Monmouth County Estate Planning Attorney
The Matus Law Group has been serving families in all areas of estate planning and real estate law for over 20 years. Christine Matus, Esq. and her law firm work closely with families to plan for sustained financial security and a lasting legacy for future generations.
Monmouth County families use estate planning to protect their assets, provide for loved ones, and ensure their wishes are honored during life and after death. A comprehensive estate plan may include a will, trust, power of attorney, healthcare directive, special needs planning, and long-term care planning strategies tailored to your family’s unique circumstances.
Matus Law Group, headed by experienced Monmouth County estate planning attorney Christine Matus, Esq., serves clients throughout Monmouth County and surrounding areas, including Freehold, Tinton Falls, Wall Township, Middletown, Long Branch, Asbury Park, and Toms River. Our team brings personal experience with special needs families to every engagement.
This page covers the estate planning tools available to New Jersey families. Whether your priority is protecting a disabled family member’s government benefits, shielding assets from long-term care costs, or ensuring your wishes are carried out after death, Matus Law Group has the experience and personal commitment to guide you through every step.
Call Matus Law Group at (732) 785-4453 to schedule a consultation and learn how a tailored estate plan can protect your family’s future.
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With over 20 years of experience, we are been New Jersey’s prominent estate planning lawyers. Here to assist in the matters of estate planning, estate administration, probate matters, special needs planning, elder law and Medicaid planning, and more. Contact Matus Law Group, headed by a top-rated estate planning Attorney Christine Matus to schedule a consultation today.
Estate Planning Services in New Jersey
A complete estate plan does more than distribute property after death. It protects your family during your lifetime, addresses incapacity, minimizes taxes, and ensures that your wishes are followed when you can no longer speak for yourself.
What a Complete Monmouth County Estate Plan Includes
New Jersey residents should consider the following documents as part of a thorough estate plan. Each document serves a distinct purpose, and gaps in any one area can leave your family exposed to court proceedings, unintended asset distribution, or loss of government benefits:
- Last will and testament
- Revocable living trust (when appropriate for your situation)
- Durable power of attorney for financial matters
- Advance healthcare directive (living will and healthcare proxy)
- Beneficiary designations on retirement accounts and life insurance
- Guardianship nominations for minor children
- Special needs trust (if a family member has a disability)
Why Estate Planning Cannot Wait
Without a plan, New Jersey’s intestacy statutes under N.J.S.A. 3B:5-1 et seq. dictate how your assets are distributed, which may not match your wishes. The court, rather than your family, would appoint a guardian for minor children and an administrator for your estate.
Key Takeaway: A complete New Jersey estate plan includes a will, trusts, powers of attorney, healthcare directives, and beneficiary designations. Without these documents, state intestacy laws and the courts make decisions for your family.
Ready to create or update your estate plan? Matus Law Group helps Monmouth County families develop customized strategies for wills, trusts, incapacity planning, and asset protection. Call (732) 785-4453 today to schedule a consultation.
Last Will and Testament
A will is a legal document that explains how a person’s probate property should be distributed after death and who should handle the estate. It is a foundational estate planning tool that is strongly recommended for adults in New Jersey, regardless of estate size.
What Your Will Controls Under New Jersey Law
A will names an executor, identifies beneficiaries for probate assets, nominates guardians for minor children, and gives instructions for distributing property that passes through the estate. Under N.J.S.A. 3B:3-2, a formally executed New Jersey will generally must be signed by the testator and witnessed by at least two individuals. The will is filed with the Monmouth County Surrogate’s Court in Freehold after the testator’s death, where the surrogate validates the document and appoints the named executor.
What Happens Without a Will in New Jersey
Without a will, many key decisions must be made by the courts in a long and expensive legal process. Under New Jersey intestacy law (N.J.S.A. 3B:5-3 through 3B:5-14), assets pass to a surviving spouse, children, and then more distant relatives in a fixed statutory order. Unmarried partners and close friends generally do not inherit under intestacy unless the partner qualifies as a surviving civil union partner or domestic partner under New Jersey law or is named in a valid estate plan.
