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.