Can I Compel a Trustee to Make Distributions of Income During the Winding Up of a Trust?

HNWUnderstanding When a Trust Should Be Used in NJ

The general answer is no, unless the trust agreements compels the trustee to make partial distributions during the winding up of the trust and before a final distribution to beneficiaries is made.  NJ case law is consistent that beneficiaries are not entitled to compel interim distributions from trust funds where the trust document does not expressly allow it.  A highly respected trustee devoted to the subject of trusts, states that questions of whether, and under what circumstances, and to what extent a beneficiary is entitled to receive trust income (and also to receive trust principal) depends upon the terms of the trust.  Compulsory distributions are limited by the terms of the trust.

To discuss your NJ trust matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at  Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.

By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County, NJ Trust Attorney

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