Privacy, speed, and a plan that actually works in New Jersey—because your family deserves quiet, not court.

Plan #2: The Trust Plan

Our most‑chosen plan: the private path that avoids most probate, keeps your wishes clear, and gives your family a faster, calmer administration.

Plan #2 - The Trust Plan

A Revocable Living Trust (RLT) is the difference between a public court process and a private handoff. When your trust is properly funded (we help you do it), your successor trustee can step in immediately, pay bills, manage accounts, and follow your instructions—without waiting on the courthouse. You keep full control while you’re alive and well; if you’re ever not, the trust becomes the playbook your family follows. For blended families, homeowners (especially with shore or out‑of‑state property), and anyone who values privacy, the Trust Plan is the practical upgrade from a Will‑only plan.SCHEDULE A CONSULTATION

Who this is for (in plain English)

If you want your family to avoid public probate and move quickly on a hard day, this is likely your plan. It’s ideal for:

  • Homeowners and multi‑state or NJ Shore/beach town property owners.

  • Blended families who want promises to spouse and children kept.

  • Busy professionals/caregivers who value clarity and speed.

  • Privacy‑focused families (including HNW households) who prefer to keep finances out of public files.

  • Singles, DINK, and LGBTQ+ clients who want chosen family empowered, not default relatives.

What you Get

Your living trust + the pieces that make it work in real life:

  • Revocable Living Trust (RLT) drafted in plain English with protective sub‑trusts for heirs (optional HEMS/lifetime trusts, age‑staggered or milestone distributions, incentive guardrails).

  • Pour‑Over Will to catch anything left outside the trust.

  • Incapacity suite: Durable Power of Attorney (DPOA), Health Care Proxy/Advance Directive (AD), and HIPAA Authorization so life can continue without a guardianship.

  • Funding Plan + hands‑on funding help: We coordinate deeds, account titles, and beneficiary changes so the trust actually owns or receives what it should. You won’t be left with a binder you have to figure out alone.

  • Lasting Message Session (LMS) included: A guided video/audio message (with transcript) your family can receive at a time you choose—context and love, not just instructions.

  • Secure Client Vault for organized digital copies and easy sharing with fiduciaries.

Translation: we don’t just draft; we fund and finish so your trust works.

Why the Trust Plan beats a Will‑only Plan

A Will names who’s in charge and who inherits—but it still routes your family through probate, a public, creditor‑first process. An RLT keeps administration private and faster when funded. Your successor trustee can act immediately; most tasks happen without court supervision. For many New Jersey families, this means weeks instead of many months, fewer professionals involved, and far less stress.

Expect with a Will‑only plan: public filings, potential bond for your executor, creditor windows, inventories/appraisals, multiple professionals—and the court’s timeline.
Expect with a funded Trust Plan: private notices to beneficiaries, a ready successor trustee, and a clear playbook executed quietly.

How the Process Feels

We provide a 9-step process which we've condensed into 5 parts for brevity here. Together, we start with a short consultation and a Design and Discovery Meeting (DDM) to map people, assets, and goals in plain English. You’ll see side‑by‑side options (Will‑only vs. Trust Plan vs. Advanced). Once we choose the Trust Plan:

  1. Design — we outline trustee choices, distribution style for heirs, and any protective features (SNT/MAPT compatibility, lifetime trusts, divorce/creditor shields for beneficiaries).

  2. Draft — we prepare your trust, pour‑over Will, and incapacity documents, plus a Funding Plan that lists each account/deed/beneficiary update.

  3. Sign — calm, organized signing with witnesses and notary.

  4. Fund — we quarterback deeds (often Bargain & Sale in NJ), retitle accounts, and align IRA/401(k)/life insurance beneficiaries. We track completions so nothing is missed.

  5. Maintain — annual tune‑ups via AMP or quarterly CCP with your CPA/financial planner.

Most clients complete design/draft/sign in 3–5 weeks, with 4–8 weeks typical for third‑party funding steps (banks, brokerages, county recording), though timelines vary based on needs and complexity.

