New Jersey Estate Planning Lawyer
Planning your estate with a professional attorney will allow you to protect and manage your funds now, while you are alive.
Estate planning is for everyone, despite the common myth that it is only for the wealthy. When you have spent years building a safety net for yourself and your family members, you want to protect what you have built and ensure it is handled in accordance with your wishes when you are no longer here.
At The Matus Law Group, our New Jersey estate planning attorneys are available to ensure that your legacy is preserved for your future and for the people you love. From drafting simple wills to designing asset-protection plans, our experienced lawyers can help you preserve your assets and carry out your wishes. With offices serving Monmouth County, Ocean County, and Middlesex County, we are ready to assist you.
Whether you are just starting or need to update an existing plan after a major life change, The Matus Law Group provides the legal guidance you need. Call us at (732) 785-4453 to schedule a consultation with a skilled New Jersey estate planning lawyer.
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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.
Why You Need an Estate Planning Attorney in New Jersey
Estate planning is a legal process that allows you to plan for future financial and personal decisions. Without a solid plan, your legacy may be subject to taxes, lengthy processes, and fees, and may be administered in a way that you would not have chosen.
An estate plan can offer the following protections and benefits for you and your family:
- Protection of your property
- Protection from financial risks such as divorce, probate costs, bankruptcy, lawsuits, disability, nursing home expenses, inheritance tax exposure, and other financial threats
- Protection of your financial well-being should you become incapacitated
- Guidance on who your property will be given to upon your death
- Documentation of your health care decisions and wishes if you become incapacitated
- Guidance on end-of-life decisions if you become terminally ill
Unexpected events can occur, making advance planning important, and having documentation in place helps prevent loved ones from dealing with intestate probate or guardianship proceedings.
What New Jersey Law Says if You Die Without a Plan
If you die without a will or estate plan in New Jersey, your probate assets are distributed under New Jersey’s intestacy laws, including N.J.S.A. §§ 3B:5-3 and 3B:5-4. These laws determine who may inherit based on surviving family relationships, including a surviving spouse, civil union partner, domestic partner, descendants, parents, siblings, and more distant relatives. When this happens, New Jersey’s intestacy laws control how probate assets are divided, and the estate administration process may be overseen through the Surrogate’s Court rather than directed by the choices you would have made in an estate plan.
Intestacy creates particular risks for unmarried partners, close friends, and blended-family situations because New Jersey’s statutory distribution rules may not benefit the people the decedent intended to protect. The court will also appoint an administrator for your estate rather than an executor of your choosing.
Key Takeaway: Without an estate plan, New Jersey intestacy laws determine who receives your property, which may differ from your intended outcomes. An estate plan lets you decide who receives your property, who manages your affairs, and how your family is protected.
Planning ahead with an experienced New Jersey estate planning attorney can help ensure your wishes are clearly documented and your family is protected. Call The Matus Law Group at (732) 785-4453 to schedule a consultation and discuss your estate planning options.
Key New Jersey Estate Planning Documents to Consider
Many estate plans include several important documents, depending on your age, health, family circumstances, and assets. Together, they ensure your wishes are considered and your legacy distributed accordingly.
Last Will and Testament
As the basis of most estate planning, your will is a document that legally distributes financial assets and real property according to your wishes. Under N.J.S.A. § 3B:3-2, a witnessed will in New Jersey generally must be in writing, signed by the testator or by someone signing for the testator as directed, and signed by at least two witnesses.
New Jersey law also recognizes certain handwritten writings intended as wills. Your will also names an executor to manage and settle your estate and can nominate a guardian for your minor children or dependents. Reviewing and updating your will after major life events ensures it continues to reflect your current wishes.
Durable Power of Attorney
A durable power of attorney (DPOA) authorizes another person to act on your behalf if you become physically or mentally incapable. This document covers financial decisions such as managing bank accounts, paying bills, handling real estate transactions, and overseeing investments. Without a DPOA in place, your family may need to petition the court for guardianship to handle your financial affairs.
Healthcare Power of Attorney
A health care proxy directive, often called a health care power of attorney, designates a specific person to make medical decisions on your behalf if you are no longer able to do so. This differs from a living will in that it appoints a decision-maker rather than outlining specific treatment preferences. Under New Jersey law, you may appoint a competent adult to serve as your health care representative.
