Should I Put My Real Estate into a Revocable Trust?

For many homeowners in Bergen County, New Jersey and New York City, real estate is one of their most valuable assets — and protecting it is a core part of any smart estate plan. At Steketee Law Firm, clients frequently ask: “Should I put my real estate into a Revocable Trust?”

In many cases, the answer is yes, particularly for clients looking to avoid probate in New Jersey or New York, protect NYC brownstones or co-ops, or streamline the transfer of property to family members. Below, we break down how Revocable Trusts work and whether transferring your home, condo, or investment property into one makes sense for you.

What Is a Revocable Trust?

A Revocable Living Trust is a flexible estate planning tool that allows you to transfer ownership of assets — including real estate — into a trust while maintaining full control during your lifetime. You can amend or revoke it at any time.

Upon your death, the trust becomes irrevocable, and your designated beneficiaries receive the property without court involvement. For homeowners seeking guidance on Revocable Trusts in Bergen County NJ or NYC, this tool offers significant advantages.

Benefits of Putting Real Estate Into a Revocable Trust

1. Avoiding Probate in New Jersey and New York

Avoiding probate is one of the primary reasons homeowners transfer property into a trust. Probate in both Bergen County New Jersey and New York City can be:

  • Lengthy
  • Expensive
  • Public

When property is titled in a Revocable Living Trust, it passes directly to your beneficiaries — no court, no delays.

2. Seamless Management if You Become Incapacitated

A Revocable Trust allows a successor trustee to step in immediately if you cannot manage your affairs. This is especially important for older homeowners or those managing multiple properties in NYC or New Jersey.

3. Privacy

Probate filings are public, but a trust is not.
For professionals, families, and business owners in Manhattan, Brooklyn, Queens, or Bergen County NJ, this added privacy is a major benefit.

4. Flexibility

You retain full control to:

  • Sell property
  • Refinance your home
  • Move out of state
  • Update beneficiaries

This makes Revocable Trusts ideal for NYC condo or coop owners, New Jersey homeowners, and investors alike.

5. Simplified Transfer of Multi-State Property

If you own property in both New York and New Jersey or in other states around the country, your family could otherwise face two separate probate proceedings.

A trust could avoid this completely — saving time, money, and stress.

Are There Any Downsides?

1. Upfront Legal Work

Creating the trust and properly transferring the deed requires help from an experienced trust attorney and real estate attorney in NJ and NYC.

2. No Asset Protection

A Revocable Trust does not shield property from:

  • Creditors
  • Lawsuits
  • Long-term care claims

If you are concerned about these issues, we can discuss options to protect your assets from Creditors and Lawsuits and plan for long-term care.

Is a Revocable Trust Right for Your Property?

A Revocable Trust is worth strong consideration if you:

✔ want to avoid probate and live in New Jersey or New York City
✔ want a smooth plan if you become incapacitated
✔ want to protect privacy
✔ own real estate in multiple states
✔ want to make inheritance simpler for children or family

It may not be necessary for very small estates or where other transfer tools already accomplish your goals.

Should I put my rental property in an LLC instead of a Trust?

There are situations where an LLC may already accomplish your succession planning goals. If there are multiple members in your LLC, you may have already planned for death in the Operating Agreement. BUT if you have a single member LLC that owns Real Estate you may want to put that membership interest into a Revocable Trust to avoid Probate.

How Steketee Law Firm Can Help

At the Steketee Law Firm, we assist clients throughout Bergen County (Ridgewood, Hackensack, Teaneck, Englewood and beyond) and New York City (Manhattan, Brooklyn, Queens, Bronx, Staten Island) with comprehensive estate planning and real estate trust strategies.

We help you determine:

  • Whether a Revocable Living Trust is right for your property
  • How to transfer your deed into a trust properly
  • Whether your NJ or NYC real estate benefits from trust ownership
  • How to coordinate multi-state property planning effectively

Your home is one of your most important investments — and our estate planning attorneys are here to help ensure it’s protected.

Ready to Put Your Real Estate into a Trust?

Contact Steketee Law Firm today to schedule a consultation with an experienced estate planning attorney serving Bergen County NJ and New York City.