If your parents set up a living trust years ago and never looked at it again, the document may no longer protect assets or distribute property the way they intended. In New Jersey, courts still require probate filings and delays, and the trust only works when it stays current. Here’s when you should encourage your parents to review or update their trust to keep it working as intended.
Every few years
You should have your parents’ trust reviewed every three to five years because laws, property values and family dynamics shift even without major events. In New Jersey, for example, lawmakers may change estate tax rules that alter whether certain provisions still make sense. Ignoring those shifts can strip the trust of its effectiveness. Regular reviews catch these changes and keep the trust aligned with your parents’ financial situation.
After major family changes
You should encourage updates whenever marriages, divorces, births or deaths occur because those events directly change who the trust should benefit and who should manage it. If the trustee named in the document dies or a new grandchild enters the family, unresolved gaps can push relatives into conflict. In this case, a judge may have to resolve the dispute. Updating the trust quickly after family changes keeps instructions clear and prevents fights.
After financial or legal changes
You should also call for a review when your parents buy or sell real estate, open or close a business or when lawmakers adjust estate planning rules. If your parents never retitle a home into the trust, probate still applies, which defeats one of the main purposes of creating the trust. Legal shifts matter too. When Congress revises estate and gift tax laws, a trust that once saved money may now leave gaps. Keeping it current preserves the benefit.
Protecting your family’s future
If your parents assume a trust ends once they sign it, outdated instructions can expose the estate to probate, taxes or family fights. By pushing for regular reviews tied to both time and life events, you keep the trust functional and enforceable under New Jersey law. Encouraging your parents to revisit the trust with an attorney ensures the plan protects the family. It also spares you complications when the trust takes effect.