Call to speak to us now

Dan Posternock, Esq.
Managing Shareholder and Director of the Litigation and Business Practices
Jeffrey S. Apell, Esq.
Shareholder and Director of the Real Estate and Estate Practices
Erwin Apell, Esq.
Robyn Goldenberg, Esq.
Chief Operating Officer and Co-Director of the Estate Practice
Marie Maney, Esq.
Judith A. Schneider
Diana R. Sever, Esq.
Litigation and Special Education Team Leader

New Jersey Estate Planning Attorneys

Planning for Life’s Uncertainties

Navigating through life’s uncertainties requires not just vision but also meticulous planning and foresight. Estate planning is a crucial strategy for preserving your wealth, protecting loved ones, and leaving a legacy marked by wisdom and care. It is not merely for the wealthy; everyone benefits from a well-tailored estate plan that reflects their wishes and needs.

In New Jersey, laws and regulations uniquely shape the terrain of asset distribution and inheritance. A knowledgeable and experienced estate planning attorney is your indispensable ally. Whether you are initiating the estate planning process or refining an existing plan, this page serves as a comprehensive guide. Here, we unfold the definition and critical components of estate planning, underscore its undeniable benefits, and spotlight the potential risks associated with neglecting this pivotal task.

You will gain insights into the value of comprehensive estate planning, understanding its role as a shield safeguarding your family from future financial and legal predicaments. We’ll also walk you through the vital elements constituting an estate plan under New Jersey law and illuminate the path toward choosing an attorney whose experience aligns with your specific requirements and objectives.

Embarking on estate planning might seem daunting, yet with professional counsel, it transitions into a straightforward, empowering endeavor. Take the initial step towards financial prudence and peace of mind today by delving into the wealth of information provided on this page, and discover how our seasoned New Jersey estate planning attorney can usher you towards a future where your assets and your loved ones are accorded the protection they rightfully deserve.

Understanding the Basics of Estate Planning in NJ

Let’s get started by demystifying what estate planning in New Jersey really means. In simple terms, estate planning is your personal roadmap for taking care of your loved ones and your possessions, both while you’re rocking and rolling and when you’re not around anymore.

A Quick Overview of Estate Planning

Estate planning isn’t just about who gets your favorite watch or vacation home after you pass away. It’s a comprehensive approach to managing and distributing your assets, providing for your family, and even deciding who will take care of your beloved pets!

What are the Essential Components of an Estate Plan?

The exact contents of your estate plan will vary depending on your specific needs. There is no such thing as a cookie-cutter or one-size-fits-all estate plan, even though many online estate planning services will try to cram you into one.

However, there are a few things that most estate plans include:

Will: This is a legal document where you get to say who gets what. Without it, the state gets to decide, and they might not share your vision.

Trusts: These are nifty tools that let you set aside assets for specific people or causes, often with nice tax benefits!

Power of Attorney: Should there come a time when you can’t make decisions for yourself, this document ensures someone you trust can step in on your behalf.

Living Will & Healthcare Directive: These let you have a say in your medical treatment if you’re unable to communicate your wishes.

New Jersey Specific Estate Planning Laws

Every state has its quirks, and New Jersey is no exception. For example, we have inheritance taxes here (on top of federal estate taxes), so planning is extra crucial to keep your heirs from getting a hefty tax bill. Also, there are unique rules about how and when assets are distributed, which your estate planning attorney can guide you through.

You may find this brief explanation of some important New Jersey laws regarding estate planning. This is by no means an exhaustive list or detailed explanation of the law.

Inheritance Tax:

Overview: New Jersey is one of the few states with an inheritance tax. This tax is levied on certain inheritances, depending on the relationship between the deceased and the beneficiary.

Rate: The rate as of 2023 ranges from 11% to 16% and applies to estates worth $500 or more. The closer the familial relationship, the lower the rate, and some relatives (e.g., spouses, children) are entirely exempt.

Estate Tax:

Changes: Although New Jersey had an estate tax, it was repealed effectively on January 1, 2018. Individuals who died before this date with a taxable estate exceeding $2 million (the exemption limit for 2017) would still be subject to this tax.
Federal Implications: New Jersey residents are still subject to federal estate tax if their assets surpass the federal exemption threshold.

Intestacy Laws:

Overview: These laws apply when an individual dies without a will (intestate). In such cases, the state dictates the distribution of the deceased’s assets.
Distribution: Assets are distributed to close relatives in a specific order, beginning with the spouse and children, followed by other family members if there are no immediate relatives.

