Legal Question in Wills and Trusts in New Jersey

trust accounting

My 81 year old mother receives income from a trust. She is now confused and needs help with her finances. Her stepson is the trustee. The will was probated in NJ and the stepson lives in Mass.

She has never received and accounting from her stepson. They do not get along. Since my sister and I are now trying to manage her finances can we issue a letter of demand to the trustee for and accounting and does he have to respond within a period of time. Are there different laws in Mass and NJ

Thank you


Asked on 5/01/08, 6:36 am

2 Answers from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: trust accounting

If this is a NJ testamentary trust [i.e. a trust created under the Will of someone who died in NJ] then New Jersey law would apply and the Probate court in the county where the decedent's will was probated would have jurisdiction.

You should meet with a trust and estate attorney to review your options, including a court accounting. I am located in Summit, Union County.

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Answered on 5/01/08, 9:49 am
Bernard J. Berkowitz Berkowitz & Raiken

Re: trust accounting

If the will probated in New Jersey contains the trust, the court in New Jersey in the county where the will was probated has jurisdiction. If you do not already have, you should look into getting a power of attorney from your mother so you can legally act on her behalf to get an accounting. A letter from an attorney to the trustee should have more impact. If you want more help, call for an appointment.

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Answered on 5/01/08, 10:56 am


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