The Monmouth County Surrogate’s Court in Freehold appoints an administrator, and a judge determines guardianship of any minor children. Acting before a crisis arises is the only way to ensure your family’s future is protected on your terms
Key Takeaway: A formally executed New Jersey will generally requires two witnesses, but New Jersey law may recognize certain writings intended as wills even if they do not meet the standard execution requirements.
Need help preparing or updating a will in Monmouth County? Christine Matus can draft a will that reflects your wishes, names the right decision-makers, and protects the people who matter most. Call (732) 785-4453 today to schedule a consultation.
Revocable Living Trusts
A revocable living trust is one of the most useful estate planning tools available to New Jersey families because it provides flexibility during your lifetime and a smooth transfer of assets after death. Unlike a will, a trust can take effect during your lifetime, but it must be properly funded to control the intended assets.
Benefits of a Living Trust for Monmouth County Families
Under the New Jersey Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.), a revocable living trust allows you to retain full control of your assets during your lifetime while naming a successor trustee to manage them if you become incapacitated or after your death. Unlike a will, which becomes a public record when filed with the Monmouth County Surrogate’s Court, assets properly titled in the trust generally remain private and avoid probate.
Revocable vs. Irrevocable Trust
A revocable trust can be amended or dissolved at any time during the grantor’s lifetime, making it ideal for probate avoidance and incapacity planning. An irrevocable trust, once established, may be used for Medicaid asset protection, federal estate tax planning, and creditor-protection strategies, depending on how it is drafted and funded.
The right trust can simplify asset transfers, maintain privacy, and provide continuity if you become unable to manage your affairs. To discuss whether a revocable or irrevocable trust fits your goals, call Matus Law Group at (732) 785-4453 to schedule a consultation.
Special Needs Trusts
A special needs trust allows families to set aside funds for a disabled family member without disqualifying them from essential government benefits like Supplemental Security Income (SSI) and Medicaid. Without this planning tool, an inheritance or legal settlement received directly by a disabled individual can reduce or jeopardize means-tested benefits, depending on the amount and the program rules.
How a Special Needs Trust Protects Your Loved One
A properly drafted special needs trust can hold assets for the benefit of a disabled individual while helping preserve eligibility for means-tested government programs. A first-party special needs trust, funded with the beneficiary’s own assets, is governed by 42 U.S.C. § 1396p(d)(4)(A).
A third-party special needs trust is funded by parents, grandparents, or other family members. Trust funds can pay for supplemental needs such as education, recreation, personal care attendants, and specialized equipment. Food payments no longer reduce SSI under SSA’s in-kind support and maintenance rules, but shelter-related payments such as rent, mortgage payments, and utilities can still affect SSI and should be handled carefully.
Pooled Trusts and Other Options for NJ Families
For beneficiaries whose circumstances make an individual special needs trust impractical, a pooled trust under 42 U.S.C. § 1396p(d)(4)(C) offers an alternative, managed by nonprofit organizations that combine contributions from multiple beneficiaries while maintaining separate accounts for each individual. New Jersey families may also consider NJ ABLE accounts, which generally allow up to $20,000 in annual contributions in 2026, with additional ABLE to Work contributions available for eligible working beneficiaries.
Key Takeaway: A special needs trust preserves government benefit eligibility while providing supplemental support for a disabled family member.
Every family wants the peace of mind that comes from knowing a loved one will be cared for in the future. Call Matus Law Group at (732) 785-4453 to discuss special needs planning options tailored to your family’s circumstances.
Medicaid Asset Protection Trusts
The cost of long-term care in New Jersey is substantial; in 2026, New Jersey nursing home costs commonly exceed $12,000 per month, with recent cost-of-care data showing median monthly costs around $12,775 for a semi-private room and $14,448 for a private room. Without proper planning, families may be forced to spend down significant countable assets to qualify for Medicaid coverage. A Medicaid asset protection trust is an irrevocable trust designed to preserve assets for your heirs while helping you meet New Jersey Medicaid eligibility requirements.
