Estate Planning Attorney in Elizabeth, New Jersey
Every adult in New Jersey needs an estate plan. Whether you are a young parent who wants to name a guardian for your children, a homeowner looking to keep your property out of probate, or someone approaching retirement who wants to protect the assets you have worked a lifetime to build, a well-drafted estate plan gives you control over what happens to your family, your finances, and your healthcare if the unexpected occurs.
At The Himmel Law Firm, I work directly with individuals and families throughout Elizabeth, Union County, and northern New Jersey to create estate plans tailored to their goals. As both an attorney and a registered nurse, I bring a perspective that few estate planning lawyers can offer: I understand not only the legal mechanics of wills, trusts, and powers of attorney, but also the clinical realities of aging, incapacity, and end-of-life care that make these documents so important.
Why You Need an Estate Plan
Many people assume estate planning is only for the wealthy. That is a misconception. If you own a home, have a bank account, have children, or simply want a say in your medical care, you need an estate plan. Without one, New Jersey’s intestacy laws decide who inherits your assets, a court decides who raises your children, and medical providers make healthcare decisions without knowing your wishes.
An estate plan accomplishes several critical goals. It ensures your assets pass to the people you choose, on the timeline and terms you set. It names the individuals you trust to manage your finances and make medical decisions if you cannot do so yourself. It can minimize the time, expense, and stress your family faces during probate. And for families with more complex situations — blended families, a family member with special needs, or significant assets — an estate plan provides structure that protects everyone involved.
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A will is the foundation of most estate plans. Your will directs how your property is distributed after your death, names an executor to manage the process, and — critically for parents of minor children — designates a guardian. In New Jersey, a will must be signed by the testator and witnessed by at least two individuals. I prepare wills that are clear, legally sound, and designed to minimize the potential for disputes among your beneficiaries.
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A revocable living trust allows you to transfer assets into a trust during your lifetime while retaining full control over them. When you pass away, the assets in the trust transfer to your beneficiaries without going through probate, which saves time, reduces costs, and keeps the details of your estate private. Trusts are particularly valuable for individuals who own real property in multiple states, want to provide for a surviving spouse while ultimately directing assets to children, or simply want to spare their family the burden of the probate process.
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A durable power of attorney appoints someone you trust to manage your financial affairs if you become unable to do so. This includes paying bills, managing investments, filing tax returns, and handling real estate transactions. Without a power of attorney, your family may need to petition a court for guardianship — an expensive, time-consuming, and public process — just to access your accounts and pay your bills. I draft powers of attorney that are comprehensive, specific, and compliant with New Jersey law.
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An advance directive — sometimes called a living will — documents your wishes regarding medical treatment if you are unable to communicate. A healthcare proxy designates someone to make medical decisions on your behalf. These documents work together to ensure that your values and preferences guide your care.
This is where my dual background as an attorney and registered nurse makes a meaningful difference. Having worked in emergency departments at Level I trauma centers, I have seen firsthand what happens when families face critical medical decisions without clear guidance. I understand the clinical terminology, the treatment options, and the real-world scenarios that make these documents so important. I help my clients think through situations that most estate planning attorneys simply don’t have the medical knowledge to address — mechanical ventilation, artificial nutrition, palliative care, organ donation, and other decisions that are profoundly personal and deserve careful, informed planning.
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Your will and trust only govern assets that are titled in your name or your trust’s name. Assets with beneficiary designations — life insurance policies, retirement accounts, payable-on-death bank accounts — pass directly to the named beneficiary regardless of what your will says. I review your full financial picture to make sure your beneficiary designations are consistent with your overall estate plan, because a single outdated designation can unintentionally disinherit a spouse or child.
Estate Planning Services We Provide
Estate Planning for New Jersey Families
New Jersey has its own set of rules that affect estate planning. The state imposes an inheritance tax on transfers to certain beneficiaries, including siblings, nieces, nephews, and friends, at rates ranging from 11% to 16%. Transfers to spouses, children, grandchildren, and parents are exempt. New Jersey does not have a separate state estate tax (it was eliminated in 2018), but the federal estate tax still applies to estates exceeding the current exemption threshold.
New Jersey also follows the Uniform Probate Code in certain respects but has its own specific requirements for will execution, trust administration, and fiduciary duties. I stay current on New Jersey statutory changes and case law developments to ensure every estate plan I prepare reflects the latest legal requirements and tax planning opportunities.
Schedule Your Estate Planning Consultation
Taking the first step is the hardest part, and I make it easy. Contact The Himmel Law Firm today to schedule a consultation. We will sit down together, review your situation, and discuss the estate planning options that make the most sense for you and your family. You will work directly with me from start to finish — no hand-offs, no associates, no surprises.
Call (908) 671-1434 or schedule a consultation online to get started.
The Himmel Law Firm serves clients in Elizabeth, Union County, Middlesex County, Essex County, and throughout New Jersey.