Legal Question in Wills and Trusts in New Jersey
family generation skipping trust
My parents passed away 5+6 years ago and had an estate worth about 6 million. After charitable bequests, gifts to relatives and friends and estate taxes paid (about $2.3 mil) the remiander was put in a generation skipping trust (worth 1.7 mil ) which their law firm set up and has adminitered by a trust company. The income from this trust goes to me and is about $38,000/yr while the trust co. fees are over $50,000! I'd like to know if there is any way to legally disolve the trust to stop the trust companies from benefitting more from this money than the family members. Between the fed and the banks -whose money is it anyway
3 Answers from Attorneys
Re: family generation skipping trust
Yes, there are some ways that this situation can be corrected. You need more than casual advice to do it. My suggestion is that you look in any of the lawyer directories on the Internet and locate several firms in your area that show more-than-ordinary competence in estate law. Lawguru does not have a specific breakout for wills, trusts, and estates, but lawyers.com does. Make some appointments and get some help. I know a good estate lawyer in the area and can get you connected if you need it.
Re: family generation skipping trust
It is hard to answer this without reading the terms of the trust. Fiduciary fees are set by statute. The fees you cite, if annual, seem larger than the statute provides. As a beneficiary you have the right to an accounting, to verify the legitimacy of these fees. Fees are both payable on income(6%) and corpus (the assets - usually about 1-1/2%) annually. Plus, there are probably professional fees for tax return preparation. It sounds like they are also charging investment fees for managing this account. This is one of the reasons I dislike corporate trustees. I suggest you contact the trustee, get an annual accounting and fee breakdown. Then I can review the numbers, if you send them to me, and provide more guidance.
Re: family generation skipping trust
Dear sir or madam:
Yes, there are steps you can take to protect your family's interests. Please contact my office at [email protected] or by phone to schedule a consultation.
Anthony S. Park