Legal Question in Wills and Trusts in New Jersey

I disclaimed my interest in my mother's NJ estate and in the inter-vivos trust into which it is to be poured. All of the trustee's lawyers agree with me that the trust document provides for mandatory distributions to my children after my death, and they also agree with me that the Surrogate's acceptance of my disclaimer removed me from the category of a beneficiary. The only thing we disagree about is what the law of the State of New Jersey requires a trustee to do when a trust beneficiary disclaims. The trustee's lawyer says he can bring witnesses that the grantor had an ideological opposition to my lifestyle (which my children subsequently adopted) and for this reason she would object to their receiving any distributions in my lifetime. I don't see any basis for this in 3B:9-8 Effect of Disclaimer. Could a judge possibly accept the trustee's claim, or is he bluffing?


Asked on 5/20/15, 7:13 am

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

Unless there is something specific in the document about this, the Trustee seems to have an uphill battle to prove this. I have not seen the document and any provisions it may have covering this. The effect of the Disclaimer is to treat the matter as if you predeceased your mother, and unless the document says something, your children step into your shoes. If possible, get me a copy of the documents and I can review them at no charge.

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Answered on 5/20/15, 7:31 am


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