Experienced New Jersey Living Trust Attorney
A living trust ensures that your assets will be distributed according to your wishes and makes the situation as stress-free as possible for your heirs.
It is not only the elderly or the wealthy who need to think about asset management in New Jersey. If you have significant assets, you should have a plan for how they will be managed now and passed on later. For many people, a revocable living trust is a smart way to do that.
A living trust can be part of a simple, solid estate plan. You keep access to your assets while you are alive. After you pass, your loved ones can access what you left for them with fewer delays and less stress. You stay in control. Your wishes are clear.
At the Matus Law Group, estate planning attorney Christine Matus and our team of New Jersey living trust attorneys can create a revocable living trust tailored to you. We listen, map out your goals, and build documents that fit your life and your family. Our offices are conveniently located in Ocean County, New Jersey, and Monmouth County, New Jersey.
To schedule a consultation with the Matus Law Group to process a trust, call us at (732) 281-0060.
Estate Planning in New Jersey
In today’s world, it is more important than ever to plan for the future. That is why at the Matus Law Group in New Jersey, we have dedicated our firm to asset management and estate planning for families just like yours.
Whether you want to leave a lasting legacy for your heirs or want to save your family the hassle of probate after you are gone, placing your assets in a living trust can offer you peace of mind and a hassle-free process for your family. At the Matus Law Group, estate planning attorney Christine Matus and our skilled team of New Jersey trust lawyers have been committed to families and their futures for over two decades.
To schedule an appointment with the Matus Law Group to process a trust, call us at (732) 281-0060.
We Are Here To Help
Attorney Christine Matus (a special needs parent herself) and the entire team at Matus Law Group are here to help protect your family’s future today
Call now to make an appointment and discuss special needs planning (732) 281-0060.
Why a Revocable Living Trust?
A revocable living trust allows you, as the grantor and trustee, complete control of your assets during your lifetime. In addition, you can name a trusted successor trustee to immediately step in upon your death or incapacitation. This individual will manage your assets in a definable way should you become incapacitated and will distribute your assets according to the terms of the trust upon your death. In the meantime, your beneficiaries aren’t subject to the cost and delays of probate court.
How Revocable Living Trusts Work
A living trust is prepared during your lifetime to ensure that you have access to assets while you are alive. The trust is funded with your assets, and you can act as trustee of the trust. In most cases, the majority of your assets will be placed in the trust. After funding, the trust owns the assets you retitle to it. In practice, some assets may remain outside the trust, so a pour-over will can catch and transfer those at death. Fully funding the trust is what makes probate avoidance work.
Upon your death or incapacitation, your successor trustee will take over the management of the assets or distribute them to your beneficiaries. Because it is revocable, you have the right to change it at any time or dissolve it entirely.
If you have questions, estate planning attorney Christine Matus and the experienced New Jersey trust lawyers at the Matus Law Group are here to help. When you work with us, you get a skilled team of professionals who are committed to the safety of your future as well as your loved ones.
To schedule a confidential consultation with the Matus Law Group to process a trust, call us today at (732) 281-0060.
Step‑by‑Step Guide to Creating a Living Trust in New Jersey
Here is a clear, step-by-step way to set up your living trust in New Jersey.
- Choose the trust type. Most people pick a revocable living trust that you can change or cancel during your lifetime. If you don’t reserve that power, it’s generally irrevocable.
- List your assets and goals. Decide what you want to protect, who should receive it, and any conditions.
- Name your trustee and a backup. You can serve as the initial trustee and keep control while you are alive and well.
- Draft the trust agreement. An attorney will tailor the terms to New Jersey law, your family, and your assets, and align it with your will and account beneficiary designations.
- Sign and notarize. Proper execution helps banks, title companies, and agencies accept the document without delay.
- Fund the trust. Retitle financial accounts, assign personal property, and record new deeds for New Jersey real estate so the trust actually owns the assets. Funding is what makes probate avoidance work.
- Add a pour-over will. This catches anything left outside the trust and directs it into the trust at death. The will still goes through probate, but fewer assets pass that way.
- Maintain and mind taxes. Keep records, update after life events, and, for trusts with taxable income, file returns when required. In New Jersey, a fiduciary return is generally required if a resident trust has more than $10,000 of gross income. Note that New Jersey has an inheritance tax based on who inherits, which a living trust does not erase.
