Revocable Living Trust Attorney in Union, NJ

A revocable living trust lets you protect your assets, avoid probate, and make sure your family gets what you’ve worked for, without court delays or unnecessary costs. At the Law Firm of Benjamin D. Eckman, we help families across Union, NJ and the surrounding communities create trusts tailored to their goals, so your wishes are carried out exactly as you intend.

Without a proper plan in place, your family could face months in probate court, public exposure of your estate, and added legal costs. A revocable living trust sidesteps that process entirely. You stay in control of your assets during your lifetime, name a trusted successor to step in if you’re ever incapacitated, and pass everything to your loved ones privately and efficiently after you’re gone. With over 25 years focused on estate planning and elder law in New Jersey, attorney Benjamin D. Eckman provides the guidance you need to get this done right. Call us today at (908) 206-1000 to schedule a consultation at our Union office on Morris Avenue, conveniently located near US Hwy 22 and the Garden State Parkway.

Who Needs a Revocable Living Trust in Union, NJ?

You need a revocable living trust if you own real estate, have significant assets, or want your family to avoid New Jersey’s probate process. This type of planning is especially useful if you have a blended family, minor children, or want a named person to manage your finances without court involvement if you become incapacitated. Residents throughout Union County, including those in Springfield, Kenilworth, Hillside, Maplewood, and Westfield, count on our firm to build plans that fit their lives.

Common Situations We Handle

You Own Real Estate in New Jersey

When property is held in your individual name, it must pass through probate before your heirs can access it. Placing it in a revocable trust transfers it to your beneficiaries without court involvement.

You Want to Plan for Incapacity

If you become unable to manage your own affairs, a successor trustee can step in immediately. There’s no need for court-appointed guardianship or conservatorship.

You Have a Blended Family or Second Marriage

A revocable living trust lets you clearly define who inherits what, protecting both a surviving spouse and children from a prior relationship.

You’re a Dual Citizen or Have Out-of-State Assets

Assets held across multiple states, or internationally, can create serious complications at death. A revocable trust simplifies transfers and can help family members avoid the IRS Transfer Certificate process (Form 5173).

You Want to Keep Your Estate Private

Unlike a will, a trust doesn’t go through probate and never becomes part of the public record. Your family’s finances stay private.

You Want to Avoid Delays for Your Family

Probate in New Jersey can take months, sometimes longer. A properly funded trust lets your successor trustee act quickly to pay bills, manage property, and distribute assets.

Why Working With an Estate Planning Attorney Matters

A revocable living trust is only as effective as how it’s drafted and funded. Without proper legal guidance, families often end up with trusts that don’t work the way they expected, either because assets were never transferred into the trust, the trustee wasn’t properly named, or the document doesn’t reflect current New Jersey law.

Attorney Benjamin D. Eckman has spent over 25 years helping New Jersey families get this right. A poorly prepared trust can leave your estate exposed to the very probate process you were trying to avoid. In some cases, missing a key provision can lead to family disputes, unintended distributions, or estate tax complications. Working with an experienced attorney means your trust is properly drafted, your assets are correctly titled, and your plan actually works when your family needs it most.

Key Planning Decisions and Legal Considerations

Making the right decisions up front is what makes your trust work. There are several choices you’ll face, and each one has real consequences for your family.

Who Will Serve as Your Successor Trustee?

Your successor trustee takes over when you pass away or become incapacitated. This person needs to be organized, trustworthy, and willing to follow the trust’s terms. You can also name a professional or corporate trustee.

How Will Your Assets Be Distributed?

You can direct that assets pass outright to beneficiaries or be held in continuing trusts until they reach a certain age. This matters especially when you have younger children or beneficiaries who may need extra guidance managing an inheritance.

Should You Pour Over Your Remaining Assets With a Will?

A pour-over will works alongside your trust to capture any assets that weren’t transferred into the trust during your lifetime. Without it, those assets could still end up in probate.

Do You Need Additional Planning for Incapacity?

A revocable trust handles your financial affairs during incapacity, but you should also have a durable power of attorney and healthcare proxy in place. These documents cover decisions your trustee cannot make.

Is a Revocable Trust Right for Asset Protection?

A revocable trust does not protect your assets from creditors during your lifetime, because you still control them. If asset protection is a goal, we’ll discuss whether an irrevocable trust or other strategy better fits your needs.

How Should Real Estate Be Titled?

To avoid probate on your home or investment property, title must be transferred into the trust. This requires a new deed, and it must be done correctly to be valid in New Jersey.

What to Expect When You Work With Us

Working with our firm is straightforward. We walk you through the process step by step, so nothing gets missed.

Step 1: Initial Consultation

We start by learning about your family, your assets, and your goals. This gives us the full picture we need to recommend the right plan.

Step 2: Drafting Your Trust

Attorney Eckman drafts a trust tailored to your specific wishes, including provisions for incapacity, successor trustees, and distribution instructions.

Step 3: Reviewing and Signing Your Documents

We review every detail with you before you sign. Your trust is executed in compliance with New Jersey law.

Step 4: Funding the Trust

A trust only works if assets are inside it. We help you retitle your real estate, bank accounts, and other assets into the trust’s name.

Step 5: Ongoing Support

Life changes. If you get married, divorced, have a child, or buy new property, we’re here to update your plan so it keeps working the way it should.

Benefits of a Revocable Living Trust

Your Family Avoids Probate

Assets held in the trust pass directly to your beneficiaries without going through New Jersey’s Surrogate’s Court. This saves time, money, and stress.

You Stay in Full Control During Your Lifetime

You can amend, update, or revoke the trust at any time. You manage your assets just as you always have, and nothing changes day-to-day.

Your Estate Stays Private

Probate is a public process. Trusts are not. Your family’s finances and your wishes remain private.