Probate Process:

Simplified Probate: For smaller estates, New Jersey offers a simplified probate process, reducing time and legal expenses.
Probate Exemptions: Certain assets, like those held in living trusts or joint tenancy, life insurance payouts, and retirement accounts, are not subject to the probate process.

Power of Attorney Laws:

Overview: New Jersey recognizes durable powers of attorney, allowing individuals to appoint agents to make financial decisions on their behalf should they become incapacitated.
Specificity Required: For certain decisions, like gifting assets, the power of attorney document must include specific permissions.

Advance Directive Laws:

Living Wills: Residents can establish living wills, outlining their preferences for end-of-life medical care.
Healthcare Proxy: Individuals can appoint a healthcare representative to make medical decisions on their behalf if they cannot do so.

Gift Tax:

No State Gift Tax: New Jersey does not impose its own gift tax, but residents must know the federal gift tax and its implications.

Homestead Protections:
While New Jersey doesn’t offer specific homestead protection, residents can utilize the federal exemption during bankruptcy to protect a portion of their home’s equity.

While this provides an overview, estate planning law is complex and continually evolving, so you should always consult with a qualified and experienced New Jersey estate planning attorney to understand the full implications of these laws on their individual situations and plans.

Estate Planning is Not Just for the Wealthy

Estate planning isn’t reserved for the rich and famous. People often make the mistake of thinking If you have anyone or anything you care about, it’s worth having a plan in place. From your home to your savings to your grandma’s ring, it’s all part of your “estate,” and planning helps ensure these are taken care of according to your wishes.

Think of estate planning as a gift you give to yourself and your loved ones – it’s the comfort and certainty in knowing that whatever happens, there’s a plan in place to take care of the people and things that matter most to you.

Still have questions, or are you ready to start planning? Contact us for more information or a consultation.

Advantages of Estate Planning in New Jersey

Estate planning, while perceived as a tedious process, is undeniably crucial for residents of New Jersey. Estate planning offers a multitude of benefits that significantly enhance your financial security and provide peace of mind for you and your loved ones.

Financial Security

Estate planning is an invaluable tool for the preservation and strategic allocation of your assets. This process not only aids in safeguarding your wealth but also guarantees that your assets are distributed with minimal losses to taxes and legal fees.

Assurance of Well-being

The knowledge that there is a well-defined plan in place provides immeasurable peace of mind. This preemptive measure ensures a level of certainty and comfort for your family, knowing that matters will proceed according to your explicit wishes.

Probate Avoidance

The often prolonged and expensive probate process can be efficiently circumvented through efficient estate planning. This approach facilitates a smoother transition of assets, relieving your family from potential legal complexities and financial burdens associated with probate.

Control Over Asset Distribution

Estate planning affords you the autonomy to delineate the distribution of your assets precisely as you envision. Whether the beneficiaries are family members, friends, or charitable organizations, estate planning allows you to allocate your resources according to your priorities and values. If you want to protect your assets so your child’s spouse would not be able to access it in a divorce, estate planning is a must.

Protection for Minors and Dependents

For individuals with minor children or dependents, the importance of estate planning is accentuated. It is imperative to establish a legally sound and clear plan for their guardianship and financial support in your absence.

Preparedness for Unforeseen Circumstances

Life’s unpredictability necessitates the establishment of directives for your healthcare and finances, safeguarding your interests if you are incapacitated and unable to make decisions independently.

Estate planning is a dynamic process, adapting and evolving in tandem with the significant milestones and changes in your life. Each new life event—be it marriage, the birth of a child, or the start of a business—presents an opportunity to reassess and modify your estate plan to ensure its continued relevance and efficacy.

Should You Use a Qualified Estate Planning Attorney or an Online Service to Prepare Your Estate Plan?

When planning for your estate’s future, you will find various online services offering easy and affordable estate planning solutions. While initially attractive, these platforms cannot provide the comprehensive, personalized legal assistance that a qualified estate planning attorney can offer.

Estate Planning Attorneys Provide a Customized Plan

Online services generally utilize a template approach, limiting your plan’s flexibility and customization. In contrast, a qualified attorney provides counsel that is meticulously tailored to your unique circumstances, assets, and estate planning objectives.

  • Personalized Approach: An attorney understands your specific needs and offers bespoke solutions, unlike the impersonal, one-size-fits-all templates online platforms rely upon.
  • In-Depth Consultation: Attorneys offer in-depth consultations, diving deep into your financial situation, family dynamics, and future goals to craft a plan that truly reflects your wishes.
  • Key Issues Addressed: An attorney can make sure that topics important to your family are addressed. For example, online forms may not ask about your special needs child and not cover the specific planning needed in this situation.