A New Jersey living trust attorney can assist with drafting and customizing terms, preparing and recording deeds, coordinating beneficiary forms, aligning your will, and giving practical funding and compliance guidance so everything works as planned.
| Step | Key Details / Notes | Legal / Tax Insight |
|---|---|---|
| Choose the trust type | Most people use a revocable living trust so they can amend or revoke it during their lifetime | A revocable trust does not remove assets from the taxable estate because the creator keeps ownership rights |
| List your assets and goals | List real estate, bank accounts, retirement funds, business interests, and personal property | Decide who will receive each asset and under what conditions |
| Name your trustee and a backup | You can act as your own trustee and name a successor | The trustee must follow fiduciary duties under New Jersey law |
| Draft the trust agreement | An attorney prepares the terms and ensures they align with your estate plan | The agreement should coordinate with your will and beneficiary designations |
| Sign and notarize | Proper execution makes it easier for banks and agencies to accept the document | Some asset transfers and property deeds must be notarized or recorded |
| Fund the trust | Retitle accounts, transfer ownership of assets, and record new deeds for New Jersey real estate | The trust only works if assets are correctly titled in its name |
| Add a pour-over will | A will that transfers remaining assets into the trust | The will still goes through probate but fewer assets pass that way |
| Maintain and mind taxes | Keep records and update the trust after major life changes | A fiduciary return is required if a resident trust has more than $10,000 of gross income. New Jersey no longer has a state estate tax, but inheritance tax applies based on who inherits |
What Property or Assets Can You Place in New Jersey Trusts?
Most non-retirement assets can be titled in a living trust, including:
- Your primary residence
- Investment Properties
- Bank accounts
- Stocks
- Bonds
- Businesses
- Insurance policies
- Cash
Do not retitle IRAs or employer retirement plans into your revocable trust during your lifetime. Federal rules treat IRAs as individual accounts. Instead, you can name the trust as a beneficiary if appropriate.
Assets must be transferred to the trust through the proper channels. So, for instance, any real property must be deeded into the trust’s name and properly filed. Other accounts must follow legal protocol to be transferred into the trust’s name to be controlled by the trust. Any assets acquired after the trust is created will also have to be added to the trust.
How Can Assets Be Distributed to Your Beneficiaries?
After you pass away, the successor trustee will distribute assets in accordance with the terms of the trust. There are three primary ways that you can pass assets to your beneficiaries.
- As outright distributions: You can opt to give assets directly to beneficiaries without restriction.
- As staggering distributions: You can opt to give assets over time as staggered payments or upon triggering events.
- As discretionary distributions: You can allow the trustee to determine when the beneficiary receives assets from the trust. Some examples of these types of trusts are spendthrift trusts or special needs trusts.
Your beneficiaries are likewise protected under the terms of the trust. Whether they receive specific assets outright or they receive income or discretionary funds, you, as the grantor, can set up the terms of the trust to best accommodate or protect your beneficiaries. If a beneficiary dies before, during, or after the trust is created, the document can make provisions for that. At the Matus Law Group, revocable trust attorney Christine Matus and our team of New Jersey estate planning lawyers can tailor your trust to you and your beneficiaries’ specific needs and circumstances.
To schedule a private consultation with the Matus Law Group to process a trust, call us at (732) 281-0060.
New Jersey Living Trust Attorney - The Matus Law Group
Christine Matus
With three decades of experience, Christine Matus helps New Jersey families safeguard what matters most through thoughtfully designed living trusts and comprehensive estate plans. Admitted to the New Jersey Bar and the U.S. District Court for New Jersey in 1995, she earned her J.D. from Touro College Jacob D. Fuchsberg Law Center and her B.A. in Economics from Douglass College, Rutgers University. She also completed studies in International Criminal Law and Ethics at St. Anne’s College, Oxford University (1993). Christine is known for guiding clients, especially those planning for loved ones with special needs, through practical, tax-efficient trust strategies that reflect their values and goals.
A committed community leader, Christine serves on the Attorney Arbitration Committee (2021–present) and as a Trustee (Secretary) of the Ocean County Bar Association. She has held board roles with 21 Plus (Past President) and MOCEANS, Inc., and is active in the New Jersey State Bar Association, the Asian Pacific American Lawyers Association, and the American Bar Association (Advisory Panel). A frequent lecturer on special needs planning, real estate, and nonprofit governance, she has contributed to publications, including elder-law articles on the Nursing Home Bill of Rights and OBRA 1993, and volunteers as a mediator in the Superior Court of New Jersey.
Who Can Act as a Successor Trustee in a New Jersey Living Trust?
The successor trustee has a great deal of responsibility. He or she is responsible for investing any assets prudently in the best interests of the beneficiaries. The trustee must file any required state and federal income tax returns and keep qualified beneficiaries reasonably informed about administration, providing reports/accountings as required by the trust or upon request under New Jersey’s Uniform Trust Code (N.J.S.A. 3B:31-67).
Consequently, you want to ensure that the individual you choose as your successor trustee is capable and responsible in taking on this role.
You may choose a trusted individual, such as a family member, a trusted friend, or an associate. You may also choose to use a corporate trustee. Corporate trustees can include trust companies, lawyers, banks, and other financial institutions. These individuals or institutions have the experience of managing trusts that friends and family members may not have.
The Benefits of a Revocable Trust
Like other forms of estate planning and asset management, revocable living trusts have their benefits and their disadvantages. Although a trust is not suitable for every situation, it can be particularly helpful for people with significant assets, property in other states, loved ones with special needs, or a large extended family for whom probate could become a difficult and lengthy process.
