Disposition of assets in a trust should be governed by that trust.
then it seems reasonable to expect that the payment would be made to the trust, said Steven Holt, an attorney and chair of the taxation, trusts and estates department at Mandelbaum Salsburg in Roseland.
However, he said, the agreements and other governing instruments of the community may provide for different rules and procedures.only the personal representative designated in the will can act on behalf of the estate. “But again, the party that needs to do the right thing is the community and either it apparently does not understand the concept of the trust ownership or it has rules that require the appointment of a personal representative in New Jersey,” Holt said. “The solution here is to reach out to the community and have them explain why they are asking for this and alert them to the fact that the unit is held in a trust.
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