While there are certain restrictions, an operator, administrator, or employee of a health care institution where you are a patient or resident generally may not serve as your health care representative unless that person is related to you by blood, marriage, domestic partnership, civil union, or adoption.
Living Will and Advance Medical Directive
A living will allows you to specify wishes about your medical care under certain conditions. Under New Jersey’s Advance Directives for Health Care Act, an advance directive may include a proxy directive, an instruction directive, or both. An instruction directive states a person’s wishes for future health care if they later lack decision-making capacity.
Revocable Living Trust
A revocable living trust is a legal arrangement that can hold assets and help avoid probate for assets properly transferred into the trust. A trust allows your beneficiaries to receive their inheritance without court involvement, offers privacy, and is particularly useful for individuals with real estate in multiple states, difficult family situations, or significant assets that would benefit from structured distributions.
Key Takeaway: The five core documents in a New Jersey estate plan are a will, durable power of attorney, healthcare power of attorney, living will, and revocable living trust. Each serves a different function, and together they ensure your financial, medical, and personal wishes are legally protected.
The Matus Law Group works directly with clients to create estate planning documents that reflect their specific needs and long-term goals. Call The Matus Law Group at (732) 785-4453 to schedule a consultation and put the right plan in place.
Wills vs. Revocable Living Trusts in New Jersey
Many New Jersey residents want to understand the differences between a will and a revocable living trust. Both are essential estate planning tools, but they function differently and offer distinct advantages depending on your situation.
A will sets out your wishes when you die. A revocable living trust goes into effect immediately, and you remain in full control of it until you die or become incapacitated, at which point the trustee you appointed steps in. Where a will and a revocable living trust conflict, the trust controls any assets transferred into it, since it is a separate legal entity outside probate’s authority.
Assets not placed in a revocable living trust may still need to pass through probate, which can involve court filings, additional time, fees, and less privacy than trust administration.
New Jersey Inheritance Tax Planning
Knowing about New Jersey’s tax treatment of estates is essential for protecting the value of your legacy. New Jersey eliminated its estate tax effective January 1, 2018. However, the state’s inheritance tax remains in effect under N.J.S.A. § 54:34-1. The inheritance tax depends heavily on the beneficiary’s relationship to the deceased, as well as the date-of-death value of the assets, debts, asset type, and whether the decedent was a New Jersey resident.
| NJ Inheritance Tax Class | Beneficiary Examples | Tax Rate |
|---|---|---|
| Class A | Spouse, civil union partner, domestic partner, parent, grandparent, child, legally adopted child, stepchild, grandchild, great-grandchild, and mutually acknowledged child | Exempt |
| Class C | Siblings, son-in-law, daughter-in-law | 11% to 16% (first $25,000 exempt) |
| Class D | Friends, unrelated individuals | 15% to 16% (exempt if under $500) |
| Class E | Qualified charities, religious institutions, educational and medical institutions, certain nonprofit organizations, and the State of New Jersey or its political subdivisions | Exempt |
Strategic use of trusts, beneficiary designations, and carefully timed lifetime gifting may help reduce inheritance tax exposure, but gifts made within three years of death may be presumed to have been made in contemplation of death.
Key Takeaway: Inheritance tax may still apply depending on the beneficiary’s relationship, making planning important. Proactive planning with an estate planning attorney may help reduce inheritance tax exposure.
The Matus Law Group can help you develop estate planning strategies to reduce potential inheritance tax exposure and protect the value of your assets. Call us at (732) 785-4453 to schedule a consultation and discuss tax-efficient planning options for your estate.
Special Needs Planning and Elder Law in New Jersey
Families with a loved one who has a disability or who may need long-term care face unique estate planning challenges. A poorly structured estate plan may affect a family member’s eligibility for essential government benefits such as Supplemental Security Income (SSI) and Medicaid.
A special needs trust allows you to set aside funds for a family member with a disability without affecting their SSI or Medicaid eligibility. First-party special needs trusts hold the beneficiary’s own assets, while third-party trusts are funded by family members. Both types allow the trustee to pay for supplemental needs such as education, recreation, and personal care that government benefits do not cover.
For elder law and Medicaid planning, families should be aware of the five-year look-back period under 42 U.S.C. § 1396p. Transfers for less than fair market value made within five years of certain Medicaid applications may result in a penalty period of ineligibility, unless an exception applies. Planning ahead with an attorney can help families structure their assets to qualify for Medicaid while still preserving wealth for future generations.
