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Trusts Attorney

A trust keeps your home and savings out of probate and puts someone you chose in charge if you cannot manage them. We draft and fund trusts for New York, New Jersey and Pennsylvania, from Brooklyn, Newark and Philadelphia.

The first call is free. We will tell you whether a trust is worth it for you, or whether a will does the job.

When a trust is usually the right call

A trust costs more than a will, so it should solve a problem a will cannot. These are the four we see most.

You own a home, or a home in each state.

A will sends real estate through probate in the state where it sits. Property held in a funded trust passes to your family without a court case.

Someone you are leaving money to cannot manage it.

A young adult, a relative who struggles with money, or a family member who receives disability benefits. A trust pays out on your terms instead of all at once, and a special needs trust keeps those benefits in place.

You want an inheritance to stay in the family.

Money left outright can end up in a beneficiary's divorce or with their creditors. A trust can hold it for them and keep it separate.

You want someone ready to step in if you cannot.

If you lose the ability to manage your affairs, the successor trustee you named takes over the trust assets without asking a court first.

Which of these sounds like you?

What a trust should do depends on what you own and who it is for. Answer two questions and we will show you what usually matters for someone in your position.

What do you mostly own?
Does the trust need to do anything else?

Keeping it simple.

For most families the questions are whether the home avoids probate and who steps in if you cannot. Sometimes a will and updated beneficiary forms do the job for less, and we will tell you if so.

  • Revocable living trust
  • Successor trustee
  • Pour over will
  • Beneficiary form review

Not sure which fits? That is what the first call is for.

Book a free 15 minute call

From the first call to a funded trust

An online trust kit gets you a document. It does not move anything into it, and an empty trust does nothing. Here is the whole sequence, including the step the kits leave out.

  1. A free 15 minute call.

    You tell us what you own and who it is for. We tell you whether a trust fits, or whether a will and updated beneficiary forms would do the same job for less.

  2. Choosing the kind of trust.

    Revocable or irrevocable is the main decision. We explain what each one costs you in control and gives you in protection before anything is drafted.

  3. A recommendation, and what it will cost.

    Before drafting begins, you will know what your plan includes and what it will cost.

  4. Drafting and signing.

    We prepare the trust and the documents that go with it, you review them, and they are signed with the formalities each state requires.

  5. Funding the trust.

    Deeds are recorded, accounts are retitled and beneficiary designations are updated, so the trust actually owns what it is meant to. This is the step that keeps your family out of court, and we do it with you rather than leaving it to you.

Types of trusts

Every trust starts with one choice: revocable or irrevocable. One keeps you in control, the other gives up control in exchange for protection. The specialty trusts further down are built on that same choice.

Revocable or irrevocable

Revocable living trust

You stay in control

You can change it or cancel it at any time while you are able to. You keep full control of everything in it.

✓
Key Benefits
  • •Change or cancel it whenever you like
  • •Assets in it skip probate
  • •Keeps your affairs out of the public record
  • •Someone you chose manages it if you cannot
  • •You keep control for life
!
Limitations
  • •Does not reduce estate tax
  • •Does not protect assets from your own creditors
  • •Still counts as part of your estate
VS

Irrevocable trust

You give up control for protection

Once it is signed, it is hard to change. What you put in leaves your estate for good, which is what makes the tax and protection benefits possible.

✓
Key Benefits
  • •Can take assets out of your taxable estate
  • •Can protect assets from creditors and lawsuits
  • •Can lower taxes for you or your heirs
  • •Can provide for grandchildren directly
!
Limitations
  • •Hard to change once signed
  • •You no longer control the assets directly
  • •The transfer is permanent
Which one fits you?
R
Revocable, if you:
  • ✓Want to keep full control
  • ✓Mainly want to avoid probate
  • ✓Are not worried about estate tax
  • ✓Expect to change the terms later
I
Irrevocable, if you:
  • ✓Are worried about estate tax
  • ✓Need to protect assets
  • ✓Want to give to charity
  • ✓Are comfortable giving the assets up for good

From our articles

Revocable VS Irrevocable Trusts: What’s the Difference?

Control or protection, not both in one trust. Where each fits, the misconceptions that cost families money, and the New York rules that change the answer.

Read the full comparison

Specialty trusts

Some families need a trust built for one job. These are the five we set up most often.

Irrevocable Life Insurance Trust (ILIT)

Keeps a life insurance payout out of your taxable estate, so your family has cash to pay taxes and bills without selling assets.

  • Payout stays out of your estate
  • Cash on hand when it is needed
  • Shields the payout from creditors
  • Cannot be changed once set up

Charitable Remainder Trust (CRT)

Pays you an income for life, then the rest goes to the charity you chose. It can also bring tax benefits.

