Legal Question in Wills and Trusts in New Jersey
As the Beneficiary (100%) of a Trust, am I considered a �Real Party in Interest �to bring a law suit Pro Se ? I am also the Trust Protector with full powers (fully mentioned in the Trust to much for here ) ." As the Beneficiary , of the entire beneficial Interest hereunder, with full Power to Protect, assign or to deal with all of the rights and interests of the beneficial interest"
With this specific authority retained by me(Beneficiary) can I act Pro Se? or does the "Trustee" or "Trust Protector" have to specifically state that the Beneficiary has these powers?
By way of background, this what happened, why I ask:
The Township has harassed me by Selective Enforcement and placed me under Duress personally. The new 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. ( We never had a problem in the past 6 years) 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 cannot bring the suit Pro Se without 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.
I cannot find any law that says the beneficiary personally cannot act Pro SE.
Any help would be appreciated , a case that says I can , etc.
2 Answers from Attorneys
Yours is a complicated situation - being a beneficiary, and trust Protector. Why have you been doing this on your own instead of engaging a lawyer to sort out your rights and what you can or cannot do?
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
Miriam appears correct, although you might have certain rights as a true "party in interest" under the following definition: "real party in interest" n. the person or entity who will benefit from a lawsuit or petition even though the plaintiff (the person filing the suit) is someone else, often called a "nominal" plaintiff. Example: a trustee files a suit against a person who damaged a building owned by the trust; the real party in the interest is the beneficiary of the trust. However, I am unable at this time (power down) to possibly find any NJ case you could cite. I have not seen the trust agreement language appointing you as the "trust protector" and what rights or authority you may have been given, so I do not opine as to your authority to act as the trustee, for the trust, the nominal owner of the property under the facts presented. This is a reply to an Internet question and the response is set forth for informational purposes only and is not intended to be legal advice or as creating an attorney-client relationship. Different or unstated facts might change the reply.
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