Estate Planning in New Jersey, Explained.
What actually goes into a plan, when a trust beats a will, how New Jersey's inheritance tax works, and what happens if you do nothing. I'm Shlomo Himmel — estate planning attorney and former ER nurse — and this page is the honest walkthrough I give every client. When you're ready, the plan itself takes two to three weeks, for one flat fee quoted upfront.
What Happens If You Do Nothing.
Without a plan, New Jersey already has one for you — and you wouldn't have chosen it. The intestacy statute decides who inherits, in fixed shares that ignore stepchildren, unmarried partners, and your actual wishes. A judge picks who raises your minor children, choosing among whoever applies. A court appoints whoever will manage your estate, possibly with a bond your family pays for. And if you're incapacitated rather than gone, nobody — not even your spouse — automatically has authority over accounts in your name; the fix is a guardianship proceeding that costs more than an entire estate plan.
Everything on this page exists to replace that default with decisions you actually made.
Will or Trust? An Honest Comparison.
Neither is "better" — they're different tools. Here's how I walk clients through it:
A Will-Based Plan
Takes effect at death. Goes through probate.
- Directs who inherits what, and names your executor
- The only document that nominates guardians for minor children
- Simpler to create and maintain
- Probate is public and takes months — your family waits
- Often the right fit when assets are straightforward and privacy isn't a priority
A Trust-Based Plan
Takes effect now. Skips probate.
- Assets pass privately to beneficiaries — no court process, no public record
- Works during your lifetime too: a successor trustee manages things if you're incapacitated
- You keep full control while living; fully revocable
- Requires "funding" — retitling the home and accounts into the trust (I handle this)
- Usually the right fit for homeowners, blended families, and anyone who values privacy
Either way, a complete plan also includes a durable power of attorney and healthcare directive — the incapacity documents below. And trust-based plans still include a will as a backstop.
The Five Pieces of a Complete Plan.
Last Will & Testament
Directs your property, names your executor, designates guardians for minor children. Clear, legally sound, and built to minimize disputes.
Revocable Living Trust
Transfer assets during your lifetime while keeping full control. At death, everything passes to your beneficiaries without probate — faster, private, cheaper for your family.
Durable Power of Attorney
Appoints someone you trust to manage financial affairs if you can't. Without one, your family petitions a court for guardianship — expensive, slow, and public.
Healthcare Directive & Proxy
Documents your treatment wishes and names your medical decision-maker. Mine are drafted by someone who has used these documents clinically, at 2 AM, in emergency departments.
Beneficiary Designations & Titling
Life insurance, 401(k)s, and POD accounts pass by designation — regardless of what your will says. Every plan I prepare includes a full review so the designations and documents tell the same story.
What's Different in New Jersey.
The inheritance tax most people don't know about
New Jersey eliminated its estate tax in 2018 — but it kept an inheritance tax, and it surprises families constantly. Transfers to your spouse, children, grandchildren, and parents are exempt. But anything left to siblings, nieces and nephews, friends, or an unmarried partner is taxed at 11–16%. If your plan reaches anyone outside the direct line, this is a planning problem with a planning solution — and it has to happen before, not after.
The federal estate tax
It still applies above the federal exemption threshold — a number that changes with legislation. For most New Jersey families it isn't the issue; the inheritance tax and probate costs are. If your estate is large enough for the federal tax to matter, that becomes part of the design conversation.
Execution formalities matter
New Jersey has specific requirements for how wills are signed and witnessed, and self-proving affidavits that save your executor real trouble later. The internet template that skips these details is how families end up in court arguing over whether a will is valid at all.
A Plan Is a Living Document. Review It.
Review every three to five years — and immediately after marriage, divorce, a birth, a death, a move to or from New Jersey, a significant change in assets, or a falling-out with anyone named in your documents. An outdated plan can be worse than none: the wrong executor, an ex-spouse on a beneficiary form, a guardian who moved overseas. I review existing plans as part of the planning call and tell you honestly what's still solid.
What Would Probate Cost Your Family?
The clearest argument for planning is a number. Run yours through the free NJ Probate Cost Calculator — two minutes, real figures for an estate like yours.
Good Questions. Clear Answers.
Do I need an estate plan if I don't have a lot of assets?
Yes. Estate planning isn't just about distributing wealth. It's about making sure the right people are authorized to make decisions for you and your children, keeping your family out of court, and ensuring your healthcare wishes are documented.
What happens if I die without a will in New Jersey?
Your assets are distributed according to state intestacy law. Your spouse and children typically inherit, but the exact split depends on your family structure — and it may not match what you would have chosen.
How long does it take to get a complete estate plan?
Most clients are signed and done within two to three weeks of the first call. I draft everything, review it with you, and coordinate signing on a timeline that fits your schedule — including evenings.
How much does estate planning cost in New Jersey?
Every plan I prepare is a flat fee, quoted upfront on your planning call — before any work begins. No hourly billing, no surprises. What I can tell you for certain: it's a fraction of what probate, guardianship, or an avoidable inheritance tax bill would cost your family later.
How often should I update my estate plan?
Review every 3–5 years, and immediately after major life events: marriage, divorce, birth of a child, death of a beneficiary, significant financial changes, or a move to a new state.
Estate Planning Across Union County & Beyond.
Planning sessions happen by video, on your schedule; signings happen at my office or your home. See how the plan works for families in your town:
Not on the list? I serve all of New Jersey — virtually and in person.
You've Done the Research. Now Make It Real.
One call: we review your situation, you get a flat-fee quote and a clear recommendation — will or trust, and why. Then it's two to three weeks to done.
The Himmel Law Firm • 277 North Broad Street, Elizabeth, NJ • Serving All of New Jersey