Should I Have a Will or a Trust in New Jersey? - Christine Matus

From The Matus Law Group - Should I Have a Will or a Trust in New Jersey? explains how wills and trusts work in New Jersey and why many families use both documents together. You’ll learn how a will directs asset distribution after death and helps name guardians for minor children, while a revocable living trust can manage assets during life and help avoid probate when you die.

Christine Matus, Esq. walks through the core roles in trust planning: the grantor who creates and funds the trust, the trustee who manages it, and the beneficiaries who receive distributions. The episode also introduces the New Jersey Uniform Trust Code and highlights the practical differences between a revocable living trust, which can be modified or terminated, and an irrevocable trust, which is typically harder to change and may support goals like asset protection, tax planning, and Medicaid eligibility.

You’ll also get a clear look at probate in Monmouth County, including what happens at the Monmouth County Surrogate Court in Freehold and why a will-based plan becomes part of a public court process. The discussion covers the executor’s duties, letters testamentary, typical probate timelines, and how trusts can preserve privacy, while also acknowledging the tradeoffs of higher upfront cost, added complexity, and the need to retitle assets over time.

Finally, the episode brings the decision down to common real-life scenarios such as owning property in multiple states, wanting staged distributions, supporting beneficiaries who need long-term management, and planning for incapacity with a successor trustee. It also explains how a pour-over will can act as a backup for assets not titled in the trust and what happens if someone dies without a will or trust under New Jersey intestacy laws. For personalized guidance, listeners are invited to contact The Matus Law Group at (732) 785-4453, with offices in Toms River and Red Bank serving families across New Jersey.

The Matus Law Group

125 Half Mile Rd #201A, Red Bank, NJ 07701, United States

(732) 785-4453

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