Legal Question in Wills and Trusts in New Jersey
trusts
Hello. Iknow my mother is hiding a trust account from my late fathers estate because of many slips from the mouth.I have already tried probate court and there is no will etc. listed.I do not want to have to petition here to court to produce it especially if i might be wrong.Do law firms or etc. have to file these papers with the nj bar assoc. or some other organization, and if so would they give me some info. with proof of identification? Thanks Diane
2 Answers from Attorneys
Re: trusts
Law firms do not file trust agreements with the court or any other organization you mention.
If the trust was not created in your father's will, then it would be a private trust, and no copies of it would be on file anywhere. The law firm that drafted the trust may be able to help you, but will probably be reluctant to provide you with a copy of the trust unless the trustee approves this. If you are indeed a beneficiary, the trustee would be required to provide you with information about the trust (trust terms, $ value, etc.). If the trustee refuses, you could file a complaint with the probate court.
Once the complaint is filed (I'm assuming your mother is the trustee) you can subpoena all her bank/brokerage records to prove the existance of the trust, then demand a copy of the trust and if appropriate, move to have the trustee replaced.
Re: trusts
Jon is correct, that trusts created during one's lifetime are private and are not subject to probate. So any document is not a public record. If you know who your father's attorney was, you might contact him/her and see if you can get any information. You would only be entitled to information if you have an interest in the trust. Worst case, you would need to sue her to get her to produce documents, if any exist. If you have an interest in any trust, you can make the trustee account for all that has happened since it was created. This is a response to an Internet question and the reply is not intended to be legal advice or create anh attorney-client relationship.