How a Medicaid Irrevocable Trust Works in NJ
When you transfer assets into an irrevocable Medicaid trust, those assets may be excluded from available resources for Medicaid eligibility purposes, provided the trust is properly drafted and funded, and the transfer falls outside the applicable five-year look-back period under Medicaid transfer rules. New Jersey Medicaid, administered under N.J.A.C. 10:71, reviews all asset transfers made within five years of a Medicaid application, and transfers during this period may result in a penalty period of ineligibility.
Long-Term Care Planning for Monmouth County Seniors
Families in Monmouth County should begin Medicaid planning at least five years before long-term care may be needed. When properly created and funded outside the look-back period, a Medicaid asset protection trust may help protect a family home, savings, and other assets from spend-down while preserving assets for intended heirs.
The earlier you begin Medicaid planning, the more options may be available to protect your home, savings, and other assets. To discuss Medicaid asset protection and long-term care planning strategies, call Matus Law Group at (732) 785-4453.
Estate Planning Attorney in Monmouth County - Matus Law Group
Christine Matus, Esq.
Christine Matus, Esq. is the founder of Matus Law Group and has been helping New Jersey families with estate planning, elder law, special needs planning, and asset protection matters for more than 30 years. Admitted to the New Jersey Bar and the U.S. District Court of New Jersey in 1995, she provides personalized guidance to individuals and families seeking to protect their assets and plan for the future.
In addition to her legal practice, Christine Matus is active in professional and community organizations throughout New Jersey. She has lectured on special needs planning and elder law topics, served in leadership roles with the Ocean County Bar Association and other nonprofit organizations, and is committed to helping families handle estate planning and long-term care decisions with confidence.
Powers of Attorney and Healthcare Directives
Incapacity planning ensures that someone you trust can make financial and medical decisions on your behalf if you are unable to do so. These documents are essential complements to a will or trust and should be executed while you have full legal capacity.
Durable Power of Attorney in New Jersey
A durable power of attorney under N.J.S.A. 46:2B-8.1 et seq. allows you to designate an agent to handle financial matters, including paying bills, managing investments, filing taxes, and conducting real estate transactions. Without a durable power of attorney, your family must petition the Monmouth County Superior Court, Chancery Division, for guardianship, a costly and time-consuming process.
Advance Healthcare Directive and Living Will
New Jersey’s Advance Directive for Health Care, authorized under N.J.S.A. 26:2H-53 et seq., combines a proxy directive (naming a healthcare agent) and an instruction directive (a living will specifying end-of-life wishes). Without an advance directive, medical providers may turn to the courts for guidance. Pairing your advance directive with a POLST form is recommended for individuals with serious illnesses.
Having the right documents in place today can help your loved ones avoid uncertainty and court involvement tomorrow. To learn more about incapacity planning in New Jersey, call Matus Law Group at (732) 785-4453.
Get in touch:
Call now to make an appointment to discuss your legacy planning needs with top NJ estate attorney Christine Matus. We are here to answer any questions you may have about planning for your future. These include questions about estate tax, estate and gift rules, different types of power of attorney, and much more (732) 785-4453.
Guardianship for Minors and Adults
Guardianship provides the legal authority to make decisions on behalf of a family member who cannot care for themselves. Guardianship matters in Monmouth County are handled through the Superior Court, Chancery Division (Probate Part), in Freehold.
Guardianship of Minor Children
Parents can nominate a guardian for their minor children in their will under N.J.S.A. 3B:12-25. If no guardian is named and both parents die or become incapacitated, the court appoints a guardian based on the child’s best interests. This is one of the most urgent reasons for young parents to create an estate plan.
Guardianship of Disabled Adults in Monmouth County
Under N.J.S.A. 3B:12-24.1 et seq., adult guardianship may be limited (covering specific decisions) or plenary (granting full decision-making authority). For families with disabled adult children, guardianship often works alongside a special needs trust. The petition is filed in the Monmouth County Superior Court, Chancery Division, and the court evaluates whether the individual lacks the capacity to make decisions independently.
