Ocean County Estate Planning Attorney
Planning your estate is one of the most important things you can do to protect your family’s legacy. No matter your situation, you deserve the best legal advice. At Matus Law Group, we are here to help.
Estate planning helps individuals and families prepare for the future by creating legal documents that protect assets, provide instructions for medical and financial decision-making, and ensure property is distributed according to their wishes. A comprehensive estate plan may include a will, revocable living trust, powers of attorney, healthcare directives, special needs planning, and strategies to address long-term care concerns.
Our Ocean County estate planning attorneys help New Jersey families with estate planning, elder law, special needs planning, Medicaid planning, probate, and guardianship matters. At Matus Law Group, she works closely with clients throughout Ocean County and across New Jersey to develop strategies designed to protect their loved ones and preserve their legacy.
On this page, you’ll learn about the important estate planning tools available to New Jersey families. If you would like guidance tailored to your family’s needs, call Matus Law Group at (732) 281-0060 to schedule a consultation.
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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 We Offer in Ocean County, NJ
Matus Law Group provides a full suite of estate planning services designed to protect New Jersey families during life, in the event of incapacity, and after death. The administration of estates, wills, and trusts is primarily governed by N.J.S.A. Title 3B. A comprehensive estate plan, however, also involves other important statutes addressing matters like powers of attorney and healthcare directives.
Last Will and Testaments
Anyone who has assets should have a will properly drafted and executed to establish an executor, beneficiaries, guardianship of minor children, and how assets will be disbursed. Without a will, New Jersey intestacy laws determine who receives probate assets, and a court may need to decide related issues such as guardianship for minor children. Under N.J.S.A. 3B:3-2, a New Jersey will generally must be in writing, signed by the testator, and signed by at least two witnesses.
If you die without a will in New Jersey, your assets are distributed according to intestate succession rules under N.J.S.A. 3B:5-3. These rules may not reflect your wishes. For example, if you are married with children from a prior relationship, your surviving spouse may not inherit the full estate, and your children’s shares may differ from what you intended.
Powers of Attorney and Advance Healthcare Directives
A durable power of attorney allows you to appoint a trusted person to manage your financial affairs if you become incapacitated. In New Jersey, durable powers of attorney are governed by the Revised Durable Power of Attorney Act, N.J.S.A. 46:2B-8.1 et seq.; execution formalities appear in N.J.S.A. 46:2B-8.9. Without a durable power of attorney, your family may need court involvement to manage finances if you become incapacitated.
An advance healthcare directive allows you to specify your medical treatment preferences and appoint a healthcare representative under the New Jersey Advance Directive for Health Care Act (N.J.S.A. 26:2H-53 et seq.). Together, a power of attorney and an advance healthcare directive ensure that both your finances and your medical care are handled by people you trust if you cannot make decisions yourself.
Key Takeaway: Every adult in New Jersey should have a will, a durable power of attorney, and a healthcare advance directive. Without these documents, default legal rules or court proceedings may control important decisions about your assets, finances, and medical care instead of the people you would have chosen.
Need help creating or updating your estate plan? Christine Matus and the team at Matus Law Group can help. Call (732) 281-0060 to schedule a consultation and take the next step toward protecting your loved ones and your future.
Living Trusts and Revocable Trusts in New Jersey
A revocable living trust allows you to transfer ownership of selected assets to a trust during your lifetime, maintain control while you are alive, and direct how properly funded trust assets pass after death without probate. After death, a will admitted to probate is filed with the Ocean County Surrogate’s Court and becomes part of the probate record. A funded living trust can remain private and can also provide management during incapacity.
How a Living Trust Avoids Probate in Ocean County
Assets properly held in a living trust are administered by the trustee and distributed according to the trust terms without being admitted to probate through the Surrogate’s Court. Probate in Ocean County is administered by the Ocean County Surrogate’s Court.
Most estate plans that include a living trust also include a pour-over will, which directs any assets not transferred into the trust during your lifetime to be placed into the trust after death. This helps capture assets inadvertently left outside the trust, but those assets may still need to pass through probate before being transferred into the trust.
Who Should Consider a Revocable Trust in NJ?
A revocable living trust is particularly valuable for homeowners in Ocean County with real property, blended families with children from prior marriages, clients who own property in multiple states, and seniors who want a plan for managing their assets during incapacity. New Jersey repealed its state estate tax in 2018, but the federal estate tax still applies to estates exceeding the current federal exemption threshold. For 2026, the basic exclusion amount is $15 million per individual.
