New Jersey § 3b:12-54

Full text of New Jersey New Jersey Statutes § 3b:12-54, with citation guidance and answers to common questions.

§ 3b:12-54.

In the event that any part of an intestate estate passes to the decedent's issue pursuant

to N.J.S.3B:5-4 , and if any such issue shall not have attained the age of 18 at the time such part

of the intestate estate would pass to such issue, such part may pass as follows: a. The parent or guardian of such issue or any other individual with standing may

apply to the Superior Court, Chancery Division, Probate Part in the county in which

the decedent was domiciled for permission to place all, or any part, of the funds

passing to such issue in a separate trust for the exclusive benefit of such issue. b. The terms of the trust may provide as follows: (1) The trust assets and the income therefrom shall be used for the exclusive benefit

of the beneficiary, including but not limited to the beneficiary's health, support,

maintenance and education, including college and post-graduate work, in the discretion

of the trustees; (2) The beneficiary shall have the right to request distributions of trust principal

as follows: one-third of the principal after attaining the age of 25 years, one-half

of the then balance after attaining the age of 30 years, and all of the then balance

after attaining the age of 35 years; or at such other ages as the court, in its discretion,

shall determine; (3) Should the beneficiary die prior to the termination of the trust, the remaining

trust principal and accrued income shall be distributed to the beneficiary's estate; (4) Two individual trustees, or one corporate trustee, or a combination thereof, shall

serve at all times, with or without bond, as the court shall determine in its discretion;

and (5) Such other terms and conditions of the trust as the court shall determine in its

discretion. c. In ruling on such an application, the court: (1) may allow any award from the federal “September 11th Victim Compensation Fund

of 2001” to be the subject of a trust created pursuant to this section or be included

in such a trust, regardless of whether such an award is found to pass to a minor issue

of the decedent pursuant to N.J.S.3B:5-4 or otherwise; and (2) shall consider all relevant factors, including but not limited to the amount of

money involved, the availability of other resources for current maintenance and support,

the stability of the entity offering an investment covered by the application, income

tax consequences, any special needs or vulnerabilities of the minor and the financial

and psychological consequences of putting all or a substantial part of the minor's

estate out of reach for a long period of time. d. The court shall retain jurisdiction of the trust until its termination. The beneficiary's parent, guardian, trustee or other individual with standing, including

the beneficiary if he or she has attained the age of 18 years, may apply to the court

at any time for modifications to the terms of the trust. Modifications may be made in the court's discretion.

Frequently Asked Questions About New Jersey § 3b:12-54

What does New Jersey Statutes § 3b:12-54 cover?

Section 3b:12-54 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Jersey § 3b:12-54?

A common citation format is "New Jersey Statutes § 3b:12-54" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Jersey law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.

How does New Jersey § 3b:12-54 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.