  • Income for life
  • A tax deduction when you set it up
  • Can reduce capital gains tax on assets you sell
  • Leaves the rest to a cause you care about

Generation-Skipping Trust (GST)

Passes wealth straight to grandchildren or later generations. It is set up to keep the extra tax on those gifts as low as possible.

  • Provides for grandchildren directly
  • Makes full use of the tax exemption
  • Keeps wealth in the family for generations
  • Keeps protecting the assets over time

Special Needs Trust

Provides for a family member with a disability without costing them benefits such as Medicaid or SSI.

  • Keeps benefits in place
  • Pays for what benefits do not cover
  • A trustee manages the money for them
  • Protects someone who cannot protect themselves

Qualified Personal Residence Trust (QPRT)

Moves your home to your children at a lower gift tax value, while you keep living there for a set number of years.

  • Lowers the gift tax on your home
  • You keep living there
  • Locks in today's value for tax purposes
  • Future growth in value goes to your children

Revocable or irrevocable? That is what the first call is for.

What a trust actually does

A trust holds assets for the people you name. While you are alive you are usually your own trustee, and nothing about daily life changes. If you die or cannot manage, the successor trustee you chose takes over without going to court.

A will only works after death, and only through probate. A trust works during your lifetime too, keeps the details private, and can keep paying out on your terms for years.

Learn More: For a definition and guide on what a Trust is, visit bankofamerica.com's definition and comprehensive guide to Trusts.

Who is involved:

  • You, as the person creating it
  • The trustee, usually you at first
  • The successor trustee who takes over
  • The beneficiaries

What it can do:

  • Pass property without probate
  • Keep your affairs private
  • Let someone step in if you cannot
  • Pay out over time instead of all at once
  • Protect an inheritance from creditors and divorce

How Zeus Estate Planning Serves You in Trust Planning

We draft and fund trusts for families in Brooklyn, Newark and Philadelphia, for New York, New Jersey and Pennsylvania. You decide who benefits and who is in charge; we make sure the trust holds the assets and does what you meant.

Living trusts that avoid probate.

A revocable trust you control during your lifetime, which passes your home and accounts to your family without a court case.

  • Revocable living trusts
  • Successor trustee planning
  • Pour over wills
  • Deeds into the trust

Trusts that protect an inheritance.

For a beneficiary who needs support rather than a lump sum, or an inheritance that should stay out of a divorce or a creditor's reach.

  • Irrevocable trusts
  • Special needs trusts
  • Asset protection trusts
  • Trusts for children and grandchildren

Funding, and help for trustees.

A trust only works once it owns something. We move the assets in, and we guide the trustee when the time comes to act.

  • Retitling accounts and property
  • Beneficiary designation review
  • Trustee guidance
  • Updates when the family changes

Why Choose Zeus Estate Planning?

Funded, not just drafted.

Moving assets into the trust is part of the engagement. A kit hands you a document and leaves that step to you.

Three states, one trust.

We practice in New York, New Jersey and Pennsylvania, which matters when you live in one and own property in another.

We see what goes wrong.

This firm also settles estates, including ones where a trust was signed and never funded.

Plain language first.

You will understand what your trust does before you sign it, and be able to explain it to the person who will run it.

Schedule your free 15 minute call

Call (917) 515-1825 or contact us online to get started

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Stanley Dutervil profile

Stanley Dutervil

★★★★★

Knowledgeable, responsive, and extremely easy to work with throughout the trust creation process. Stefan created a highly organized set of documents and walked me through everything step by step from start to finish. I would highly recommend reaching out to him if you are considering estate planning or looking for guidance on setting up a trust.

What goes wrong without a trust, or with an empty one

None of this takes bad luck. It is what happens when a trust was never set up, or was signed and never funded.

The house goes through probate anyway.

A trust that never received the deed does not control the house, so it is probated as if the trust did not exist.

A court picks who manages your money.

If you lose capacity and nobody is named to act, your family may need a court's permission before paying your bills.

An inheritance arrives all at once.

Money left outright is handed over in full, ready or not, and is exposed to the beneficiary's creditors and divorce.

A benefit is lost.

An inheritance paid directly to someone on needs based benefits such as Medicaid or SSI can cost them their eligibility. A special needs trust avoids that.

A trust only protects what it holds

Each problem above is prevented by a trust drafted for your family and actually funded. Neither step is complicated when it is done while you are healthy.

Tell us what you own and who it is for, and we will tell you whether a trust is worth it.

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