Legal Question in Wills and Trusts in New Jersey

My mother left my sister money in a will and instructed me (executor and trustee) to put it in a trust (testamentary) which I did. Who signs the refunding bond?


Asked on 3/20/12, 10:18 am

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

The trustee recieves the assets, so the trustee signs the refunding bond.

However, since you are in a conflict position [you are both executor and trustee]...your sister could later complain that the trustee should have objected to something the executor did. To counter that potential claim, you could, as executor, have both your sister and the trustee approve an estate accounting, or if she will not agree to that, you can file your accounting in court and seek judicial approval.

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Answered on 3/20/12, 12:45 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with Jon, as this is best appraoch, although having your sister also sign the Refunding Bond as beneficiary of the trust, along with you as trustee, could also accomplish the same result.

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Answered on 3/20/12, 1:25 pm


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