My brother-in-law's Will created a Trust where the assets, principle and/or income, (at sole discretion of trustee) should be distributed "as necessary or desirable for the support of . " (This is the entirety of the instruction for managing the Trust!) Where can I find NJ law and legal precedents that might clarify what this vague language could legally encompass? The trustee seems to want to distribute almost nothing to the beneficiary.Thanks very much!
Country relating to Question: United States
State (if USA): New Jersey
Talked informally with a NJ attorney and to the trustee. Trustee contends it's their responsibility to maintain the principle for the Trust's remaindermen and they appear to want to distribute bare minimum to beneficiary in consideration of her other resources.
Checking online, I find statements that perhaps beneficiary's other resources are irrelevant and that the definition of "support" can vary widely at the discretion of the trustee (without liability to trustee).
Hello and thank you for choosing JustAnswer!First, I must say that the beneficiary's "other resources" are relevant when trust language is vague like this. Second, according to the language of the trust, distributions are made "at sole discretion of trustee" and you are going to have a very difficult time forcing the trustee's hand to make a distribution based upon this language. The resources you would spend on an attorney would not likely be rewarded by an action against the trustee, from what you have told me.Having said that, you may use the following website to conduct research through case law:http://www.findlaw.com/cacases/I hope this has helped. Please let me know if you need me to further clarify my answer and I will do my best to so clarify.Thank you,Robert
I am a licensed Attorney.
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