Tenant, NO money.

Any help would be appreciated , a case that says I can , etc.


Asked on 11/02/12, 3:04 pm

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

I am not sure about the suit for duress, but as merely a beneficiary you have no authority to act for the trust, absent some specific power set forth in the trust agreement. Only the trustee, or the person given authority by the trustee (if the agreement permits this to be done) can act for the trust/owner. I was not present when you went to the Township, so I have no idea what happened when you could not verify any authority under the Trust. If you cannot act for the trust, you have no authority to undertake any action for the trust, even if the failure to act results in loss of income. You might need a Court Order to act, if the trustee cannot authorize you.

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Answered on 11/03/12, 2:18 pm


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