Legal Question in Wills and Trusts in New Jersey
nj enabling statute for creating living trusts
what is the nj statute(s) specificcally to create a living trust for real estate and money funds.
does it application of probate to such property?
is there a recommended form for such living trust?
2 Answers from Attorneys
Re: nj enabling statute for creating living trusts
There are no specific statutes covering this. How one creates such a trust and what the document contains depends upon what one is trying to accomplish, ranging from avoidance of probate, through creditor protection, to tax savings, and a whole gamut in between. This is a complicated subject and you should consult an attorney, like myself, who deals in this regularly, to assist you in creating not only the type of document you need, but to be sure assets are properly registered and your goals accomplished.
Re: nj enabling statute for creating living trusts
there is no nj stature that is used to create a revocable living trust. The utilization of a this trust is to "self probate" assets. There are many forms used to create this trust. most of the time it s "customized" by the estate planner when a determination is made regarding the assets that will "FUND" the trust--it becomes a judgemnet call of the planner.