Will & Trust Attorney
Call (888) 628-8838 :: We provide guidance to families who have lost a loved one and need help administering their will or trust in NJ & NY, and for those who want to prepare or update their will or trust.
Concerns related to wills and trusts are often a sensitive topic as they impact the wishes of a loved one who has passed and their beneficiaries. The intentions may also differ from setting up a living trust or challenging a problematic will. No matter how complex the issue is, at Zuck Legal, we provide the most beneficial legal advice under the circumstances.
Some people find it difficult to discuss, but ensuring that your will or trust plan is well-drafted and complete, will guarantee that both your family and your assets are protected if something happens to you. Without proper planning, you may be leaving important decisions to the courts or for angry family members to dispute.
The Difference Between Wills and Trusts
Both wills and trusts are useful estate planning tools, but they serve separate purposes. They can work together to create a complete estate plan. However, one of the main differences between and will and trust is that a will goes into effect after you pass away, but a trust takes effect as soon as it is drafted.
A will is a document that designates who will receive your money and other assets upon your death. A will also appoints a legal representative to carry out and communicate your wishes. However, a trust can be used to begin distributing property before, at, or after death. A trust is a legal arrangement by which a trustee holds the legal title to the property for a beneficiary. In addition, a trust generally has two types of recipients, one that receives income from the trust during their life, and another that receives whatever is left over after the first beneficiary dies.
A will includes any property that is in your name only at the time of your death. Property held in joint tenancy or a trust is not included. However, trusts cover only property that has been transferred into the trust, and so, for a property to be included in it, it has to be put in the name of the trust.
One final distinguishing feature between wills and trusts is that a will passes through probate, whereas a trust does not. This means that a court will oversee the will’s administration, but a trust does not go to court. In this way, a trust can save time and money.
There are advantages and disadvantages to both wills and trusts. There are many factors to examine when determining which avenue is best for you and your beneficiaries. Our will and trust lawyers have experience with all of the complexities that go into these plans.
Will and Trust Attorneys NJ & NYC
For a will to be respected by a court of law, it needs to meet certain legal criteria. It needs to be written, duly witnessed, and executed correctly. It is essential to be aware of the will and trust laws in both New Jersey and New York. Zuck Legal can:
- Write a brand-new will or update an existing one
- Design an amendment to the original will document
- Present the will in court
- Help in the final execution of the will
- Contest the will if any circumstances arise
Navigating the complexities of estate planning in New Jersey and New York can be complicated. However, our will and trust attorneys are skilled experts in this field, and we can assist you in covering all possible situations for maximum benefit.