Estate Planning Services That Put Your Interests First
Our New Jersey Estate Planning Lawyers Can Help You Plan For The Future
Planning for your future and your family’s future can feel overwhelming. There are many legal issues you often need to consider. Even knowing where to begin might not seem clear, especially when you’re dealing with various family members, unfamiliar legal terms and how you want to distribute your assets as outlined in a last will and testament or another legal document.
At Williams Law Group, LLC, our New Jersey estate planning attorneys can help you navigate your way through the complex estate and probate processes. We have an in-depth understanding of New Jersey’s estate planning rules and regulations. That’s because our will attorneys have been doing this work for many years on behalf of individuals and families throughout New Jersey.
With offices in Parsippany and Short Hills, our extensive experience in estate planning and wills has taught us that it’s critical to carefully consider every detail when creating or revising such legal documents. What might seem minor could end up being a big issue, especially when it comes to your assets, property and personal wealth. We focus on the details so you can focus on the big picture – your family’s future.
– Andreia M.
FAQ About Estate Planning in New Jersey
When it comes to planning your estate, having the right information matters – and it’s just as important to get that information from a trusted legal authority who understands New Jersey law and puts your future first.
- What is estate planning in New Jersey, and why is it important?
- Who needs an estate plan in New Jersey – and when should you create one?
- What are common legal terms to know in New Jersey estate planning?
- What is a last will and testament?
- Is there more than one type of will in New Jersey?
- What is the difference between a will and a trust?
- What are common types of trusts?
- What is a contested will?
- Is probate mandatory in New Jersey?
- In New Jersey, what happens if you die without a will?
- Can I write a will without a lawyer in New Jersey?
- How do I choose the right executor or trustee for my New Jersey estate plan?
- What estate planning documents should same-sex couples in New Jersey consider?
- What documents should I have in place to protect my minor children in New Jersey?
- What’s the role of a power of attorney or healthcare proxy in New Jersey estate plans?
- Can estate planning help reduce or avoid estate taxes in New Jersey?
- What are the most common mistakes people make in New Jersey estate planning – and how can a lawyer help me avoid them?
- How do I get started with estate planning in New Jersey?
What is estate planning in New Jersey, and why is it important?
Estate planning is the process of preparing legal documents that protect your assets, your wishes, and your loved ones in the event of death or incapacity. In New Jersey, proper estate planning helps you maintain control over your property, avoid unnecessary legal complications, and reduce the emotional and financial burden on your family.
Key goals of a New Jersey estate plan typically include:
- Distributing Property: Ensuring your assets go to the people or charities you choose.
- Naming Representatives: Appointing trusted individuals to manage your affairs if you’re unable to.
- Protecting Dependents: Providing for minor children, elderly parents, or individuals with special needs.
- Avoiding Probate Delays: Reducing or eliminating the need for a lengthy court process.
- Minimizing Taxes: Using legal strategies to reduce state and federal estate tax liabilities.
Estate planning isn’t just about paperwork – it’s about protecting your future and the people you care about. A lawyer can guide you through the process to make sure nothing is left out.
Who needs an estate plan in New Jersey – and when should you create one?
Many people assume estate planning is only for the elderly or wealthy. In reality, almost every adult in New Jersey can benefit from a basic estate plan. The sooner you put one in place, the more options and control you’ll have.
You should consider creating an estate plan if you:
- Own a Home or Have Valuable Assets: Even modest estates should be planned for.
- Have Minor Children or Dependents: Legal guardianship arrangements should be made in advance.
- Are Part of a Blended Family: A plan helps prevent disputes between children, spouses, or ex-spouses.
- Want to Avoid Probate: Planning now can help your family avoid court delays and fees.
- Have Specific Wishes About Healthcare or Finances: Powers of attorney ensure your voice is respected if you become incapacitated.
Life changes – like marriage, divorce, having children, or buying property – are strong indicators it’s time to put a plan in place. A lawyer can help you start at any stage and revise your plan as your life evolves.
What are common legal terms to know in New Jersey estate planning?
