Legal Question in Wills and Trusts in New Jersey

Re: how do you find details on a trust?

As Jon says, this is a tough question. You could sue the wife and broker to produce a copy of the document, if you cannot get it from another source. Since you do not know its exact terms, this could pose a risk as many of these trusts, as I draw them, allow for life estates to surviving spouses before the residual heirs inherit anything, and could also have and give the surviving spouse the right to change beneficiaries, limit the beneficiaries or outright disinherit the beneficiaries. Without seeing a copy of the document, to see what was written and what rights were given to the trustee and the surviving spouse, presuming she is a beneficiary, no answer can be provided. Do you know the attorney who prepared the document? He may be able to get you a copy. Do you know if any other family members are involved, as trustees or beneficiaries? Try contacting them to get a copy. If all else fails, take your chance and sue to get a copy. These are not public documents, so are not available at a Surrogate's office. Last possibility, since these trusts may not include all assets owned by the decedent, a Will may still need to be filed for probate. The Will, if submitted for probate, is a public document and you could see a copy at the Surrogate's office. It may contain information on the trust (typically a catch-all Will has provisions for assets not in the trust to pour-over to the trust as part of its provisions) or at least the attorney who may have prepared both documents. I would periodically check with the Surrogate's office to see if a Will has been probated, and, if so, check it for leads to information.

Re: how do you find details on a trust?

To answer your question, I really need to review a copy of the trust agreement. Do you know who is the trustee? Is there any way to get a copy of the trust? If it is irrevocable, its very posible that your aunt cannot change the trust terms. However, it's also possible that she may have a 'limited power of appointment' which would give her the power to change the trust beneficiaries. If that's the case, you may not even be entitled to a copy of the trust document, becasue you have no absolute right to the trust assets (because the aunt could disinherit you).

You should try to learn as much as you can about the trust terms (i.e. who is the trustee, is there a limited power of appointment, etc.). Once you know more, you will know where you stand.