Built‑in Protections (Customized to your family)

  • For heirs: Lifetime discretionary trusts with HEMS standards, age‑staggered releases, or incentive provisions; strong spendthrift clauses to help shield from divorces/creditors while funds remain in trust.

  • For special needs: We can route gifts to a Special Needs Trust (SNT) to preserve benefits while improving quality of life.

  • For retirement accounts: Coordinate beneficiaries or add a Stand‑Alone Retirement Trust (SRT) when control/timing under the SECURE Act matters.

  • For long‑term care planning: Keep the RLT flexible; when appropriate we can layer irrevocable options (e.g., MAPT) alongside the core plan.

New Jersey specifics (why Local Drafting matters)

  • Deeds & titling: We prepare and record NJ‑appropriate deeds and align TBE/JTWROS/TIC ownership with your trust plan.

  • Probate realities: Even though NJ probate can be simpler than some states, it is still public and can involve bond requirements and professional fees. A funded RLT sidesteps most of that.

  • NJ inheritance tax: Certain heirs (siblings, nieces/nephews, friends) can face NJ inheritance tax; we plan distributions and titling with awareness of that exposure.

Common Mistakes we Prevent

  • Unfunded trusts (no titles/beneficiaries moved) → probate anyway.

  • Minors named directly as beneficiaries → court involvement.

  • Conflicting instructions between Will, trust, and beneficiary forms → disputes.

  • No incapacity path → emergency guardianship.

  • DIY forms with invalid execution or missing powers → delay and litigation risk.

We design for clarity, complete the funding steps with you, and document everything in your vault.

When the Advanced Plan is the better Fit

If you have a blended‑family with significant assets, want to preserve estate‑tax options for a spouse and children, or need post‑death flexibility, consider our Advanced Plan. It adds A/B or A‑B‑C structures, QTIP/Clayton choices, credit‑shelter planning, and portability coaching—built on the same RLT foundation.

FAQs

Will this protect me from lawsuits or nursing‑home costs?
A revocable trust is for privacy and administration, not lawsuit or Medicaid protection. For those goals, we layer irrevocable strategies (e.g., MAPT, ILIT, lifetime trusts for heirs) when appropriate.

What happens if I become incapacitated?
Your successor trustee and agents (DPOA/Health Care Proxy) can act immediately—no guardianship process.

Can I start with a Will‑only plan and upgrade later?
Yes. We design with that in mind. Some clients start with Family Essentials, then move to the Trust Plan as life evolves.

What about my IRA/401(k)?
We coordinate beneficiary designations and may use an SRT to manage taxable distributions and creditor/divorce protection for heirs.

Do you handle the deeds and bank forms?
Yes. Funding is part of this plan. We prepare deeds, provide letters and forms for institutions, and track confirmations.

How are fees handled?
We quote a transparent, fixed fee after design. No surprises.

Quick Glossary

  • RLT: Revocable Living Trust (private administration; avoids most probate when funded)

  • Pour‑Over Will: Will that moves outside assets into your trust at death

  • DPOA/AD/HIPAA: Financial and medical decision‑making tools during incapacity

  • HEMS: Health, Education, Maintenance, Support (common trustee standard)

  • SNT: Special Needs Trust (benefits‑safe planning)

  • MAPT: Medicaid Asset Protection Trust (long‑term care planning)

  • SRT: Stand‑Alone Retirement Trust (retirement‑account inheritance control)

  • AMP/CCP: Ongoing maintenance programs (annual or quarterly)

Related Legal Services

Services we offer in connection with Estate Planning

Real estate transactions (purchase/sale, deed work, LLC transfers), business & succession planning (buy‑sell agreements, family LLC/FLP), civil litigation (probate disputes, fiduciary claims), and elder law/long‑term care planning.

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