A living trust can be a powerful planning tool, but it only works as intended when it is properly drafted, funded, and coordinated with the rest of your estate plan. To discuss whether a revocable trust is right for your Ocean County family, call Matus Law Group at (732) 281-0060.
Medicaid Asset Protection Trusts
Long-term care in New Jersey is among the most expensive in the country. New Jersey median nursing home costs are about $13,134 per month for a semi-private room and $15,232 per month for a private room. New Jersey Medicaid (NJ FamilyCare) can help cover long-term care costs, but eligibility requires meeting strict asset limits.
For a single applicant, countable assets generally cannot exceed $2,000. A Medicaid Asset Protection Trust (MAPT) is an irrevocable trust designed to shelter assets from Medicaid’s spend-down requirements while preserving them for your family.
How a Medicaid Trust Protects Ocean County Families
When assets are transferred into a properly structured irrevocable MAPT, they may be treated as unavailable for Medicaid eligibility purposes after the applicable transfer rules and look-back period are satisfied. However, federal law under 42 U.S.C. § 1396p(c)(1) imposes a five-year look-back period, meaning any asset transfers made within five years before your Medicaid application may result in a period of ineligibility. The trust must be irrevocable, meaning you give up direct ownership and control of the assets.
Medicaid Planning Timing: Why Early Action Matters
The five-year look-back period makes early planning essential. If you wait until a health crisis to transfer assets, you may face a penalty period during which Medicaid will not cover your care. Spousal impoverishment protections under New Jersey rules allow a community spouse to retain a community spouse resource allowance (CSRA), but these protections have limits.
Key Takeaway: A Medicaid Asset Protection Trust may help protect certain assets from Medicaid spend-down requirements when it is properly structured, funded, and implemented early enough. Waiting too long limits your options and may leave your family exposed to the full cost of nursing home care in New Jersey.
If you are concerned about future long-term care costs or want to explore whether a Medicaid Asset Protection Trust may fit your family’s goals, call Matus Law Group at (732) 281-0060 to schedule a consultation.
Special Needs Trusts for Ocean County Families
A properly drafted special needs trust preserves a disabled beneficiary’s eligibility for SSI and Medicaid while providing supplemental financial support for a lifetime.
First-Party vs. Third-Party Special Needs Trusts
A first-party special needs trust, established under 42 U.S.C. § 1396p(d)(4)(A), is funded with the disabled beneficiary’s own assets, such as proceeds from a personal injury settlement or an inheritance received directly. Federal law requires that any assets remaining in a first-party trust at the beneficiary’s death must be used to reimburse Medicaid for benefits paid during the beneficiary’s lifetime.
A third-party special needs trust is funded by family members using their own assets. There is no Medicaid payback requirement with a third-party trust. For Ocean County families planning for a child or adult with a disability, a third-party trust is typically part of the parents’ broader estate plan.
What a Special Needs Trust Can and Cannot Pay For
A special needs trust can pay for supplemental items and services not covered by government benefits, including the following categories of support for the beneficiary:
- Education and tutoring
- Recreation and entertainment
- Transportation and vehicle modifications
- Technology, computers, and communication devices
- Therapies not covered by Medicaid
- Clothing and personal care items
The trust should be cautious about paying shelter expenses directly, because shelter support can affect SSI. Food is no longer included in SSI in-kind support and maintenance calculations under SSA rules effective September 30, 2024. The trustee has discretionary authority to make distributions that improve the beneficiary’s quality of life while reducing the risk of jeopardizing benefit eligibility. New Jersey nonprofits also offer pooled trust options for beneficiaries who do not have a family trustee available.
Key Takeaway: Choosing between a first-party and third-party trust depends on the source of the funds and the family’s long-term goals.
Planning for a loved one with a disability requires careful coordination between your estate plan, government benefits, and long-term care goals. To discuss special needs planning strategies tailored to your family’s circumstances, call Matus Law Group at (732) 281-0060 to schedule a consultation.
Ocean County Estate Planning Attorney - Matus Law Group
Christine Matus, Esq.
Christine Matus, Esq. is the founder of Matus Law Group and has spent more than 30 years helping New Jersey families create estate plans that protect their loved ones, preserve assets, and prepare for the future. Her practice focuses on estate planning, elder law, special needs planning, Medicaid planning, probate, guardianship, and asset protection strategies tailored to each client’s unique circumstances.
In addition to her legal practice, Christine Matus is actively involved in professional and community organizations throughout New Jersey. She has presented educational programs on estate planning, elder law, and special needs planning, and has served in leadership roles within legal and nonprofit organizations. Her commitment to helping families make informed decisions has made her a resource for clients throughout Ocean County and across New Jersey.