One of the first things you might notice when considering estate planning is all the unfamiliar legal terms often used by estate planners or attorneys. Such language can be intimidating and confusing. That’s why we compiled a list of some of the most common estate planning terms and explained them in everyday language all of us can understand.
- Estate: This term simply refers to your financial assets, which can include property (your home, car, boat, other real estate, etc.), money (checking account or bank account savings), investments (retirement accounts, stocks or bonds) and anything of financial value.
- Will: Legal document that explains how you want to distribute your financial assets after your death in most cases. (Living will is slightly different and explained in more detail below.) Wills can be as detailed as you want when outlining what you want to do with your property after your death.
- Beneficiary: Someone who receives compensation and inherits something as outlined in a will.
- Executor: Person listed in the will who’s responsible for managing the estate of the deceased person.
- Testator: Person who created the will and signed their name on the will.
- Probate: The legal process after someone’s death in which several steps occur related to distributing someone’s assets as outlined in the will. First, the deceased person’s will must be verified as real and legally binding. Next, an executor is appointed as outlined in the will. Then, the deceased person’s assets can be distributed to beneficiaries as outlined in the will.
- Intestate: Legal term for someone who dies without a will or without a legally-binding will.
What is a last will and testament?
The term “last will and testament” is a more formal name for a will. It is a legal document that states how your assets should be distributed after your death. In New Jersey, it can also name a guardian for minor children and appoint an executor to carry out your wishes. Without a valid will, the state’s intestacy laws determine who inherits your property – which may not reflect your intentions. A properly drafted will can prevent family disputes and costly delays in probate court.
Is there more than one type of will in New Jersey?
Yes, there are several different types of wills that most people create or need to deal with in New Jersey. These include:
- Simple Will: Sometimes referred to as a basic will, a simple will is a straightforward legal document that often lists your financial assets and the beneficiaries who inherit your assets after your death. A simple will also names and designates the will’s executor and other important details. Like other wills, a simple will clearly explains what someone wants to do with their belongings after their death. In addition, the goal of a simple will is to hopefully prevent any disputes between family members or friends about someone’s valuable assets and family heirlooms.
- Living Will: This type of will applies to someone who is still alive but is unable to communicate. In a living will, someone explains their end-of-life choices, such as medical treatment and life-sustaining measures, that become effective when the person who created the will is no longer able to communicate.
- A living will can include specific instructions for different medical issues, including do-not-resuscitate orders, use of breathing or feeding tubes, as well as instructions about organ donation or palliative care, a medical term for providing pain relief for people with serious or life-threatening illnesses.
- Joint Will: Sometimes referred to as mirror wills, these documents are typically made by married couples or domestic partners to secure each other’s financial future. Each person has their own will, but both agree to leave all their possessions and financial assets to the surviving partner. However, changing a joint will can be challenging if one spouse or partner dies. For example, a joint will may stop the surviving spouse from updating the will to address new situations, such as remarriage or having stepchildren.
- Testamentary Trust: Sometimes called a will trust or trust under will, a testamentary trust is a legal arrangement outlined in someone’s will that designates someone as a trustee who’s responsible for distributing someone’s assets as outlined in the will. The purpose of a testamentary trust is often to make sure someone’s assets are managed responsibly by the trustee if the beneficiaries are younger and not yet old enough to manage the estate.
What is the difference between a will and a trust?
While wills and trusts might seem similar, there are subtle differences between them from an estate planning perspective. As explained above, a will is a legal document that details how someone wants their assets distributed after their death.
In contrast, a trust becomes legal and can go into effect whenever the person who created the trust (called the grantor) wants, even if the grantor is still alive. The person who created the trust can place their assets in the trust. A trust also designates someone to serve as a trustee and have control over the assets in the trust.
What are common types of trusts?
In general, there are two main types of trusts in estate planning:
- Revocable Trust: The person who created the trust (called the grantor) can change or cancel a revocable trust at any time for any reason. The grantor also still owns the assets placed in a revocable trust. The grantor must also pay any taxes owed on assets placed in a revocable trust.
