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A Living Trust is a legal arrangement in which the asset owner (Grantor/Settlor) transfers the authority to manage their assets to a Trustee during their lifetime. It serves as a vital supplement to a Will by specifying how assets will be managed and distributed after the Grantor’s passing.
While a Last Will and Testament must go through the Surrogate’s Court for Probate, a Living Trust allows assets to pass directly to beneficiaries without court intervention. Although New Jersey’s probate process is relatively streamlined compared to other states, a trust ensures an even more immediate transfer of assets.
A Living Trust remains a private document; therefore, the size of the estate and the details of the distribution are not disclosed to the public. In contrast, a Will becomes a Public Record once filed with the court, making it accessible to anyone.
If the Grantor becomes unable to manage their affairs due to illness (such as dementia) or accident, a pre-designated Successor Trustee can immediately step in to manage the assets. This bypasses the need for a costly and time-consuming court-ordered Conservatorship or Guardianship proceeding.
A Living Trust allows you to set specific conditions—such as milestone ages—for when children receive their inheritance, which promotes long-term financial stability.
| Agency | Primary Services | Contact Information |
|---|---|---|
| NJ ADRC (Aging & Disability Resource Connection) | Service connection and counseling for seniors, individuals with disabilities (18 and above), and family caregivers by county. | 1-877-222-3737 (Calls are automatically routed to your local county office) |
| Bergen County Division of Senior Services | Information, assistance, and referrals for legal services. | One Bergen County Plaza 2nd Floor Hackensack, NJ 07601 201-336-7400 seniors@bergencountynj.gov |
| NNJLS (Northeast New Jersey Legal Services) | Free legal aid for low-income residents, seniors, and the disabled (subject to eligibility). | 190 Moore Street, Suite 100, Hackensack, NJ 07601 201-487-2166 NNJLS.ORG |
| LSNJ (Legal Services of New Jersey Hotline) | Statewide legal hotline providing free legal advice and information. | 1-888-576-5529 lsnjlawhotline.org |
