Legal Question in Wills and Trusts in New Jersey
In NJ, which court has jurisdiction over questions of whether a trust distribution is mandatory? If the amount in question is small, can a beneficiary file a complaint for breach of contract in Small Claims Court?
Asked on 10/07/15, 7:49 am
1 Answer from Attorneys
Ronald Cappuccio
Ronald J. Cappuccio, J.D., LL.M.(Tax)
The Superior Court of New Jersey, Chancery Division, Probate Part, has jurisdiction not the Small Claims Court. Prior to filing an action in court, the beneficiary should ask for an accounting and the copy of the latest trust income tax return. I suggest that you consult with a good tax and estate attorney. I hope this helps!
Ron Cappuccio
Answered on 10/07/15, 10:22 am
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