Legal Question in Wills and Trusts in New Jersey

I would like to include my life insurance in an irrevocable trust. My beneficiaries are my girlfriend and my daughter. However my attorney who creates my trust, has wrote in a trust 's draft that my trustee is a beneficiary of my life insurance. I do not like this expression. I want him to rewrite it differently, although he assured me that a trustee cannot use it for himself. What expressions would be the most acceptable for that according to you?


Asked on 8/22/11, 8:10 pm

2 Answers from Attorneys

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

The beneficiary, and more importantly, the Owner, of the life insurance policy, should be the Irrevocable Insurance Trust.

The terms of the trust [i.e. the actual beneficiaries] are spelled out in the trust agreement as you determine.

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Answered on 8/23/11, 6:19 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Jon as to the Trust being both Owner and Beneficiary of the policy, and the trust document spelling out the terms. I understand who are the ultimate beneficiaries, but you do not say who is/are the trustees and how the policy proceeds are to be allocated. I usually provide that if a trustee is also a beneficiary, that there be 2 trustees - sort of like checks and balances that the trust terms are carried out as specified. Terms of the trust cannot be changed or are any policy changes made, unless both trustees agree. A simple reading of the agreement would indicate a trustee is also a beneficiary, so this need not be spelled out. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 8/23/11, 9:33 am


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