Legal Question in Wills and Trusts in New Jersey

If a beneficiary receives interest from a trust, but the will is probated is very late, are the funds retroactive to the donors death or only form the date ofb the probate ?


Asked on 5/23/16, 1:36 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Wills and trusts are usually separate documents, unless the trust is testamentary (formed under the Will). Answers to several questions are necessary to answer your question. Was this a testamentary trust or a separate document? When was interest earned - during decedent's lifetime or subsequently, or partially before and after death? Was the decedent the sole income beneficiary up to date of death. Does the trust permit sprinkling of income among beneficiaries?

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Answered on 5/24/16, 8:53 am


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