Legal Question in Wills and Trusts in New Jersey
estate check
Hello,
My father passed away 5 years ago.He made provisions for his grandchildren.About 22,000 is to be divided amongest 4 children which they cannot touch until age 25.The executor never fullfilled his obligations. Five years later we are in are in court fighting for what rightfully belongs to the grandchildren.I am now trustee for my son.So far my child.. age 15, has received 3,000, which I put into a mutual fund. The other children are over 25 so they are able to use their share.There is more to come although his lawyer is trying to take his fees out of the trust money.
My questions are,at age 21 can my son legally use his share of
the trust even though the Will states he must be 25? Can the executor be responsible for our legal fees?
Sincerely,
--name removed--
1 Answer from Attorneys
Re: estate check
I cannot give an accurate answer without reading the terms of the Will, as they apply to your specific question. In general, trusts created under a Will allow funds to be used for a beneficiary before reaching the ultimate distribution date/age. If the language of the Will allows this, you may do so, although the uses may be limited. If there was some legitimate basis to sue the Executor and the Court agreed with you, the decision should have allowed your legal fees to be paid by the trust, or even by the Executor, if he acted improperly. Likewise, if he acted improperly, the Court can deny his application to have his attorney paid from the estate. I have not seen the pleadings so I do not what claims were made. I would be happy to review all documents if you get them to me. This is a reply to an Internet question and the response is not intended to be legal advice or to create an attorney-client relationship. Missing or omitted facts could result in a different reply.