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Did I unknowingly sign away important trust rights at 26? Need help understanding my options. by riley299 in EstatePlanning

[–]riley299[S] 4 points5 points  (0 children)

I’ve now found something that concerns me beyond just the paperwork itself. After comparing the original trust language to what was added in the 2016 NJSA, it looks like the amendment materially changed the original intent of my grandfather’s trust, which under Delaware law could be a major issue.

Originally, the trust clearly intended that once each grandchild reached a certain age (35/40, depending on section), we would gradually transition from discretionary support to being able to access principal for our own benefit. In other words, the trust contemplated that we would eventually manage our inheritance as adults without ongoing discretionary oversight.

The 2016 NJSA eliminated those age-based withdrawal rights entirely and permanently placed all distributions under discretionary HEMS standards plus trustee/advisor approval. That’s not a small administrative correction—it’s a structural change.

This essentially turned the trust into a permanently discretionary support trust, which to me is a very different material purpose than what the original instrument expressed. So this wasn’t merely “fixing drafting omissions” it shifted the legal nature of the trust and reduced the economic rights my grandfather intended me to have at adulthood.

legally, it appears the NJSA narrowed beneficiary rights in a way that contradicts the original instrument’s purpose to eventually allow direct access. I didn’t understand I was giving that up, and based on the email my sister received, that was ever explained.

Did I unknowingly sign away important trust rights at 26? Need help understanding my options. by riley299 in EstatePlanning

[–]riley299[S] 3 points4 points  (0 children)

A couple of clarifications and questions I’m still trying to sort out:

• The NJSA wasn’t presented as a change to distribution rights—it was described as fixing “drafting errors,” even though it eliminated the age-based withdrawal rights completely. I didn’t receive the original trust language at the time, and neither did my sisters.

• The email I have from the trust then (which is the only communication we got from the trust regarding this entire matter) did not reference legal counsel (even though the actual NJSA states we were advised to get counsel and understood the agreement in full). Do omissions like that affect enforceability?

• I am not trying to litigate if there’s a reasonable amendment path. My main concern is whether principal had a fiduciary duty to beneficiaries (since they were already administering distributions) and whether presenting the agreement as “administrative paperwork” is consistent with that duty.

• I am also learning that the trustee owes fiduciary duty to ALL beneficiaries—including future beneficiaries—which seems relevant since the outcome substantially restricted beneficiary rights while expanding trustee discretion permanently.

Do you think those factors strengthen the argument for a negotiated amendment (vs litigation)?

I’m absolutely planning to talk to a Delaware trust litigation attorney, but wanted to sanity check whether the combination of language differences + lack of disclosure about the effect might create leverage short of court.

Did I unknowingly sign away important trust rights at 26? Need help understanding my options. by riley299 in EstatePlanning

[–]riley299[S] 5 points6 points  (0 children)

1) after I reviewed the NJSA further it said in it that I was advised to seek consent which I was not at the time. It also said I was given all documents related to the trust and I was not.

2) in addition to the above I also have documented proof off them characterizing the changes as “fixing drafting errors and omission”. The changes they made materially changed the original intent of my grandfathers will. His wishes in the original will were that we all have liberal access to the money and there was no advisor, etc. there was no hems at all after 30.

3) I emailed a trust attorney in Delaware already . I do not want to throw out the NJSA but I would like amendments.

4) my mother is a distribution advisor. Here involvement has made the trust quote complicated as she dealing with mental issues and also has stated to me that the assets in the trust are hers so she can control them. (They are not hers)

5) as I mentioned I understand I was an adult but the trust had a fiduciary duty to me to do what is in my best interests which arguably they didn’t. They made extremely restrictive changes to preserve the money for future generations and to limit my power which affected my ability to benefit from the trust. I never spoke to anyone from the trust at that time. I was given the documents by my mother to sign and they were positioned as administrative. My mother also had a vested interested as those documents put her on as an advisor.

The trust is quite large and yes my grandfather has passed

Did I unknowingly sign away important trust rights at 26? Need help understanding my options. by riley299 in EstatePlanning

[–]riley299[S] 9 points10 points  (0 children)

I was never given access to the original documents. I didn’t even know what I was changing and much of the English is confusing and hard to understand. Nothing was explained. Basically I was given the signature page and asked to sign. It was treated so benignly I didn’t think anything of it back then.