Asset protection is not only for the elderly or the wealthy. For anyone with assets, estate planning, specifically creating a trust, ensures that those assets are managed and distributed in accordance with your wishes while also saving money, time, and probate headaches. In fact, the sooner you take steps to ensure the safety of those assets with a professionally crafted trust, the more peace of mind you can have going into the future.
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When you create and fund a trust in New Jersey, your assets are transferred from your estate and into the trust. A trust is an estate planning device that allows you, the Grantor, to give a third party, the Trustee, access to hold and manage your assets for the benefit of your Beneficiary. This trustee can be a relative, a professional such as your attorney, a corporate fiduciary, or an otherwise trusted party. Your trustee will manage the assets and make disbursements to your beneficiaries in accordance with your wishes.
A trust has many advantages for both the grantor and the beneficiary and your trust attorney can discuss how one may help your particular situation. These are some common ways that people use trusts for their estate planning needs:
Structuring a trust can be customized by your trust attorney for your unique needs while you are alive and set out specific goals for your trustee to carry out upon your death. You may fund a trust now, make periodic gifts to it over time, or wait to have it funded at your death.
The laws are different for each state so it is important to get the legal advice of an estate planning law firm that is experienced with New Jersey laws as they apply to trusts.
Because each situation and estate is unique, the experienced New Jersey trust attorneys at Matus Law Group work closely with each client in order to fully understand and provide legal advice with their issues, needs, and expectations in mind. Our clients rely on the skill of our experienced special needs attorneys to ascertain the relevant legal, financial, and tax implications to create a trust that will work in cooperation with those very unique needs.
Because trusts can be used in many different types of asset protection situations in New Jersey, an experienced trust lawyer can offer different types of trusts to address the needs of their client. These trusts can include
A revocable living trust is a separate entity that owns your assets and.allows you to maintain control of them during your lifetime. You have the ability to change or even dissolve the trust since it only becomes permanent once you die. You can name yourself as the trustee with a co-trustee or a successor trustee to manage if upon your death or if you can no longer manage it.
If you have a special needs dependent, you may leave them assets through a special needs trust that ensures that they will not lose their public assistance or government benefits. At the Matus Law Group, we are special needs lawyers who specialize in special needs trusts.
You can set up this irrevocable trust to benefit your spouse and to protect your assets. While this is an irrevocable trust and you have given up your control over these assets, your spouse has access as the beneficiary.
This trust is used to remove life insurance from your taxable estate
A marital disclaimer trust is one that has provisions set out in the will allowing a surviving spouse to put some of the assets of an estate into a trust (disclaiming ownership) which will then continue to benefit him or her without being part of their estate at death.
This is an irrevocable trust designed to provide for education funds for the beneficiary.
When you work with the experienced New Jersey trust attorneys at The Matus Law Group, you get a team of estate planning professionals who work diligently to ensure that your estate is safe for the future and that of your loved ones. With over two decades of experience, Christine Matus, Esq. and her law firm have served the needs of clients by creating, implementing, and administering trusts that offer peace of mind for clients and their loved ones. We look forward to discussing your needs and your wishes during a consultation (732) 281 0060.
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