New Jersey Living Trust Attorney Christine Matus Outlines Five Practical Tips for Creating a Revocable Living Trust

RED BANK, NJ - A properly drafted and funded revocable living trust can help New Jersey families organize assets during life, plan for incapacity, and transfer property at death with greater privacy than a will alone. New Jersey living trust attorney Christine Matus of The Matus Law Group (https://matuslaw.com/5-tips-creating-revocable-living-trust/) is sharing five practical tips for individuals and families considering this estate planning tool, including trustee selection, incapacity planning, and properly funding the trust.

According to New Jersey living trust attorney Christine Matus, a revocable living trust involves three roles: the grantor who creates the trust, the trustee who manages the trust assets, and the beneficiaries who receive them. "In most cases, the grantor serves as both the initial trustee and a beneficiary during their lifetime, retaining full control over the assets," Matus explains. "A successor trustee then takes over management if the grantor becomes incapacitated or passes away." New Jersey's Uniform Trust Code, codified at N.J.S.A. 3B:31-1 et seq., governs the creation and administration of these trusts.

New Jersey living trust attorney Christine Matus notes that even though New Jersey offers a streamlined small-estate affidavit procedure for certain intestate estates not exceeding $50,000 under N.J.S.A. 3B:10-3, a revocable living trust may still offer important benefits. Trust administration is generally private, unlike probate, and the structure can be especially useful for families with out-of-state property, business interests, or specific incapacity-planning needs.

The first tip Matus discusses involves out-of-state property. When someone passes away owning real estate in another state, the family must open a separate probate proceeding, known as ancillary probate, in that state. "Each ancillary proceeding usually requires hiring counsel, paying filing fees, and waiting for that state's process to conclude," Matus advises. "Transferring out-of-state property into a properly drafted and funded revocable trust can help families avoid that duplication entirely."

For the second tip, attorney Matus addresses successor trustee selection. The firm explains that families generally choose between an individual trustee, such as a family member or close friend, and an institutional trustee, such as a bank or trust company. Some families name a trusted individual as successor trustee with an institutional trustee as a backup, balancing personal knowledge of the family with professional administration capability. The firm advises naming at least one alternate successor trustee to avoid delays if the first choice is unable or unwilling to serve when the time comes.

The third tip focuses on incapacity planning. The Matus team explains that a revocable living trust can authorize a successor trustee to step in and manage trust assets upon the grantor's incapacity, often after written certification from one or two licensed physicians. Without this provision, the family may need to petition a New Jersey court for guardianship over financial affairs, a public and time-consuming process. "An incapacity clause in the trust handles assets held in the trust, but you still need a durable power of attorney and an advance directive for matters outside the trust," Matus emphasizes.

The fourth tip addresses properly funding the trust. The Matus team emphasizes that creating a trust document is only the first step, since the trust must actually hold assets to function as intended. Real estate requires a recorded deed transferring title to the trust, while non-retirement bank and brokerage accounts, taxable investment accounts, and business interests must be retitled or assigned to the trust through institutional forms. Retirement accounts such as IRAs, 401(k)s, 403(b)s, and Health Savings Accounts should not be retitled into the trust because they are tax-advantaged accounts tied to a specific individual under IRS rules.

The fifth tip covers FDIC insurance for trust accounts. The firm notes that on April 1, 2024, the FDIC simplified deposit insurance by creating a new "Trust Accounts" category covering payable-on-death accounts, living trusts, and irrevocable trusts. For each trust owner, deposits across all trust accounts at a single bank are aggregated, with insurance calculated at $250,000 per eligible beneficiary up to a total of $1,250,000 for that owner's trust deposits. Adding more than five beneficiaries does not increase coverage above this limit.

Matus also reminds families that a pour-over will remains essential alongside a revocable living trust. "A pour-over will catches any assets not titled to the trust at the time of death and helps direct those assets according to the trust's terms rather than New Jersey's default intestacy rules," Matus notes. A will is also the only document that can nominate a guardian for minor children in New Jersey.

For Monmouth County and New Jersey families considering whether a revocable living trust fits within their estate plan, working with an experienced attorney can help align the trust structure, beneficiary designations, and complementary documents such as a pour-over will and durable power of attorney into a coordinated plan.

About The Matus Law Group:

The Matus Law Group is a Red Bank, New Jersey-based law firm focused on estate planning, real estate, and special needs planning. Led by attorney Christine Matus, who has practiced law in New Jersey since 1995, the firm helps individuals and families throughout Monmouth County and across the state with revocable living trusts, wills, and related estate planning documents. For consultations, call (732) 785-4453.

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