Legal Question in Wills and Trusts in New Jersey

in trust for account

My brother-in-law set up a bank account in trust for my husband. My husband died 3 months before my brother-in-law. Does the money go back to my brother-in-law's estate or am I entitled to it as beneficiary of my husband's estate?


Asked on 3/08/07, 1:12 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: in trust for account

Unfortunately, if the account was merely in a bank account, in your brother-in-law's name in-trust-for your husband, your husband was only entitled to the account proceeds if he survived his brother. By passing first, ownership stays with your BIL. This is similar to a "pay on death" registration, which only passes to the named person if he/she survives the account creator. On the other hand, if this was not merely an account registration, but was part of an actual trust arrangement (trust agreement and trust registration, with your BIL as the trustee), you would need to see the creation document to see what happens if the beneficiary predeceases the maker of the trust. More information is needed for an accurate reply.

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Answered on 3/09/07, 4:16 pm


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