Legal Question in Wills and Trusts in New Jersey

Trust

My mom died when I was 12 and my dad died about 10 years ago. I am currently 26 years old and have a 23 year old brother. In my dad's will me and my brother were to share his inheritance.

My aunt has control of the trust and has supposedly bought stock with some of the money and the stock has lost money.

I have not received anything. What are my next steps to get my aunt to relinquish what is left in my trust.


Asked on 12/12/08, 4:21 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Trust

Not having seen the document itself, this is a hard question to answer. What are the provisions for use of the funds while the trust is active, and at what age(s) are the beneficiaries entitled to income and/or principal distributions. Many trusts defer actual termination and/or periodic distributions to later ages than you and/or your brother have attaiued. This needs to be checked. As a beneficiary, you are entitled to receive a copy of the trust and this should be requested from the trustee. Trusts can be restrictive on the types of permitted investments or can be very flexible. This needs to be looked at also. The trustee should be required to provide an accounting of the trust activities, and this should be requested also. If I could see a copy of the document, I can respond better. Contact me directly if you have any other questions.

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Answered on 12/12/08, 5:13 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Trust

You will need to obtain a copy of the trust and review it with a trust & estates attorney. You have several options, including bringing an action in court to force the trustee to provide you with an accounting and direct her to make any distributions that may be required under the terms of the trust. Without reviewing the terms of the trust, I can't help you [a copy of the trust should not be difficult to obtain].

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Answered on 12/12/08, 6:12 pm


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