Your Family Is Protected If You Become Incapacitated

Your successor trustee can manage your financial affairs immediately if you’re unable to do so. There’s no need to go to court.

Your Beneficiaries Receive Their Inheritance Faster

Without probate delays, your loved ones can access what you’ve left them in a matter of weeks rather than months.

Proven Results and Client Experience

The Law Firm of Benjamin D. Eckman has served New Jersey families for over 25 years, focusing exclusively on estate planning and elder law. Attorney Eckman earned his J.D. from Seton Hall University School of Law and holds a B.A. in Business and Accounting from Touro College. He is licensed in both New Jersey and New York and is a member of the New Jersey State Bar Association’s Elder Law and Real Property, Probate & Trust Sections, as well as the Union, Passaic, and Bergen County Bar Associations.

Clients throughout Union County and beyond rely on Benjamin Eckman for honest, personalized advice and a clear plan they can count on. Our firm is recommended by financial advisors and peers who trust us to handle their clients’ most important planning decisions.

Common Questions About Revocable Living Trusts

What is a revocable living trust and how does it work?

A revocable living trust is a legal document that holds your assets during your lifetime and transfers them to your beneficiaries after you die, without going through probate. You create the trust, transfer ownership of your assets into it, and serve as your own trustee while you’re alive and well. A successor trustee you name takes over when you pass away or become unable to manage your affairs. Because the trust owns your assets rather than you personally, New Jersey’s probate process does not apply.

What’s the difference between a revocable trust and a will?

Both documents direct who receives your assets after you die, but they work very differently. A will must go through probate, which is a public court process that can take months and comes with fees. A revocable trust avoids probate entirely, keeps your estate private, and allows your successor trustee to act immediately. A will also does nothing to protect you during incapacity, while a trust can include those provisions.

Does a revocable living trust protect my assets from creditors?

No. Because you retain control of the trust and can revoke it at any time, creditors can still reach those assets during your lifetime. A revocable trust is designed for probate avoidance and incapacity planning, not asset protection. If protecting assets from creditors or Medicaid is a goal, an irrevocable trust may be a better fit.

Do I still need a will if I have a revocable trust?

Yes. Even with a trust, a pour-over will is an important part of your plan. It captures any assets that weren’t transferred into the trust during your lifetime and directs them into the trust at death. Without it, those assets could be distributed under New Jersey’s intestacy laws rather than according to your wishes.

How do I fund a revocable living trust?

Funding means retitling your assets so the trust owns them. This includes real estate, bank accounts, investment accounts, and other significant property. Retirement accounts and life insurance policies are typically handled through beneficiary designations rather than direct titling. Our firm guides you through this process to make sure your trust is properly funded and ready to work.

Can I change or cancel my revocable living trust?

Yes. You can amend or revoke a revocable trust at any time while you’re alive and have legal capacity. This flexibility is one of the reasons it’s such a useful planning tool. If your family situation changes, you get divorced, have another child, or simply change your mind about a beneficiary, we can update the trust to reflect your current wishes.

What happens to my trust when I die?

When you pass away, the trust becomes irrevocable. Your successor trustee takes over, inventories the trust assets, pays any debts and final expenses, and distributes what remains to your beneficiaries according to the trust’s terms. Because there’s no probate, this process can often be completed in weeks rather than months.

Do I pay taxes on assets in a revocable trust?

A revocable trust does not change your tax situation during your lifetime. Income generated by trust assets is reported on your personal tax return. There’s no separate tax return required for the trust. At death, assets in a revocable trust are still included in your taxable estate for federal and New Jersey estate tax purposes.

Is a revocable trust a good idea for avoiding New Jersey estate taxes?

A revocable trust on its own does not reduce estate taxes. However, it can be structured to work alongside other planning strategies, such as a bypass trust for married couples, that do reduce the tax burden. Attorney Eckman will review your estate’s size and structure and discuss whether additional tax planning is appropriate.

How much does it cost to set up a revocable living trust in New Jersey?

The cost depends on the complexity of your estate and the documents included in your plan. At the Law Firm of Benjamin D. Eckman, we discuss fees transparently during your initial consultation. Most clients find that the cost of proper planning is far less than what probate would cost their families in time, legal fees, and stress. Call (908) 206-1000 to schedule a consultation.

Areas We Serve

The Law Firm of Benjamin D. Eckman serves clients throughout Union, NJ and the surrounding communities from our office at 1767 Morris Ave., Suite 314. We work with families in Springfield, Kenilworth, Hillside, Roselle Park, Maplewood, Westfield, and throughout Union County. If you’re in the area and need estate planning guidance, we’re here to help. Virtual consultations are also available.

Schedule a Consultation to Discuss a Revocable Living Trust

Planning today means your family won’t face unnecessary stress, costs, or delays tomorrow. At the Law Firm of Benjamin D. Eckman, there’s no pressure, just a straightforward conversation about what matters to you and how we can help protect it. Call us at (908) 206-1000 or visit our office on Morris Avenue in Union to get started.

Other Estate Planning Services We Offer

Looking for related help? Our estate planning services cover everything your family needs, including:

• Wills – A foundational document directing how your assets are distributed
• Irrevocable Trusts – Long-term asset protection and Medicaid planning strategies
• Powers of Attorney – Legal authority for someone you trust to manage your finances if you can’t
• Probate & Estate Administration  -Guidance for executors and administrators settling a loved one’s estate
• Asset Protection – Strategies to shield your wealth from creditors and legal claims

The Law Firm of Benjamin Eckman serves families throughout New Jersey from offices in Union, Wayne, and Hackensack. Attorney Benjamin Eckman is admitted to practice in New Jersey and New York and has been helping families with special needs planning since 1995.