TOMS RIVER, NJ – September 24, 2026 – Families considering how to manage wealth, property, and care decisions across generations often weigh whether a trust is the right tool for their estate plan. Ocean County trust attorney Christine Matus of The Matus Law Group (https://matuslaw.com/trust-attorney/) is providing guidance on the types of trusts available under New Jersey law and how each structure addresses different planning goals.

According to Ocean County trust attorney Christine Matus, a trust is a legal arrangement in which a grantor transfers property to a trustee to hold and manage for the benefit of one or more beneficiaries. New Jersey governs trusts under the Uniform Trust Code, codified at N.J.S.A. 3B:31-1 et seq., which the state adopted in 2016 to replace decades of patchwork case law with a clear statutory framework. “The code defines trust validity, trustee duties, beneficiary rights, and the rules for modification or termination,” Matus explains.

Ocean County trust attorney Christine Matus notes that families often choose trusts over wills for several practical reasons, including privacy, probate avoidance, control over the timing of distributions, protection from creditors, continuity during incapacity, and the reduction of family disputes. Trust documents stay private, while wills become part of the public record once filed with the county Surrogate’s Court. Most New Jersey estate plans pair a trust with a “pour-over will” that catches anything not retitled into the trust during the grantor’s lifetime.

The Matus Law Group recognizes several trust structures under New Jersey law. A revocable living trust can be changed or canceled at any time during the grantor’s lifetime and is primarily a probate avoidance tool, while an irrevocable trust offers asset protection and can remove assets from the taxable estate. A special needs trust holds assets for a person with a disability without disqualifying them from means-tested benefits like SSI and Medicaid under 42 U.S.C. § 1396p(d)(4)(A). Spendthrift and testamentary trusts serve more targeted purposes.

Attorney Matus emphasizes that New Jersey repealed its state estate tax in 2018, but the New Jersey inheritance tax under N.J.S.A. 54:34-1 still applies based on the relationship between the deceased and the person inheriting. Class A beneficiaries such as spouses, children, parents, grandparents, and grandchildren pay no inheritance tax, while siblings and in-laws (Class C) face rates from 11% to 16%, and unrelated individuals (Class D) face 15% to 16%. Trust planning can structure how property passes to reduce or eliminate inheritance tax exposure for non-Class A beneficiaries.

The firm also addresses the duties of trustees under N.J.S.A. 3B:31-55, including the duty of loyalty, prudent administration under the Prudent Investor Act (N.J.S.A. 3B:20-11.1), the duty to inform beneficiaries, impartiality, the duty to account, and confidentiality. A trustee who breaches these duties can be removed, surcharged, or sued personally for damages. Many families name a relative as trustee, but complicated trusts involving tax filings, real estate, business interests, or special needs planning often call for a professional trustee or co-trustee.

“A trust only controls property that has been formally transferred into it,” Matus adds. “Funding the trust correctly is as important as drafting it.” Real estate must be transferred by a deed recorded with the county clerk, bank and brokerage accounts must be retitled in the trust’s name, and beneficiary designations on retirement accounts and life insurance should be coordinated with the overall plan. Trusts should also be reviewed every three to five years and after major life events.

For families weighing whether a trust fits into their broader estate plan, the right structure depends on goals related to asset protection, privacy, tax planning, and care for loved ones with special needs. Those considering trust planning are encouraged to discuss their specific circumstances and asset structure with a qualified estate planning attorney before finalizing any documents.

About The Matus Law Group:

The Matus Law Group is a New Jersey-based law firm focused on estate planning, trusts, special needs planning, and real estate law. Led by attorney Christine Matus, the firm serves families from offices in Toms River and Red Bank and works with clients across Ocean County, Monmouth County, and the broader state of New Jersey. For consultations, call (732) 281-0060.

 

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Company Name: Matus Law Group
Contact Person: Christine Matus
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Phone: (732) 281-0060
Address:81 E Water St #2C, Toms River, NJ 08753
City: Toms River
State: New Jersey
Country: United States
Website: https://matuslaw.com/

 

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