A Practice of Jacobs Counsel LLCServing NY · NJ · OH — Vol. 2026
Legacy Counsel
Revocable Living TrustLegacy Counsel

Revocable Living Trust Attorney

Quick answer: A revocable living trust (RLT) is a trust you create during your lifetime, retain full control over, and can amend or revoke at any time.

Key Points

  • Who it is for: homeowners, parents of minor children, anyone with out-of-state real property, blended families, and clients who want privacy
  • What it solves: probate cost and delay, ancillary probate, incapacity planning, and post-death asset coordination
  • Fully revocable and amendable during your lifetime — no asset protection or tax savings on its own
  • Only works if it is funded — title and beneficiary designations must align with the trust

How a revocable living trust works

You sign a trust document naming yourself as the initial trustee and beneficiary.

Because you control the trust during life, the IRS treats it as a grantor trust for income tax purposes — there is no separate tax return and no asset protection.

Common mistakes we fix

Signing the trust and never funding it.

Naming the trust as beneficiary of a retirement account without thinking through the SECURE Act 10-year rule and accelerated income tax.

Using a generic out-of-state template that ignores how New York, New Jersey, or Ohio actually treats trustee powers, spousal rights, and creditor claims.

New York, New Jersey & Ohio considerations

New York: probate through Surrogate's Court is slow and public; an RLT is one of the few ways to keep an estate out of the court file and avoid SCPA 1404 examinations.

New Jersey: the surrogate process is fast, so RLTs in NJ are used primarily for privacy, incapacity, out-of-state property, and second-marriage planning rather than probate avoidance.

Ohio: probate is moderate but real; RLTs combined with Transfer-on-Death affidavits for real estate are a clean way to bypass it entirely.

How Legacy Counsel helps

We draft, sign, and — critically — fund the trust.

Frequently Asked

Does a revocable living trust protect assets from creditors?+

No.

Does a revocable trust save estate or income taxes?+

Not by itself.

Do I still need a will if I have a revocable trust?+

Yes.

What does it cost?+

We quote a flat fee after intake.

Related

Next Step

Talk to Legacy Counsel.

Fixed-fee estate planning for clients in New York, New Jersey, and Ohio.

Drew Jacobs is licensed in New York, New Jersey, and Ohio. Nothing on this page constitutes legal advice or an offer to represent you in a jurisdiction in which we are not licensed.

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