Estate Planning Attorneys have a Comprehensive Understanding of State Laws

Estate planning laws vary significantly from state to state, and New Jersey is no exception. A qualified estate planning attorney is well-versed in the intricacies of local legislation.

  • State-Specific Knowledge: With profound knowledge of New Jersey’s specific estate planning laws and regulations, an attorney ensures your plan’s compliance and effectiveness.
  • Legal Updates: Attorneys stay abreast of legal changes and amendments, ensuring your estate plan remains relevant and compliant over time. Laws change frequently and choices you make on an online form may be unenforceable.

Estate Planning Attorneys have the Ability to Handle Complex Estate Planning

Online services are often inadequate for handling complicated estates, blended families, business owners, or special needs dependents. An experienced attorney navigates these complexities with precision.

  • Complex Assets: For estates with various asset types, including businesses, investments, or properties in multiple states, a qualified attorney can adeptly manage and plan for these complexities.
  • Unique Family Dynamics: Attorneys can create plans addressing the nuances of your family structure and dynamics, providing solutions for guardianship, trusts for dependents with special needs, and more.

Estate Planning Attorneys Provide Ongoing Support and Advice

Establishing a relationship with an estate planning attorney provides ongoing support and legal counsel for life’s unexpected changes, whereas online services offer no such continuity.

  • Life Changes: Whether it’s marriage, birth, divorce, or death, attorneys can promptly update your estate plan to reflect life’s inevitable changes.
  • Ongoing Support: In times of uncertainty or legal amendments, having an attorney means you have someone to turn to for advice and adjustments to your plan.

While online services may seem convenient and cost-effective, the value, depth, and personalized service offered by a qualified estate planning attorney are unparalleled. An investment in legal advice today can protect your estate and provide peace of mind for both you and your loved ones in the years to come.

Frequently Asked Estate Planning Questions

  • What is estate planning?
    • Estate planning involves making preparations for the management and distribution of an individual’s assets upon their incapacitation or death. It includes creating wills, trusts, appointing beneficiaries, and setting up powers of attorney, among other arrangements.
  • Why is estate planning important?
    • It ensures that your assets are distributed according to your wishes, provides financial security for loved ones, minimizes taxes and legal expenses, and helps avoid familial conflicts over inheritance.
  • At what age should I start estate planning?
    • It’s wise to start estate planning as soon as you have assets or dependents to protect, regardless of your age. Life is unpredictable, and having a plan in place provides peace of mind and security for your loved ones.
  • Can I do estate planning by myself?
    • While it’s possible to create an estate plan on your own, consulting with a professional is advised due to the complex legal and financial considerations involved.
  • What documents are typically included in an estate plan?
    • Common documents include a will, durable power of attorney, living will, healthcare proxy, and possibly various trusts.

New Jersey-Specific Questions:

  • What are the specific estate planning laws in New Jersey I should be aware of?
    • New Jersey has specific laws related to inheritance tax, probate proceedings, intestacy, and power of attorney, among others. It’s crucial to familiarize yourself with these or consult an attorney for guidance.
    • The state imposes an inheritance tax ranging from 11% to 16% on certain inheritances. The rate and exemptions depend on the relationship between the deceased and the beneficiary.
  • Since New Jersey repealed its estate tax, how does it impact my estate planning?
    • With the repeal effective January 1, 2018, estates are no longer subject to state estate tax, potentially resulting in tax savings for the beneficiaries. Federal estate tax may still apply to larger estates. However, tax laws change regularly and the inheritance tax law could be reinstated at any time.The federal estate tax also changes and could substantially impact your estate planning.
  • What happens if I die without a will in New Jersey?
    • Dying intestate means your assets will be distributed according to New Jersey’s intestacy laws, which may not align with your wishes. Typically, assets are allocated to close relatives in a specific order.
  • How does the probate process work in New Jersey?
    • Probate is the legal process through which a deceased person’s estate is distributed. If there’s a will, assets are allocated according to the deceased’s wishes; without a will, state intestacy laws take precedence.