Guardianship in New Jersey: Protecting Vulnerable Adults
Guardianship is a legal process in which a court appoints a person to make personal, medical, or financial decisions for an individual determined to lack the capacity to do so themselves. A POA is a planning tool you execute while competent; guardianship is a court-ordered arrangement that may be needed when less restrictive planning tools are unavailable, insufficient, or legally ineffective. Ocean County guardianship matters proceed through the Superior Court, Chancery Division. The Ocean County Surrogate serves as clerk of the Superior Court, Chancery Division, Probate Part.
Guardianship for Adults with Disabilities in NJ
Guardianship of incapacitated adults in New Jersey is governed by N.J.S.A. 3B:12-24. The process generally requires filing a verified complaint and submitting required medical affidavits or certifications, typically from two physicians or from one physician and one licensed practicing psychologist. The court may grant plenary (full) guardianship or limited guardianship depending on the individual’s needs.
For Ocean County families with a child with disabilities approaching age 18, guardianship planning is often coordinated alongside a special needs trust to ensure both legal authority and financial protection are in place before the child reaches adulthood. Addressing guardianship and trust planning together helps avoid gaps in legal authority that can arise when a disabled child turns 18 and parental decision-making rights no longer automatically apply.
Guardianship decisions can affect a loved one’s independence, care, finances, and long-term support. If your family is considering guardianship for an adult with disabilities or another vulnerable loved one in Ocean County, call Matus Law Group at (732) 281-0060 to discuss your options.
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Regardless of the size of your legacy, The Matus Law Group offers complete estate planning services to protect assets in the event of death, life challenges, and financial threats.
To make an appointment, call now (732) 281-0060.
Probate and Estate Administration in Ocean County, NJ
Probate is the legal process of admitting a deceased person’s will and issuing authority to the executor or administrator to handle estate administration. In Ocean County, probate is administered by the Ocean County Surrogate’s Court at 118 Washington Street, Toms River, NJ 08753. The probate process in New Jersey is governed by N.J.S.A. Title 3B.
The Probate Process in Ocean County
The probate process in New Jersey generally follows these steps, from filing through final distribution of the estate:
- File the original will with the Ocean County Surrogate’s Court
- The Surrogate admits the will to probate and issues authority to the named executor, or appoints an administrator if there is no valid will or executor
- The executor provides required notices to heirs and beneficiaries and addresses creditor claims.
- The executor prepares an inventory and appraisal of estate assets
- Debts, expenses, and applicable New Jersey inheritance taxes are paid
- The executor prepares any required accounting or releases and distributes remaining assets to beneficiaries
Generally, creditors must present their claims within nine months of the decedent’s death, as required under N.J.S.A. 3B:22-4. The full probate process typically takes 9 to 18 months, depending on the complexity of the estate.
NJ Inheritance Tax and Estate Tax Considerations
New Jersey eliminated its state estate tax in 2018 but retained its inheritance tax under N.J.S.A. 54:34-1 et seq. The inheritance tax rate and exemptions depend on the beneficiary’s relationship to the deceased.
Beneficiary Class | Relationship to Deceased | NJ Inheritance Tax Rate |
Class A | Spouse, civil union partner, domestic partner, parent, grandparent, child, legally adopted child, grandchild, great-grandchild, stepchild, and mutually acknowledged child | Exempt |
Class C | Sibling; spouse, surviving spouse, civil union partner, or surviving civil union partner of a child of the decedent | First $25,000 exempt; amounts above that taxed at 11% to 16% |
Class D | Anyone not included in Classes A, C, or E | 15% to 16% |
Class E | Qualified charities, religious institutions, educational and medical institutions, qualifying nonprofits, and the State of New Jersey or political subdivisions | Exempt |
Transfers to Class A beneficiaries are fully exempt from New Jersey inheritance tax. Transfers to Class C beneficiaries are taxed on amounts above the applicable exemption at 11% to 16%, while Class D beneficiaries are generally taxed at 15% to 16% under N.J.S.A. 54:34-2. Matus Law Group helps families structure their estate plans to minimize inheritance tax exposure where possible.
Key Takeaway: New Jersey no longer has a state estate tax, but the inheritance tax still applies to transfers to non-exempt beneficiaries such as siblings, nieces, nephews, and friends.
Probate and estate administration can involve court filings, creditor issues, tax considerations, and complex family dynamics. Whether you are serving as an executor or have questions about a loved one’s estate, call Matus Law Group at (732) 281-0060 to discuss your situation and the next steps under New Jersey law.
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) 281-0060 or complete our online form.
