Legal Question in Wills and Trusts in New Jersey

The lawyer for the estate told the executor/trustee that my disclaimer requires him to make distributions to my children so he hired lawyer #2 to try to find a way around this. Four weeks have gone by since lawyer #2 started researching whether the trustee has a case, but the trustee says he is still waiting for an answer. Does this delay imply that lawyer #2 was unable to find any support for the case?


Asked on 5/25/15, 9:43 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Perhaps. There could be many answers for the delay - not finding precedent may be only one. If he responds that there can be a delay, you might be able to refute his findings. If you could send me a copy of the governing document (Will or Trust Agreement) I can review it and provide an answer at no charge.

Read more
Answered on 5/25/15, 11:53 am
Miriam Jacobson Retired from practice of law

It sounds like someone is costing the estate lots of lawyers fees. Those fees could land on whoever is causing them. If it's you, you should definitely be seeking a lawyer to advise you rather than posting questions to an on-line board, because you may end up being assessed the legal fees of the estate and the trust! I am NOT that lawyer, because I do not handle any litigation, and that's where you are headed.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 5/26/15, 6:21 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Jersey