New Jersey Trust Attorney
Find out if a trust-based estate plan is right for you and your family.
New Jersey Trust Planning FAQ
A trust attorney has expertise in creating, managing, and administering trusts. They offer a range of services including drafting trust documents, advising on trust administration, providing legal counsel on estate planning matters, and ensuring compliance with relevant laws and regulations.
Trusts offer several benefits such as avoiding probate, maintaining privacy, providing for the management of assets in case of incapacity, minimizing estate taxes, and controlling the distribution of assets according to your wishes. A trust attorney can help you understand how a trust aligns with your specific financial and familial circumstances.
There are various types of trusts including revocable living trusts, irrevocable trusts, testamentary trusts, special needs trusts, and more. The right type of trust for you depends on your goals, financial situation, and family dynamics. A trust attorney can assess your individual needs and recommend the most suitable trust structure.
When selecting a trust attorney, consider their experience, expertise in trust law, reputation, and compatibility with your communication style. Look for attorneys who focus their practice on trusts and estate planning and who have a track record of providing personalized and reliable service to their clients.
The process of creating a trust typically involves an initial consultation with the trust attorney to discuss your goals and circumstances. The attorney will then draft the trust document tailored to your specifications. Once the document is finalized, you’ll need to fund the trust by transferring assets into it. The attorney will guide you through each step of the process and ensure that the trust is properly executed and legally valid.
Yes, many trusts are revocable, meaning you can amend or revoke them at any time during your lifetime. Irrevocable trusts, on the other hand, may have more limitations on making changes. Your trust attorney can advise you on the options available for modifying your trust and assist you in updating it as needed.
If you become incapacitated, the successor trustee named in your trust document will step in to manage the trust assets according to your instructions. In the event of your death, the trust assets will be distributed to your beneficiaries according to the terms outlined in the trust document, without the need for probate.
The cost of hiring a trust attorney varies depending on factors such as the complexity of your estate, the type of trust you’re establishing, and the attorney’s fee structure. Some attorneys charge an hourly rate, while others may offer flat fees for specific services. During your initial consultation, the attorney can provide you with an estimate of the costs involved.
While a will is an important estate planning document, it may not provide all the benefits that a trust can offer. Unlike a will, a trust allows you to bypass probate, maintain privacy, and provide ongoing management of assets in case of incapacity. A trust attorney can evaluate your situation and help you determine whether a trust is necessary in addition to a will.
It’s advisable to review your trust periodically, especially after significant life events such as marriage, divorce, birth of a child, or changes in financial circumstances. Additionally, changes in tax laws or regulations may warrant a review of your trust to ensure it remains compliant and aligned with your goals. Your trust attorney can advise you on the appropriate timing for reviews and updates.