NJ Estate Tax and Inheritance Tax Planning
New Jersey eliminated its separate estate tax for deaths on or after January 1, 2018, but it remains one of a small number of states that imposes an inheritance tax on certain beneficiaries.
New Jersey Inheritance Tax
Under N.J.S.A. 54:34-1 et seq., the New Jersey inheritance tax applies based on the beneficiary’s relationship to the deceased, not the size of the estate.
Beneficiary Class | Who Is Included | Tax Rate |
Class A | Spouse, civil union partner, domestic partner, parents, grandparents, children, grandchildren, stepchildren | Exempt |
Class C | Siblings, son-in-law, daughter-in-law | First $25,000: no tax; amounts above that: 11% to 16% |
Class D | All other beneficiaries (friends, cousins, distant relatives) | 15% to 16% |
Class E | Qualified charities, religious institutions, educational organizations | Exempt |
Proper planning through trusts, beneficiary designations, and gifting strategies may help reduce inheritance-tax exposure for Class C and D beneficiaries, depending on the beneficiary relationship, asset type, timing, and overall estate plan.
Federal Estate Tax Considerations
For deaths in 2026, the federal basic exclusion amount is $15 million per individual. It was $13.99 million in 2025. Most New Jersey families fall below this threshold, but the exemption is subject to change. For higher-net-worth families, strategies such as irrevocable life insurance trusts and lifetime gifting can reduce federal exposure.
Key Takeaway: New Jersey no longer has a separate estate tax, but its inheritance tax applies to siblings, in-laws, and unrelated beneficiaries at rates of 11% to 16%. Strategic trust and beneficiary planning may help manage or reduce this burden, depending on the beneficiary relationship, asset type, and transfer structure.
Inheritance taxes and beneficiary designations can significantly affect how much of your estate ultimately reaches your loved ones. To discuss tax-conscious estate planning strategies, call Matus Law Group at (732) 785-4453.
Get in Touch With Our Law Office:
Attorney Christine Matus networks with some of the finest local real estate property appraisers in NJ. This rich network of contacts helps to ensure that you will get the best quality support when appealing taxes with the local county tax offices.
Call now to make an appointment to discuss your NJ real estate needs with top NJ real estate lawyer Christine Matus.
We are here to help. Contact us at (732) 785-4453 or complete our online form.
Probate in Monmouth County, New Jersey
Probate is the court-supervised process of validating a will, appointing an executor, paying debts, and distributing assets to beneficiaries. Careful consideration of how this process works in Monmouth County helps families make informed decisions about whether trust-based planning is the right strategy to avoid it.
How the Monmouth County Probate Process Works
Probate in Monmouth County begins at the Surrogate’s Court, located at the Hall of Records, 1 East Main Street, Freehold, NJ 07728. The process follows these steps:
- File the original will with the Monmouth County Surrogate
- The surrogate reviews the will and appoints the named executor (or an administrator if there is no will)
- The executor gives required notices and handles valid creditor claims
- The executor inventories estate assets and pays outstanding debts
- The executor distributes the remaining assets to beneficiaries per the will
- The executor prepares an accounting and obtains beneficiary releases or court approval when required
New Jersey law under N.J.S.A. 3B:1-1 et seq. governs the probate process. Most straightforward estates take several months or longer, depending on creditor claims, tax filings, asset transfers, and whether disputes arise.
How Trusts and Proper Planning Help Avoid Probate
Assets held in a revocable living trust, accounts with named beneficiaries, and jointly-owned property all pass outside probate. A pour-over will serves as a safety net to transfer any remaining assets into the trust.
Key Takeaway: Probate in Monmouth County is handled through the Surrogate’s Court in Freehold. Trust-based planning may reduce court involvement and simplify asset transfers for loved ones.
Serving as an executor or managing probate after the loss of a loved one can feel overwhelming. Matus Law Group helps Monmouth County families understand their responsibilities and move through the probate process with confidence. Call (732) 785-4453 to learn more.
Service Areas
Matus Law Group serves families throughout Monmouth County, Ocean County, and central New Jersey. Communities served include Red Bank, Freehold, Middletown, Tinton Falls, Wall Township, Long Branch, Asbury Park, Holmdel, Toms River, and surrounding areas.
