Rubenstein v. Estate of Rubenstein, 2016 N.J. Super. Unpub. LEXIS 2119 (App. Div. Sept. 21, 2016). Plaintiffs were the decedent’s former wife and his two children.  They alleged that the decedent intentionally and wrongfully rendered his estate insolvent through inter vivos transfers to the individually named defendants and that those defendants cooperated with his plan. […]

Soskina v. Estate of Turyan, New Jersey Superior Court App. Div., Docket No. A-3116-14T3 (Oct. 3, 2016). Inna Soskina filed a complaint against the Estate of Alexander Turyan seeking palimony and other monetary relief.  The complaint named the decedent’s brother, Edward, and decedent’s daughter, Anna as co-executors of the estate. After a twenty-four day bench […]

In the Matter of the Estate of Nella Tornaben, New Jersey Superior Court, App. Div., Docket No. A-5181-14T4 (Sept. 27, 2016). On June 28, 2013, the surrogate of Essex County admitted the December 7, 2011, will of decedent Nella Tornaben to probate.  The surrogate issued Letters of Testamentary to Nella’s nephew and her accountant who […]

The Massachusetts case, Pfannenstiehl v Pfannenstiehl, 475 Mass. 105 (Aug. 4, 2016), brought national attention to the issue of whether distributions of trust income, principal, or both may be included in the parties’ divisible marital estate. In this case, Curt and Diane Pfannenstiehl were married for ten and a half years and had two children.  […]

On January 19, 2016,  the New Jersey Legislature passed, and Governor Christie signed into law, the New Jersey Uniform Trust Code (“NJ UTC”).  The new statute became effective as of July 17, 2016, and it is in Chapter 31 of Title 3B of the New Jersey statutes. Although the NJ UTC became effective on July […]

A. NJ UTC N.J.S.A. § 3B:31-8 of the NJ UTC initially states that a designation of the principal place of administration in the terms of the trust will be upheld so long as “(1) a trustee maintains a place of business located in or a trustee is a resident of the designated jurisdiction; or (2) […]

So-called “secret trusts” – also called “silent” or “quiet” trusts — are controversial in other jurisdictions.  The NJ UTC provides a compromise as to this concept, although the statute does not expressly provide for this kind of trust like statutes in other states do, such as Delaware.  12 Del. C. §§ 3303, 3339. In particular, […]

Under the NJ UTC, special needs trusts will not change in any extreme way.  However, some direction with regard to rights of creditors and the repayment of government benefits has been provided. Special needs trusts, also known as OBRA ‘93 Trusts, as defined in Subsection A of Section 3 of P.L. 2000, c.96 (C.3B:11-37), is […]

This concept is not as grounded in New Jersey law as it is in other jurisdictions.  Essentially, a directed trustee can be told to make certain investment decisions or distributions, or to take other actions in the administration of the trust.  A trust can allow a trustee to follow the direction of a third party.  […]

D. The Duty to Disclose Section 813 of the model UTC is among the most controversial provisions.  It is adopted in N.J.S.A. § 3B: 31-67.  Both the model and New Jersey versions deal with the trustee’s duties of disclosure.  The basic concept is not controversial; the level of disclosure is.  See generally Kevin D. Millard, […]