Document-Related Questions:

  • What is the difference between a will and a living will?
    • A will outlines asset distribution after death, while a living will specifies preferences for end-of-life medical care if you cannot communicate your wishes.
  • How can I change my will?
    • Wills can be modified through codicils or by drafting a new will. Any changes must comply with New Jersey’s legal requirements for will validity.
  • Do I need a trust in addition to a will?
    • Trusts offer additional control over asset distribution, tax benefits, and privacy. Whether you need one depends on your assets, family situation, and specific estate planning goals.
  • What is a durable power of attorney and why is it important?
    • A durable power of attorney allows a designated individual to make financial decisions on your behalf if you become incapacitated, ensuring that your affairs are managed according to your wishes.
  • Can I use online templates for estate planning documents?
    • While online templates are accessible, they might not address your unique needs and New Jersey’s specific legal requirements, potentially leading to issues in the future.

Attorney-Related Questions:

    • An attorney provides advice, helps avoid legal pitfalls, offers personalized service, and supports you in navigating complex legal and financial considerations in estate planning.
    • Consider their experience in New Jersey law, client reviews, range of services, communication style, and fee structure.
  • How often should I review my estate plan with an attorney?
    • Regular reviews are advisable, especially after major life events like marriage, divorce, birth of a child, or significant financial changes.
  • What should I bring to my initial consultation with an estate planning attorney?
    • Bring financial documents, a list of assets and debts, existing estate planning documents, and an outline of your estate planning goals.
  • How does an estate planning attorney charge for their services?
    • Fee structures vary; some charge flat fees for specific services, while others bill hourly. Discuss and agree upon the fee structure upfront.

Trusts and Asset Protection:

  • What types of trusts are available in New Jersey?
    • There are various trusts, including living trusts, testamentary trusts, revocable and irrevocable trusts, special needs trusts, and charitable trusts.
  • How do I set up a trust?
    • Trust establishment requires drafting a trust agreement, designating a trustee, and transferring assets into the trust. An attorney can guide you through this process.
    • Certain trusts, like irrevocable trusts, offer asset protection from creditors, lawsuits, and other financial liabilities.
  • What is the difference between revocable and irrevocable trusts?
    • Revocable trusts can be modified during your lifetime, while irrevocable trusts cannot be easily changed once established.
  • How can a trust benefit my beneficiaries?
    • Trusts offer controlled asset distribution, tax advantages, and protection from creditors, providing financial security for your beneficiaries.

Special Circumstances:

  • How can I plan for the care of a special needs dependent?
    • Special needs trusts can provide financial support for dependents with disabilities without jeopardizing their eligibility for government assistance.
  • How does estate planning differ for blended families?
    • Estate planning for blended families often requires careful consideration to balance the needs and wishes of both the current spouse and children from previous relationships.
  • Can I leave assets to a charity in my estate plan?
    • Charitable bequests can be outlined in your will or trust, allowing you to support organizations that align with your values and beliefs.
  • How can I ensure my pets are cared for after I pass away?
    • New Jersey allows for establishing pet trusts, ensuring that your pets receive proper care after your demise.
  • What provisions should I include in my estate plan for end-of-life decisions?
    • Living wills and healthcare proxies allow you to outline your preferences for medical treatment and designate someone to make decisions on your behalf if you’re unable.

Estate Planning with Path with Professional Guidance

Estate planning in New Jersey is a multifaceted process that demands careful consideration and strategic planning. With state-specific laws and various elements to consider, it’s vital to approach estate planning with a sense of gravity and diligence. Whether you’re planning for the welfare of your loved ones, safeguarding your assets, or ensuring that your wishes are respected, each aspect of estate planning serves a pivotal role in crafting a secure and predictable future.

However, the journey through the intricacies of estate planning need not be a solitary endeavor. Assistance, support, and professional guidance are available to help illuminate the path ahead, making the process manageable. An experienced estate planning attorney is more than just a legal advisor; they are your partner in planning for the future, offering invaluable insights and providing the clarity needed to navigate through the complex landscape of estate planning.

This guide serves as an introduction and overview, but the nuances of your personal situation require personalized attention. The tapestry of life is woven with unexpected events and changes, all of which impact your estate planning needs and strategies. Whether you’re initiating the planning process or adjusting your plan to accommodate life’s shifts, there is no substitute for the professional advice and assistance of a qualified New Jersey estate planning attorney.

So, as you contemplate the future and consider the legacy you wish to leave behind, remember that help and support are readily available. Start today by contacting Posternock Apell, PC,  New Jersey estate planning attorneys for the guidance and personalized service you need. The future may be uncertain, but with careful planning and support, you can approach it with confidence and peace of mind. Contact us today.

Call to Get Started Now!

Safe & Secure
Case Evaluation



Results May Vary Depending On Your Particular Facts And Legal Circumstances.