Is a living trust right for you? Some questions that your New Jersey living trust attorney may ask when consulting with you are:
- Will it benefit your beneficiaries to avoid probate?
- Do you own real property in other states?
- Are there children from previous marriages who may be at risk of disinheritance?
- Is your spouse or other beneficiaries capable of making good decisions or handling complex financial matters?
- Do you have sons or daughters-in-law that you are concerned about in the case of divorce or your child’s death?
- Do you have beneficiaries who are at risk of losing public benefits if they receive an inheritance?
- Are there privacy concerns?
These are matters that make creating a living trust especially beneficial. New Jersey probate attorney Christine Matus and the estate planning lawyers at the Matus Law Group can go through these specific scenarios with you so you can understand your options and how a living trust may or may not benefit you.
To schedule a confidential appointment with the Matus Law Group to process a trust, call us now at (732) 281-0060.
What Are Some Benefits of a Living Trust?
Living trusts have some distinct benefits.
- Most grantors choose living trusts to help their beneficiaries avoid probate. Under New Jersey’s Title 3B probate statutes, a small-estate affidavit can be used for intestate estates to collect assets without full administration, provided the estate’s value is $50,000 or less with a surviving spouse or partner, or $20,000 or less without one. A properly funded revocable living trust can still help families avoid full probate.
- If you own out-of-state real estate property, a living trust will allow you to avoid probate from that state. Some states have complicated and costly probate procedures when the property is owned by individuals outside the state.
- If you have children from a previous marriage, you will want to ensure that those children benefit from your estate instead of all assets going to your spouse. A living trust is an excellent way to ensure that this happens.
- When a spouse or beneficiary is ill-equipped or too young to make sound financial decisions, it can be beneficial to have a trustee administer the assets, particularly with a large or diverse estate.
- Once assets are distributed to your heirs, they then become part of your beneficiary’s estate. You may want to ensure that your assets don’t go to a son-in-law or daughter-in-law if something happens to your child.
- Do you have a special needs beneficiary who may lose public assistance if they receive a substantial inheritance? Keeping assets in a trust allows them to maintain public services while still getting the benefit of assets managed by a trustee.
- Many families want privacy when it comes to the death of a family member. If you or your family have privacy concerns, having assets distributed by a living trust keeps the information out of the public eye.
A living trust can be adapted to your particular circumstances. Estate planning attorney Christine Matus and the New Jersey trust lawyers at the Matus Law Group will answer your questions and tailor your living trust according to your unique needs.
To schedule a private appointment with the Matus Law Group to process a trust, call us today at (732) 281-0060.
If You Create a Living Trust, Do You Still Need a Will?
While a living trust can be advantageous for many individuals, there are some things a living trust cannot do. You still need a will if:
- You have minor children: A trust cannot name a guardian for your children. If you have minor children, you will still need the will to name a guardian in the event that you become incapacitated or die.
- There are properties or assets you have not placed in the trust: If you have not placed all your assets in the trust, the trust will not be able to transfer them. Without a will, any property not included in the trust will then be distributed in accordance with New Jersey intestate laws.
At the Matus Law Group, estate planning attorney Christine Matus and our experienced New Jersey trust lawyers are happy to sit down with you and discuss your questions and concerns, and how to approach your living trust to safeguard your legacy and the specific needs of your family.
Other Types of Trusts in New Jersey
Trusts can be used as flexible instruments. They have evolved over the years in order to address the different needs of each family. In New Jersey, other types of trusts include
- Special Needs Trusts (SNT): This trust is an Estate Planning tool that protects assets for Special Needs Beneficiaries. Having a special needs trust does not exclude the beneficiaries from receiving needs-based government benefits like Medicaid.
- Spousal Limited Access Trusts (SLAT): This type of trust is an irrevocable trust that married couples use to protect their assets. SLATs are becoming a popular tool for estate planning.
- Irrevocable Life Insurance Trusts (ILIT): These trusts are an old favorite among estate planners. These trusts are helpful in removing life insurance from a taxable estate.
- Disclaimer Trusts: A disclaimer trust is a technique for estate planning and asset protection where married couples include a voluntary irrevocable trust into their Will or Revocable living trust.
- Education Trusts: These trusts are Irrevocable Trusts that are specifically designed to pay tuition for beneficiaries. This type of trust is a great way to remove the need for parents to save up funds for their children’s education and can save the children from the burden of student loans.
Trusts can be used to protect assets and provide flexibility in estate planning. Talk to an estate planning lawyer about the best way to incorporate trusts into your estate plan.
Experienced New Jersey Living Trust Lawyers at Matus Law Group
Anyone with significant assets should consider asset protection and having a concise estate plan in place. With a revocable living trust, you can have access to assets while you are alive, and your beneficiaries’ needs will be met should you pass away or become incapacitated. Estate planning attorney Christine Matus and the skilled New Jersey living trust lawyers at the Matus Law Group are here to offer advice and counsel. We create many different types of trusts, depending on your unique situation.
Call us at (732) 281-0060 or fill out our online contact form.
