Legal Question in Wills and Trusts in New Jersey

Can age of receipient be changed?

I have an 18 yr. old friend who's father passed a few years ago. He appointed his sister in charge of all financial aspects of the children. Since his death, the family has shunned her and refuses to assist her with anything. They even have her car, claiming that it is not hers. She recently came into a domestic dispute with her brothers with whom she resides. She is afraid of the consequences she may endure by filing a complaint against them, and is now living with her father's former fiance. My question is, is there any way that she could legally obtain whatever was left behind to her even though the will states that she must be 21. The child has no place to go, no car, and is scared and extremely confused. She would like to be done with being set on the backburner and move on with her life, as independently as possible.


Asked on 6/11/06, 11:09 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Can age of receipient be changed?

If the Will provided that she must be 21 to receive the estate, she cannot change the provisions of the Will. However, if the trustee has acted improperly, has failed and refused to provide an accounting, or any other information, she can bring a suit against the trustee in the probate court, for the accounting and charge the trustee with any improper action. If she is right, she may also seek to have the successor trustee appointed (if one was named in the Will) or someone appointed by the court as a replacement. Of course, without seeing the actual Will or reading its terms and provisions, more specific answers cannot be given. A copy of the Will, if she does not have one, can be obtained from the Surrogate, and this may provide more information to properly direct you how to proceed.

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Answered on 6/11/06, 1:15 pm


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