New Jersey Living Trust Attorney — Protecting What You've Built
At Anthony Sytko LLC, we draft precise, individualized Living Trusts that allow New Jersey residents to transfer assets to their loved ones efficiently and privately — without the delay and expense of the probate process. With more than 17 years of estate planning experience, Anthony works closely with each client to craft a trust that reflects their unique family circumstances, financial goals, and values.
What Is a Living Trust?
A Living Trust (also called a Revocable Living Trust or Inter Vivos Trust) is a legal arrangement in which you transfer ownership of your assets — such as real estate, bank accounts, and investments — into a trust that you control during your lifetime. When you pass away, those assets are distributed to your named beneficiaries by a Successor Trustee, without going through the court-supervised probate process.
Key features of a Living Trust:
Avoids probate: Assets held in the trust pass directly to beneficiaries, saving time and court costs.
Maintains privacy: Unlike a Will, a trust does not become part of the public record.
Remains flexible: A revocable trust can be changed, amended, or dissolved at any time while you are alive and mentally competent.
Provides continuity: If you become incapacitated, your Successor Trustee can step in and manage your assets without court intervention.
Types of Trusts
Trusts can be tailored to serve a wide range of personal, family, and financial goals. Anthony Sytko has extensive experience with many trust structures, including:
Revocable Living Trusts: The most common type. You retain full control over trust assets during your lifetime and can modify the trust at any time. Assets remain in your taxable estate but avoid probate.
Irrevocable Trusts: Once established, these generally cannot be changed. They are used for advanced tax planning and asset protection, as assets are removed from your taxable estate.
Special Needs Trusts: Designed to benefit a loved one with a disability without disqualifying them from government benefits such as Medicaid or SSI. Anthony Sytko has particular depth of experience in this area.
LGBTQIA+ Estate Planning: Anthony Sytko is a trusted advocate for LGBTQIA+ clients and their families, drafting trusts and estate plans that reflect each client's chosen family structure and specific legal needs.
Charitable Trusts: For clients who wish to leave a philanthropic legacy while receiving potential tax benefits.
How to Establish a Living Trust in New Jersey
Working with Anthony, the process of creating a Living Trust typically involves the following steps:
Consultation and goal-setting: Anthony begins by understanding your family, your assets, your wishes, and any specific concerns — including care for a child with special needs, blended family dynamics, or same-sex partnership considerations.
Choosing a Trustee and Successor Trustee: You will name yourself as the initial Trustee in most cases, and designate a trusted individual or institution to serve as Successor Trustee when you can no longer serve.
Naming your beneficiaries: You designate the individuals, organizations, or trusts that will receive your assets, and specify how and when those distributions will occur.
Drafting and executing the trust document: Anthony drafts a legally sound trust agreement tailored to your goals. You sign the document before a notary, creating the trust entity.
Funding the trust: This critical step involves retitling your assets — real estate, bank accounts, investments — into the name of the trust. Anthony guides you through this process to ensure no assets are inadvertently left out.
Why Funding Your Trust Matters
A Living Trust is only effective if it is properly funded. If you create a trust but fail to transfer your assets into it, those assets may still be subject to probate — defeating a primary purpose of the trust. Common assets that must be retitled include:
Real estate (via a new deed naming the trust as owner)
Bank and savings accounts
Investment and brokerage accounts
Business interests
Personal property of significant value
Note: Retirement accounts (IRAs, 401(k)s) and life insurance policies are generally not retitled into a trust; instead, they pass by beneficiary designation. Anthony will advise you on the most effective approach for each asset.
Common Mistakes to Avoid
Even well-intentioned estate plans can fall short if certain missteps occur. Anthony helps clients avoid the following common pitfalls:
Using a one-size-fits-all template that doesn't account for New Jersey law or your personal circumstances.
Failing to fund the trust after signing — the most common and costly error.
Not naming a backup (Successor) Trustee, or naming someone ill-equipped to serve.
Neglecting to update the trust after major life changes such as marriage, divorce, birth of a child, or the death of a beneficiary.
Assuming a trust eliminates the need for a Will — in fact, a "pour-over Will" should accompany most trusts to capture any assets not transferred during your lifetime.
Not coordinating beneficiary designations on life insurance and retirement accounts with the overall estate plan.
Living Trust vs. Will: Which Do You Need?
Many clients ask whether they need a Living Trust, a Will, or both. The answer depends on your assets, your family, and your goals. Here is a general comparison:
Probate: Will goes through probate (public, can be delayed); Trust avoids probate (private, faster).
Incapacity planning: A Will has no effect until death; a Trust can manage your assets if you become incapacitated.
Privacy: A Will becomes public record; a Trust does not.
Minor children: A Will is the correct place to name a guardian for minor children; a Trust cannot do this.
Cost to establish: A Trust typically costs more to draft upfront, but may save significantly in probate fees later.
For most clients, a comprehensive estate plan includes both a Living Trust and a pour-over Will, along with a Durable Power of Attorney and an Advance Directive for Health Care (Living Will). Anthony will help you determine the right combination for your situation.