Key Takeaway: Special needs trusts protect a disabled family member’s government benefits while allowing supplemental support. Medicaid planning must account for the five-year look-back rule, making early planning essential for New Jersey families.
Estate Planning Attorney in New Jersey - The Matus Law Group
Christine Matus, Esq.
Christine Matus is an experienced New Jersey estate planning attorney who has served families since her admission to the New Jersey Bar and the U.S. District Court for New Jersey in 1995. She earned her J.D. from Touro College, Jacob D. Fuchsberg Law Center and holds a B.A. in Economics from Douglass College, Rutgers University. Christine is a member of the New Jersey State Bar Association, the American Bar Association, where she serves on its Advisory Panel, the Asian Pacific American Lawyers Association, and has held leadership roles with the Ocean County Bar Association.
In addition to her work as an estate planning attorney, Christine Matus is committed to public service and professional leadership. She serves on the Attorney Arbitration Committee and has held positions with the Attorney Ethics and Disciplinary Board and various nonprofit organizations. She is also a published contributor on elder law topics and frequently speaks on estate planning, special needs planning, and nonprofit compliance, reflecting her dedication to client advocacy and community education.
Protecting Minor Children: Guardianship and Your Estate Plan
One of the most important decisions parents can make in an estate plan is naming a guardian for their minor children. If no guardian is designated, the court may need to decide who should care for the children. N.J.S.A. § 9:2-5 addresses certain custody situations after the death of a custodial parent, including when court involvement is required.
A will allows you to name both a guardian for your children and a trustee to manage any inheritance until your children reach an appropriate age. The guardian and trustee do not need to be the same person. Your estate plan should also address financial needs through a testamentary trust that controls when and how assets are distributed. Staggered distributions at specific ages can protect young adults from receiving a large inheritance before they are financially mature.
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.
Benefits of a Comprehensive New Jersey Estate Plan
An estate plan protects your family, reduces costs, and ensures your wishes are honored. At The Matus Law Group, our estate planning lawyers meet with clients to understand their needs and find a plan that meets all of their requirements.
Avoiding New Jersey Probate
Probate proceedings in the Monmouth County Surrogate’s Court or Ocean County Surrogate’s Court are public, which means anyone can access information about your estate’s value and distribution. The Matus Law Group may be able to create a plan that allows your loved ones to bypass probate and receive their inheritance more quickly after you pass away.
Reducing Family Disputes Over Your Estate
Many estate disputes arise when a person dies without a clear, valid, and updated estate plan. Without one, the fate of your assets could be up to a judge who does not have the same insight as you about your family’s financial situation. An estate plan created by a trusted attorney familiar with New Jersey probate laws is the best way to ensure your voice is heard after your death.
Controlling How and When Assets Are Distributed
A comprehensive estate plan allows you to determine not only who receives your assets, but also when and how they receive them. Spendthrift provisions in a trust can protect a beneficiary’s inheritance from their creditors, and staggered distributions allow you to protect younger beneficiaries from receiving too much too soon.
The Matus Law Group works with New Jersey families to create estate plans that minimize costs, avoid unnecessary probate, and provide long-term protection for their loved ones. Call us at (732) 785-4453 to schedule a consultation and build a plan that reflects your priorities.
Common Estate Planning Mistakes New Jersey Families Make
These are some serious mistakes to avoid when creating or maintaining your New Jersey estate plan:
- Not having an estate plan in place: Putting your wishes in writing now ensures that your financial wishes and assets are properly handled.
- Having an outdated will: If your will was made years ago, it may not reflect recent life changes. Having your will updated periodically is critical.
- Not coordinating beneficiaries: Beneficiary designations on retirement accounts, life insurance policies, and annuities are legally binding and take precedence over your will.
- Making children joint owners of your assets: Joint ownership not only adds to their financial burdens but also allows their creditors access to your assets.
- Not putting plans for disability in place: Without plans for long-term or unexpected disability, there may be serious financial consequences for you and your family.
- Failing to fund your trust: Creating a revocable living trust but never transferring assets into it is one of the most common errors. An unfunded trust provides no probate avoidance because the assets remain in your individual name.
- Not planning for digital assets: Online accounts, digital photos, cryptocurrency, and social media profiles are part of your estate. Without instructions for accessing and managing these assets, they may be difficult for your family to access.
At The Matus Law Group, we can review your estate plan to identify potential issues and help you avoid costly mistakes that could affect your family. Call us today at (732) 785-4453 to schedule a consultation and make sure your plan is complete and up to date.
