disclaimant
New Member
The trustee's lawyer agrees that the trust agreement mandates distributions to my children after my death, but he says that my disclaimer might not activate that clause because the grantor did not state this intention in the trust agreement. He arranged for a second lawyer to research the issue. I suspect there is no basis for this claim because the NJ disclaimer statutes seem to treat trusts exactly like estates. He says he knows that judges have ruled against beneficiaries in similar cases, but I couldn't find any cases of trustees challenging a disclaimer on the Rutgers site. I am concerned that the trustee may be wasting the trust assets on lawyer's fees. Is there any basis in NJ case law for our trustee's lawyer's claim? If not, how can I get him to concede quickly and cheaply?