Union,New Jersey Trust Attorney

If you need to protect your assets, avoid probate, or care for a loved one after you’re gone, a trust may be one of the most useful tools in your estate plan. At the Law Firm of Benjamin Eckman, we help families in Union, NJ, and across Union County create trusts that match their real-life goals. Whether you’re thinking about a revocable living trust, an irrevocable trust, or a special needs trust, we’ll guide you through every step. Our Union office is located at 1767 Morris Ave., Suite 314, and we serve clients throughout Union Township, Springfield, Kenilworth, Hillside, Maplewood, and beyond. Call us at (908) 206-1000 to schedule a consultation and find out which type of trust is right for your family.

Who Needs Trusts in Union, NJ?

You may benefit from a trust if you own a home, have minor children, care for a loved one with a disability, or want to avoid the time and cost of probate. Trusts are also important for blended families, seniors planning for Medicaid, and anyone who wants more control over how assets are distributed after they pass. Families in Union Township, Westfield, Cranford, Elizabeth, Roselle Park, and Millburn regularly work with our firm to put these protections in place before a health or life event makes planning harder.

What to Expect When Setting Up a Trust

Step 1 – Initial Consultation – We start by reviewing your assets, family situation, and long-term goals. This helps us identify which type of trust fits your needs, revocable, irrevocable, testamentary, or special needs.

Step 2 – Trust Structure Selection – We explain the differences between trust types in plain language so you can make an informed decision. We also discuss how a trust fits with your broader estate planning strategy, including wills and powers of attorney.

Step 3 – Drafting the Trust Document – We prepare a legally sound trust document that complies with New Jersey law. Every detail, from trustee selection to distribution instructions, is tailored to your situation.

Step 4 – Funding the Trust A trust only works if it’s properly funded. We guide you through transferring assets, real estate, bank accounts, investments, into the trust so it does what it’s meant to do.

Step 5 – Ongoing Support Life changes. We’re available to help you update your trust when circumstances shift, including changes in family, finances, or New Jersey law.

Benefits of Setting Up a Trust

Avoid Probate Assets held in a trust pass directly to your beneficiaries without going through New Jersey’s probate process. This saves time, reduces costs, and keeps your estate private.

Protect Assets from Medicaid and Long-Term Care Costs  -An irrevocable Medicaid Asset Protection Trust, drafted and funded at least five years before a Medicaid application, can shield your home and savings from being counted toward Medicaid eligibility. One client worked with Attorney Eckman to place her home into an irrevocable trust five years before entering long-term care. The property passed to her family without a Medicaid recovery claim, preserving the family home that represented decades of her work.

Provide for a Loved One with a Disability – A Special Needs Trust lets you leave assets to a child or family member with a disability without affecting their Medicaid or SSI benefits. Attorney Eckman has helped hundreds of New Jersey families set up these trusts to improve quality of life while keeping government benefits intact.

Control How Your Assets Are Distributed – Trusts let you set conditions on distributions, for example, releasing funds when a child turns 25, or only for education and housing expenses. This level of control isn’t available through a will alone.

Reduce Family Conflict – Clear, legally binding trust documents reduce the chance of disputes among heirs and eliminate ambiguity about your wishes.

Common Questions About Trusts in Union, NJ

What is a trust and how does it work?

A trust is a legal arrangement where you transfer ownership of assets to the trust, which then holds and distributes those assets according to your instructions. You name a trustee to manage the trust and beneficiaries to receive from it. Trusts can take effect during your lifetime (living trusts) or at death (testamentary trusts), and they give you far more control over what happens to your estate than a will alone.

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

A revocable trust can be changed or canceled at any time while you’re alive, you retain full control. An irrevocable trust, once signed, generally cannot be modified. The trade-off is protection: irrevocable trusts can shield assets from Medicaid, creditors, and estate taxes in ways a revocable trust cannot. Which type is right for you depends on your goals, timeline, and assets, something we assess during your consultation.