Our office is located at 125 Half Mile Rd #201A, Red Bank, NJ 07701, and is accessible to clients throughout the region. Call (732) 785-4453 to schedule a consultation at a time that is convenient for you.
Why Monmouth County Families Choose Matus Law Group
Choosing an estate planning attorney is an important decision. Monmouth County families turn to Matus Law Group for experienced guidance, personalized service, and comprehensive planning strategies designed to protect their loved ones and preserve their legacy.
- More than 30 years of estate planning experience in New Jersey
- Personal understanding of special needs families, with Christine Matus as a special needs parent herself
- Direct familiarity with the Monmouth County Surrogate’s Court in Freehold and the Superior Court, Chancery Division
- Full-service estate planning, from simple wills to complex Medicaid and special needs trust plans
- Serving Red Bank, Freehold, Holmdel, Middletown, Long Branch, Asbury Park, Tinton Falls, Wall Township, Toms River, and surrounding communities
Protect Your Family's Future with a Monmouth County Estate Plan
Estate planning is about more than preparing documents. It is about making informed decisions that protect your loved ones, preserve your assets, and ensure your wishes are carried out during life and after death. Whether you need a simple will, a revocable living trust, special needs planning, Medicaid asset protection, or assistance with probate matters, having a tailored plan in place can provide long-term peace of mind.
Christine Matus, Esq. has spent more than 30 years helping New Jersey families plan for the future. Matus Law Group handles every aspect of estate planning, from wills and powers of attorney to special needs trusts and Medicaid asset protection plans.
Call Matus Law Group at (732) 785-4453 to schedule a consultation. Our office is located at 125 Half Mile Rd #201A, Red Bank, NJ 07701, serving families throughout Monmouth County, Ocean County, and central New Jersey.
Frequently Asked Questions
What documents do I need in a New Jersey estate plan?
At a minimum, every New Jersey adult should have a last will and testament, a durable power of attorney, and an advance healthcare directive. Most complete plans also include one or more trusts depending on family circumstances and goals.
How does New Jersey's inheritance tax affect my estate plan?
New Jersey inheritance tax depends on the beneficiary’s relationship to the deceased. Class A beneficiaries, including spouses, civil union partners, domestic partners, parents, grandparents, children, and grandchildren, are exempt. Class C beneficiaries, including siblings and sons- or daughters-in-law, pay no tax on the first $25,000 received and then pay rates from 11% to 16%. Class D beneficiaries, including friends, cousins, and more distant relatives, are taxed at 15% to 16%.
What is a special needs trust and who needs one in NJ?
A special needs trust holds assets for a disabled individual without disqualifying them from SSI, Medicaid, or other means-tested government benefits. Both first-party and third-party trusts are available depending on the source of the funds.
How does the NJ Medicaid 5-year look-back rule work?
When you apply for Medicaid in New Jersey, the state reviews all asset transfers made during the previous five years. Transfers during this period may trigger a penalty period of ineligibility. Planning five or more years before care is needed allows you to use a Medicaid asset protection trust to shield assets legally.
Do I need a trust or is a will enough in New Jersey?
A will is essential but has limitations: it goes through probate, becomes public record, and does not protect you during incapacity. A revocable living trust avoids probate, keeps asset details private, and allows a successor trustee to manage your finances if you become incapacitated. Many Monmouth County families use both.
How does probate work at the Monmouth County Surrogate's Court?
A New Jersey will generally cannot be admitted to probate until after 10 days from the testator’s death. File the original will with the Monmouth County Surrogate’s Court in Freehold. The surrogate validates the will, appoints the executor, and the executor administers the estate by notifying creditors, inventorying assets, paying debts, and distributing property. Most straightforward estates are administered within nine to twelve months.
What happens if I become incapacitated without a power of attorney in NJ?
Without a durable power of attorney, your family must petition the Monmouth County Superior Court, Chancery Division, for a guardianship appointment, an expensive, time-consuming, and public process. A durable POA executed while you have capacity prevents this entirely.