- Irrevocable Trust: An irrevocable trust cannot be canceled or changed for any reason by the person who created the trust. As a result, the grantor no longer owns the assets placed in an irrevocable trust. In addition, the irrevocable trust is responsible for paying any taxes owed on assets it holds.
What is a contested will?
This is a legal situation in which someone challenges the legality of a last will and testament. Often, a will is contested by a family member not named as a beneficiary in a will. Such conflicts often emerge after someone dies during probate, when anyone can theoretically contest a will and claim that a will is not valid.
A contested will can be a complicated, combative legal process. This is why it’s critical that you have an experienced New Jersey estate planning attorney who can offer you advice and help guide you through this legal process.
Is probate mandatory In New Jersey?
In most cases, yes. Probate is mandatory in New Jersey when it comes to verifying whether a last will and testament is real and legally binding. During probate, the executor of the will is also named, normally as outlined in the deceased person’s will.
In New Jersey, probate is handled by one of two state courts – either a New Jersey Surrogate's Court or a New Jersey Superior Court, Chancery Division, Probate Part. Often, a Surrogate’s Court will handle probate-related issues. These courts are organized throughout the state geographically on a county-wide basis.
The only time probate is not mandatory is if the deceased person created a trust instead of a will. This is because the deceased person’s assets were already previously placed in the trust and managed by the trust’s trustee.
In New Jersey, what happens if you die without a will?
As briefly explained above, the legal situation in which someone dies without a will is known as intestate. When this happens, the deceased person’s assets are divided based on New Jersey’s intestate laws, which have very clear rules and regulations for how someone’s assets should be distributed.
A New Jersey Surrogate's Court judge must also decide whether to appoint an administrator to assist with the distribution of the deceased person’s assets. In many cases, a judge will appoint an administrator if the deceased person had significant assets.
Not surprisingly, there’s often a great deal of debate about what to do with someone’s assets if there is no last will and testament. As a result, such legal battles can often take a long time and significantly extend the probate process in New Jersey.
Can I write a will without a lawyer in New Jersey?
Technically, yes, you don’t need an attorney to create a legally binding will in New Jersey. However, as you can see, there are so many different ways that a will can be invalidated or challenged if a will is not created properly.
This is why many people choose to work with an experienced New Jersey will attorney. That way, they can be sure their financial assets and important personal belongings will be distributed as outlined in their last will and testament.
How do I choose the right executor or trustee for my New Jersey estate plan?
Your executor or trustee should be someone trustworthy, organized, and capable of handling complex financial and legal responsibilities. In New Jersey, the person must be at least 18 and of sound mind, and ideally lives locally – someone familiar with county surrogate courts, such as those in Morristown or Newark, can help streamline the process. If you're concerned about potential conflict among family members, a neutral third party like a professional fiduciary or attorney may be a better choice. A lawyer can help you weigh the pros and cons of each option and avoid common missteps, like naming someone who is unwilling or legally ineligible to serve.
What estate planning documents should same-sex couples in New Jersey consider?
Even with equal marriage rights in New Jersey, same-sex couples can face unique legal, familial, and logistical challenges when it comes to estate planning. Having the right documents in place can ensure your relationship is legally recognized and your wishes are respected.
Important documents to consider include:
- Last Will and Testament: To direct asset distribution and name a personal representative.
- Revocable Living Trust: To manage and distribute assets outside of probate court.
- Healthcare Proxy: To name your partner as the person authorized to make medical decisions.
- Power of Attorney: To grant legal authority over finances if you become incapacitated.
- Cohabitation or Domestic Partnership Agreements: Especially useful for unmarried couples.
- Beneficiary Designations: On retirement accounts, life insurance, and other financial assets.
Because family dynamics or outdated laws can complicate matters, working with an attorney who understands the issues facing same-sex couples can offer peace of mind and legal protection.
What documents should I have in place to protect my minor children in New Jersey?
For parents, estate planning is about more than money – it’s about safeguarding your children’s future. If something happens to you, the legal documents you leave behind can determine who raises your child, how their inheritance is managed, and what kind of care they receive.
Every New Jersey parent should consider:
- A Will with Guardianship Provisions: To name the person who should raise your children if you pass away.
