Legal Question in Wills and Trusts in New Jersey

Three lawyers have already looked over a will, trust agreement, and my disclaimer on my share which the will pours into trust. All agree that after my death, the trust agreement mandates distributions to my children, that my disclaimer was filed by the surrogate and I am no longer a beneficiary. The trustee's lawyer says he can prevent mandatory distributions by claiming that a disclaimer does not automatically activate the clause in the trust specifying what happens after the death of the beneficiary unless the grantor stated this intention in the trust agreement, and he says he knows that judges have ruled against beneficiaries in similar cases. I find it hard to believe that many trustees would bother making a case against beneficiaries. Is there any basis in NJ statutes or in case law for for the trustee's claim? If not, is there a way to prevent a trustee from making a spurious case?


Asked on 5/10/15, 7:44 am

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

I answered this question previously. If you could send me the documents and trustee information (name, address and telephone #), I would like to speak with him. I have not seen the documents, but it seems that the trustee is acting arbitrarily and just might be trying to milk the estate for more fees. After I review the documents (no charge) and contact the trustee, it might require a court order to compel the trustee to honor the disclaimer and its effect. This might, but no guarantee, be done where your costs could be recouped from the trust if the court, on application, finds the trustee acted improperly..

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Answered on 5/10/15, 11:20 am


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