Legal Question in Wills and Trusts in New Jersey

Re: Trust ''Declaration of intent''

I agree with Jon. It appears that, although this was a "dry trust" (a valid document exists but trust is not funded during the creator's lifetime), it may have been funded at death by the terms of the pour-over Will. I would need to see the language of the Will to confirm this. Presuming the trust and Will are valid and the language of the Will creates a valid "pour-over", the property would belong in the Trust and the trust terms would control its disposition. This also presumes the trust has become irrevocable upon its funding and the death of the creator. A full review of the documents is necessary. Also, since the Will pours over, the assets are subject to any federal or state estate and/or inheritance taxes, depending upon total asset value and the relationship of the recipients to the decedent. You may contact me directly if you need more information.

Re: Trust ''Declaration of intent''

I would need to review copies of the trust and the pour-over will. However, since you say there was a will, the person did not die intestate (without a will). Typically, if a living trust is not fully funded during lifetime, the pour-over will adds any other assets to the trust at death, so that the trust becomes the dispositive document (it acts like a will in distributing the assets).

My hunch is that was the intent here, but again, I would need to review the documents, which I would be happy to do if you would like to contact me.