Greendell, NJ Estate Planning Law Firms & Lawyers

If the trustee of the trust is also the grantor, a revocable trust usually indicates that upon the death of the grantor/trustee, the assets held in the trust are distributed.  The grantor/trustee could direct that the assets are distributed to the estate, or to beneficiaries, or can remain in trust with the second trust taking over.  What happens is all dependent on the terms of the trust.

There is no single "best" way.  A solution fo ryou would involve looking at all of your assets, long term care insuance, your family history and many other factors.  As a Certified Elder Law Attorney my goal is to make sure you have sufficient assets under your own control to pay for the care you need. Long term care doesn't "take" your assets - you have to pay for the care that you receive, and if your assets run out and you still need care, then the care wil be provided by Medicaid.  We can minimize taxation and/or take maximum advantage of tax credits by using credit shelter wills, and various types of trusts.

In New Jersey you will only pay estate tax on any amount over $675,000 and inheritance tax if you are not a Class A beneficiary. You are a Class A beneficiary as a child of the decedent.