Legal Question in Wills and Trusts in New Jersey

Re: wills or trust

There is no certainty.

Gary Moore

Re: wills or trust

I somewhat disagree with Gary. For several hundred years it has been law, followed by most states, that if a person's assets are in a discretionary trust, a creditor cannot sue to compel the trustee to make a distribution so the creditor can be paid. A properly drawn trust affords the maximum protection, short of laws, like Florida, which protect a person's house under its residendial homested laws (think O. J. Simpson's house). Plus there are many more reasons to use a properly drawn trust (I prefer one created during a person's lifetime rather than his/her Will), ranging from federal and state estate and inheritance tax laws, potential income tax savings, intra-spousal protections, as well as creditor protection. I can assist you in this regard, as I have been doing this for over 40 years. This is a reply to an Internet question and the response is not to be considered as legal advice or as creating an attorney-client relationship.