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?


Asked on 4/25/07, 9:54 am

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

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.

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Answered on 4/25/07, 11:21 am
Robert Davies The Davies Law Firm, P.A.

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.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 4/25/07, 12:05 pm


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