New Jersey Trust Creation Attorneys
Creating
a trust can offer multiple benefits within a well-developed, effective estate
planning strategy, though many people assume this structure is only for the
wealthy. There is also a common misconception that a trust only offers
advantages upon your passing. The truth is that trusts are useful for estates
of all sizes, and they can deliver considerable protections during your
lifetime.
The
key to successful trust creation in New Jersey is retaining knowledgeable,
skilled legal advocates to meticulously review your circumstances and explain
your options. At Giro Attorneys at Law, LLC, our lawyers take a customized approach that
starts with assessing your needs and those of your loved ones. We can develop a
comprehensive estate plan, including a trust, that takes advantage of all
available legal benefits. Our goal is to ensure that your estate plan aligns
with your intentions, both during your life and after your passing.
Creating a Trust as Part of Your
Estate Plan
There
are different types of trust structures that offer distinct advantages
depending upon your circumstances. Our attorneys can provide advice and counsel
on creating:
Revocable Trust
As
grantor, you can change beneficiaries or other terms, or cancel this type of
trust during your lifetime. A revocable trust is useful for:
● Disability Planning: If you become
incapacitated, your trust assets are managed by the person you designate as
trustee for your benefit during your lifetime. There is no need to go to court
to appoint a guardian to manage your assets.
● Avoiding Probate: You title assets
in the name of the trust, not your own. Property held by the trust is
distributed to beneficiaries according to its terms, so there is no need to go
through the New Jersey probate
process.
● Privacy: A trust is a private
document, so the information does not become part of the public record as it
would for a will in probate.
Irrevocable Trust
This
type of trust cannot be modified, as you transfer assets to the trust and
relinquish all ownership and control. However, there are considerable benefits
for estate tax purposes because the trust assets are not legally your own. In
addition, the assets may not be considered as a resource for purposes of
qualifying for Medicaid benefits and similar programs during your lifetime.
Special Needs Trust
You
may consider a special needs trust if you want to provide for a disabled
individual, and still allow him or her to qualify for government programs. Note
that there are limitations on how the trust funds can be used.
Spendthrift Trust
If
you want to prevent your beneficiaries from squandering the legacy you leave
them, a spendthrift trust is a way to protect your assets. The trust may
contain strict rules on how the funds can be used, which is useful for younger
individuals and those who make questionable financial decisions.
Talk to a Knowledgeable Lawyer About
Trust Creation in New Jersey
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