Legal Question in Wills and Trusts in New Jersey

Typically, when a lawsuit is filed by the plantiff, does their lawyer get to file the complaint in the jurisdiction of his or her choice and how likely is it that the defendant can have it moved to another jurisdiction? We are not talking about a juried court case where the defendant would get a fairer decision (such as in a murder trial). We are talking about a trust violation with removal of a trustee (defendant) as an end judge's verdict.

Asked on 12/10/20, 8:37 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Suit is started where plaintiff is located although there are locations where specific cases must be brought- eg if real property involved suit must be in county where property is located

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Answered on 12/10/20, 9:06 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

If this case involves a Testamentary Trust [i.e. a Trust established under a Will] then the jurisdiction will be in the Chancery Court in the County where the Will was probated.

If this is a non-Testamentary Trust, jurisdiction will likely be where the Trustee resides or where the property is located [real estate].

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Answered on 12/11/20, 8:01 am

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