Elder Law and Long-Term Care Planning
Ocean County has a large population of retirees in communities like Holiday City, Leisure Village, and Silverton in Toms River. Elder law addresses the legal needs of seniors facing long-term care, incapacity, and asset protection challenges, and overlaps with estate planning to help seniors and their families prepare for the financial and legal realities of aging.
Veterans Benefits and Estate Planning in Ocean County
Qualifying veterans and surviving spouses may be eligible for the VA Aid and Attendance pension benefit, which provides additional monthly income to help cover the cost of long-term care. Proper elder law planning in New Jersey can help preserve VA benefit eligibility alongside Medicaid eligibility. The Ocean County Veterans Service Bureau, located at 1027 Hooper Avenue in Toms River, can assist veterans with benefit applications.
Ocean County and Toms River Estate Planning Service Areas
Matus Law Group serves families throughout Ocean County and beyond from its centrally located Toms River office. Our team handles estate planning, special needs planning, Medicaid planning, guardianship, probate, and elder law matters for clients across the following communities:
- Toms River
- Brick Township
- Lakewood
- Point Pleasant
- Barnegat
- Stafford Township (Manahawkin)
- Little Egg Harbor
- Manchester Township
- Jackson Township
- Berkeley Township
- Lacey Township
- Beachwood
- Seaside Heights
- Long Beach Island communities (Ship Bottom, Surf City, Harvey Cedars, Beach Haven)
Comprehensive Estate Planning Guidance for Ocean County Families
Estate planning is about more than deciding who will receive your assets after your death. A well-designed plan can help protect your loved ones, provide instructions for financial and medical decision-making during incapacity, minimize unnecessary court involvement, preserve eligibility for certain government benefits, and create a smoother transition for future generations. Whether you are creating your first estate plan, updating existing documents, planning for long-term care, or providing for a loved one with special needs, taking proactive steps today can help avoid costly complications in the future.
Christine Matus has years of experience helping New Jersey families plan their estates, protect assets from long-term care costs, and create special needs trusts that preserve benefit eligibility. From her Toms River office, she represents clients before the Ocean County Surrogate’s Court and the Ocean County Superior Court in probate, guardianship, and trust matters.
Call Matus Law Group at (732) 281-0060 to schedule a consultation. Our office is located at 81 E Water St Suite 2C, Toms River, NJ 08753, serving families throughout Ocean County and all of New Jersey.
Frequently Asked Questions: Estate Planning in New Jersey
Do I need an estate plan if I don't have a large estate?
Yes. Everyone with assets, minor children, or specific wishes about medical care needs an estate plan. Without a will, New Jersey’s intestate succession laws under N.J.S.A. 3B:5-3 determine who inherits your assets, and guardianship of minor children cannot be designated.
What is the difference between a will and a living trust in NJ?
A will is admitted to probate through the Ocean County Surrogate’s Court and becomes part of the probate record. A properly funded living trust can avoid probate for assets titled in the trust, remains private, and can manage your assets during incapacity. Most comprehensive estate plans use both.
How does the Medicaid 5-year look-back work in New Jersey?
Any asset transfers made within five years of applying for New Jersey Medicaid long-term care benefits are reviewed under 42 U.S.C. § 1396p(c)(1). Transfers during this period may create a penalty period during which Medicaid will not cover your care. Establishing a properly structured Medicaid Asset Protection Trust more than five years before applying for long-term care Medicaid can help reduce the risk of transfer-penalty issues.
What is a special needs trust and who needs one?
A properly drafted and administered special needs trust can hold assets for a disabled beneficiary while preserving eligibility for SSI or Medicaid. It is essential for families with a child or adult with a disability and is also critical after personal injury settlements involving disabled individuals.
What happens during probate at the Ocean County Surrogate's Court?
The executor files the original will with the Surrogate’s Court at 118 Washington St, Toms River, receives appointment, notifies creditors, inventories assets, pays debts and any New Jersey inheritance taxes, and distributes the remaining assets to beneficiaries.
Can I do estate planning if I have a child with special needs?
Yes. Matus Law Group focuses on this area of practice. A coordinated special needs plan may include a special needs trust, a letter of intent, a guardianship plan, and an ABLE account strategy. Christine Matus is a special needs parent with a firsthand understanding of these planning needs.
What is a durable power of attorney in New Jersey?
A durable power of attorney is a legal document authorizing a trusted person to manage your finances if you become incapacitated. In New Jersey, durable powers of attorney are governed by the Revised Durable Power of Attorney Act, and execution formalities appear in N.J.S.A. 46:2B-8.9