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

The cost depends on the type and complexity of the trust. A basic revocable living trust is typically less expensive than an irrevocable Medicaid Asset Protection Trust or a Special Needs Trust, which require more precise drafting. We provide clear fee information during your consultation so there are no surprises. The cost of proper planning is almost always far less than the cost of fixing a poorly drafted trust, or having no trust at all.

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

Yes. Even with a trust, you should have a “pour-over will” that captures any assets not transferred into the trust during your lifetime. It’s a safety net that ensures everything ends up where you intended. Most complete estate plans include both a trust and a will, along with powers of attorney and a healthcare proxy.

Can a trust protect my home from Medicaid?

Yes, but timing matters. An irrevocable Medicaid Asset Protection Trust can protect your home if it is funded at least five years before you apply for Medicaid long-term care benefits. This is due to New Jersey’s five-year lookback rule. Transfers made within that window can trigger a penalty period. Planning early is key, and an elder law attorney can help you do it correctly.

What is a Special Needs Trust and who needs one?

A Special Needs Trust is a trust designed for a beneficiary who receives government benefits like Medicaid or SSI. Leaving assets directly to that person can disqualify them from those programs. A properly drafted Special Needs Trust holds assets for their benefit without affecting eligibility. Attorney Eckman has helped families throughout New Jersey set up first-party, third-party, and pooled Special Needs Trusts.

Who should I name as trustee?

Your trustee should be someone you trust completely, and ideally someone with some financial or administrative experience. Many families name a spouse, adult child, or close friend. You can also name a corporate trustee or co-trustee for added oversight. For Special Needs Trusts, trustee selection is especially important because distributions must be made carefully to avoid jeopardizing benefits.

Can I be the trustee of my own trust?

Yes, with a revocable living trust, you can serve as your own trustee while you’re alive and capable. You name a successor trustee who takes over if you become incapacitated or pass away. With an irrevocable trust, you typically cannot serve as trustee, that’s part of what gives the trust its protection.

When is the right time to set up a trust?

Now. The most common mistake families make is waiting until a health crisis forces the issue. Once someone needs long-term care or becomes incapacitated, planning options narrow significantly. Setting up a trust while you’re healthy and have time to fund it properly gives you the best results, especially for Medicaid planning, where the five-year lookback period applies.

Does New Jersey have an estate tax that a trust can help with?

New Jersey eliminated its state estate tax in 2018. However, New Jersey still has an inheritance tax depending on the relationship between the deceased and the beneficiary. Federal estate tax may also apply to larger estates. Trusts can be structured to minimize tax exposure, and Attorney Eckman coordinates trust planning with your overall tax strategy.

Areas We Serve

Our Union office serves families throughout northern Union County and surrounding communities. If you’re looking for trust and estate planning help near Union Township, we work with clients from Springfield, Kenilworth, Hillside, Maplewood, Roselle Park, Elizabeth, Cranford, Westfield, and Millburn. We also have offices in Wayne and Hackensack for clients across Passaic and Bergen Counties. Virtual consultations are available for added convenience.

Schedule Your Trust Consultation in Union, NJ

Setting up a trust is one of the most important things you can do for your family, and it works best when it’s done right, with the right attorney guiding you. Benjamin D. Eckman, Esq. has more than 25 years of experience helping New Jersey families protect what they’ve built. Call (908) 206-1000 today or visit our office at 1767 Morris Ave., Suite 314 in Union to schedule your consultation. The sooner you plan, the more options you have.

Other Estate Planning Services

As part of our estate planning practice, we also help clients with:

• Wills – the foundation of any estate plan
• Special Needs Trust – protecting loved ones with disabilities
• Medicaid Planning – preserving assets while qualifying for long-term care
• Asset Protection – shielding wealth from creditors and care costs
• Probate & Estate Administration – guiding executors and families through the process
• Powers of Attorney & Healthcare Proxies – planning for incapacity

These services work together. When you work with our firm, your trust doesn’t exist in isolation, it’s part of a complete plan built around your family’s needs.

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.