Legal Question in Wills and Trusts in New Jersey
Trust
My wifes uncle died quite a fiew years ago. He claimed that my wife and hersister are the recipients of the trust. He was a broker and apparently had millions. My wifes uncle's wife does not denie the fact but is the executor and will not discuss any of the details of the trust. Is there any way we can find out why she is not releasing the funds and what are the details of the trust?
2 Answers from Attorneys
Re: Trust
If the trust was established in the uncle's will, you should be able to obtain a copy from the Surrogate in the County where he died.
If the trust was a separate document (inter-vivos trust) then obtaining a copy can be more difficult. If your wife is named as a beneficiary, she is entitled to information concerning the trust including the specific terms of the trust. She may also have the right to compel the trustee to account in court which would provide her with complete financial records for the trust.
Re: Trust
I have read what the other attorney wrote, and it is substantially correct.
This kind of dispute is always difficult, because there is family involved; there is no good reason, of course, for your wife's uncle's wife to refuse to give copies of the trust document and to discuss, if your wife is a beneficiary.
Often, a clear but courteous letter from me will get a response from an unreasonable executor. If more assistance is needed, I would be able to assist with that. However, it is always worthwhile to first have an attorney ask nicely for the information that you seek.
If you would like me to assist, please call my office. I am in Hackensack. A half hour consultation will be $75.00. You can then decide how you would like to proceed.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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