- A Testamentary Trust or Living Trust: To manage your children’s inheritance until they’re old enough.
- A Letter of Intent: To explain your wishes about schooling, healthcare, and routines.
- Temporary Guardianship Documents: For short-term emergencies.
- Life Insurance Policies: To ensure financial stability for your children after your passing.
Without these documents, custody and financial decisions could be left to the courts – and may not reflect your preferences. An attorney can help you create a plan that puts your children’s safety and well-being first.
What’s the role of a power of attorney or healthcare proxy in New Jersey estate plans?
A power of attorney lets someone you trust manage your finances if you're incapacitated, while a healthcare proxy (also called an advance directive) gives someone the legal authority to make medical decisions on your behalf. In New Jersey, these documents can be essential if you're hospitalized at places like Morristown Medical Center or Hackensack University Medical Center and unable to communicate. Without them, your family may need to petition the court for guardianship, which is time-consuming and emotionally difficult. Having these documents in place ensures your wishes are followed and reduces stress for loved ones during medical emergencies.
Can estate planning help reduce or avoid estate taxes in New Jersey?
Yes – while New Jersey no longer has a state estate tax, it does impose an inheritance tax on some beneficiaries who are not close relatives. Estate planning tax strategies like gifting, setting up irrevocable trusts, and properly titling assets can help minimize or avoid this tax burden. For example, if you own real estate near Lake Hopatcong or investment property in Morris County, planning ahead can keep those assets in the family without triggering excessive taxes. An experienced estate planning lawyer can identify opportunities for tax savings and make sure your plan complies with both state and federal laws.
What are the most common mistakes people make in New Jersey estate planning – and how can a lawyer help me avoid them?
Estate planning mistakes are often unintentional – but they can have devastating consequences for families. Some errors stem from outdated documents, while others come from trying to do it all without legal help.
The most common estate planning mistakes in New Jersey include:
- Not Having a Plan at All: Dying intestate means the state decides who inherits.
- Failing to Update Documents: Life changes like divorce, births, and deaths often go unreflected.
- Using DIY Forms That Don’t Meet NJ Legal Standards: These documents may be invalid or unenforceable.
- Forgetting to Fund A Trust: An empty trust offers no protection or probate avoidance.
- Mismatched Beneficiary Designations: Conflicts between wills and account forms can trigger legal disputes.
- Naming the Wrong Representatives: Choosing someone who’s unqualified or unwilling can derail your plan.
An estate planning lawyer does more than draft documents – they ensure every piece of your plan works together to protect your legacy and your loved ones.
How do I get started with estate planning in New Jersey?
Starting your estate plan may feel overwhelming – but taking the first step is easier than most people expect. A good lawyer will walk you through the process, explain your options, and make sure nothing gets overlooked.
Here’s how to begin:
- Schedule a Consultation with an Estate Planning Lawyer: This is where your goals and concerns are discussed.
- Gather Basic Information: This includes family relationships, assets, debts, and existing documents.
- Decide on Your Key Representatives: Think about who you trust to act as guardian, executor, trustee, or agent.
- Review Your Current Financial and Legal Documents: This helps identify any conflicts or gaps.
- Work with Your Lawyer to Draft and Finalize Your Plan: Once everything is clear, your documents will be prepared and signed.
Your future – and your family’s security – deserve careful planning. A lawyer with estate planning experience in New Jersey can help you get started with clarity and confidence.
Learn How Our New Jersey Estate Planning Attorneys Can Help You
Experience matters when it comes to choosing the right estate planning lawyer in New Jersey. That’s why many people choose an attorney at Williams Law Group, LLC. Our legal team has the knowledge and the skills you need to create a will, trust or another effective estate planning document. We know the pros and cons of each legal document and can explain them to you so you can decide which approach makes the most sense for you.
Put your trust in an experienced New Jersey estate planning lawyer focused on your personal needs. Contact us and schedule an appointment today. Our law firm has two New Jersey office locations – Short Hills and Parsippany.
Williams Law Group, LLC – the law firm for your life.