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.
When Should You Update Your New Jersey Estate Plan?
An estate plan is not a one-time document. Reviewing it regularly ensures that it continues to reflect your current wishes and circumstances. You should consider updating your estate plan after any of the following events:
- Marriage or divorce
- Birth or adoption of a child or grandchild
- Death of a spouse, beneficiary, or named executor
- A significant change in your financial situation, such as an inheritance, business sale, or property purchase
- A move to New Jersey from another state, since estate planning laws differ by jurisdiction
- A change in federal or state tax law that affects estate or inheritance taxes
- Diagnosis of a serious illness or disability
As a general rule, review your estate plan every three to five years, even if no major life event has occurred. Regular reviews help ensure that your documents remain current and legally effective under any recent changes to New Jersey law.
Service Areas
The Matus Law Group serves clients throughout New Jersey, including the following communities and counties:
- Monmouth County, including Red Bank, Freehold, Asbury Park, Long Branch, and Middletown
- Ocean County, including Toms River, Brick, Lakewood, and Point Pleasant
Our Monmouth County office is located at 125 Half Mile Rd Ste 200, Red Bank, NJ 07701. Call (732) 785-4453 to schedule a consultation.
Work with an Experienced New Jersey Estate Planning Attorney
Whether you need a simple will or a comprehensive plan that includes trusts, powers of attorney, healthcare directives, and special needs planning, having the right legal guidance makes a significant difference. Families across Red Bank, Monmouth County, Ocean County, trust The Matus Law Group for their estate planning needs.
Christine Matus has more than three decades of experience helping New Jersey families plan their estates and protect their legacies. As Founder and Owner of The Matus Law Group, she works directly with clients to understand their goals and create plans that address their unique circumstances. Our team handles everything from drafting estate planning documents to representing clients in the New Jersey Surrogate’s Court.
Call The Matus Law Group at (732) 785-4453 to schedule a consultation.
Frequently Asked Questions About New Jersey Estate Planning
What is the difference between a will and a trust in New Jersey?
A will takes effect at death and must go through probate. A trust takes effect when created and funded, and assets held in a trust pass to beneficiaries without probate. Many New Jersey residents use both documents as part of a comprehensive estate plan.
How much does estate planning cost in New Jersey?
The cost depends on the complexity of your plan. A simple will costs less than a comprehensive plan, including trusts, powers of attorney, and healthcare directives. Professional drafting is typically far less expensive than the problems caused by DIY documents or a missing plan.
Does New Jersey have an estate tax?
New Jersey eliminated its estate tax effective January 1, 2018. However, the state’s inheritance tax still applies to certain beneficiaries under N.J.S.A. § 54:34-1. Spouses, children, and grandchildren are exempt; siblings, friends, and other non-Class A recipients are not.
What happens if I die without a will in New Jersey?
Your probate assets are distributed according to New Jersey’s intestacy statutes, based on a fixed priority of surviving relatives. Unmarried partners and close friends generally do not inherit through intestacy, and stepchildren who were not legally adopted may inherit only in limited circumstances under New Jersey’s statutory order.
At what age should I start estate planning in New Jersey?
All individuals aged 18 or older should establish an estate plan. Unforeseen accidents or sudden illnesses can occur at any moment, and having documentation in place helps prevent loved ones from dealing with intestate probate or guardianship proceedings.
Can I write my own will in New Jersey without a lawyer?
New Jersey law does not require an attorney to draft a will. Under N.J.S.A. § 3B:3-2, a witnessed will generally must be in writing, signed by the testator or by someone signing as legally permitted, and signed by at least two witnesses. New Jersey law also recognizes certain writings intended as wills even if they do not meet all witnessed-will formalities.
What is a durable power of attorney and why do I need one in NJ?
A durable power of attorney authorizes someone you trust to manage your financial affairs if you become incapacitated. Without a DPOA, your family may need to petition the court for guardianship, which is time-consuming and expensive. A DPOA allows your agent to pay bills, manage investments, and handle real estate transactions on your behalf.
How do I protect a family member with disabilities in my estate plan?
A special needs trust allows you to leave assets for a family member with a disability without disqualifying them from SSI, Medicaid, and other government benefits. The trustee manages the funds for supplemental needs not covered by government programs. Selecting the right trustee is critical to ensuring the trust is properly administered over the beneficiary’s lifetime.
