Your estate plan decides who cares for your children, who makes medical decisions if you cannot, and how everything you have built passes to the people you love. The attorney who designs that plan matters as much as the documents themselves. Yet most people choose an estate planning lawyer the same way they pick a plumber: a quick search, a few reviews, and the first available appointment.
This guide walks you through what to look for, which questions to ask, and what a good first meeting should feel like, so you can make the choice with confidence.
The Quick Answer
Look for an attorney who is licensed in New Jersey, makes estate planning a core part of the practice, designs plans around your family instead of filling in templates, explains things in plain English, quotes a clear fee in writing before work begins, and is easy to reach after you sign. Your first meeting should feel like a conversation about your family and your goals, not a sales pitch for a particular document.
What Should You Look for in a New Jersey Estate Planning Attorney?
1. A New Jersey license and real knowledge of New Jersey law. Estate planning is governed by state law, and New Jersey has rules that catch families off guard. The state repealed its estate tax for deaths in 2018 and later, but it still has an inheritance tax that depends on who receives your assets:
Class A (spouse, civil union or domestic partner, children, stepchildren, grandchildren, parents): exempt.
Class C (siblings, sons and daughters in law): first $25,000 exempt; 11% to 16% above that.
Class D (everyone else, including nieces, nephews, and friends): 15% to 16% from the first dollar.
Class E (qualifying charities and public institutions): exempt.
If you plan to leave anything to a sibling, a niece, or a close friend, your attorney should raise this with you. The federal estate tax exemption is $15 million per person in 2026, so New Jersey's inheritance tax is often the bigger issue for local families.
2. Estate planning as a core focus. Many lawyers list estate planning among a dozen services. Ask how much of the practice is devoted to wills, trusts, probate, and related work. An attorney who does this work every week stays current on the law and spots problems before they happen.
3. A plan designed around your family, not a template. A complete plan usually includes a will or revocable living trust, a durable power of attorney, a health care proxy and living will, guardianship nominations for minor children, and a review of your beneficiary designations. The right attorney asks about blended families, children from a prior marriage, aging parents, a family business, property in another state, or a beneficiary who should not receive money outright. Then the plan reflects the answers.
4. Clear communication. You should leave every conversation understanding what was discussed. Good estate planning attorneys listen first, explain options in plain English, and return calls and emails promptly.
5. Transparent fees in writing. Most estate plans can be handled for a flat fee. Whatever the structure, you should know the total cost and exactly what it covers before any work begins, and it should be stated in a written engagement letter.
6. Accessibility after you sign. Your plan will need updates as your life changes: marriage, divorce, a new child, a move, a new home, or a death in the family. Ask how the firm handles updates and how you will reach them in five or ten years.
7. Credibility you can verify. Ask your CPA or financial advisor who they trust. Read reviews on Google and Avvo, and confirm the attorney is in good standing through the New Jersey Courts attorney search. Be wary of paid directory rankings and slogans like "we care about families"; every firm says that. Look for evidence instead.
Questions to Ask Before You Hire an Estate Planning Attorney
Bring these to your first conversation. A good attorney will welcome them.
How long have you been licensed in New Jersey, and how much of your practice is estate planning?
Will I work directly with you, or will my plan be handed to someone else?
Do you recommend a will or a trust for someone in my situation, and why?
How do you handle New Jersey inheritance tax, real estate, and property in other states?
Is your fee a flat fee or hourly? What exactly does it include, and will I get it in writing?
How long does the process take from first meeting to signing?
What happens after I sign? Who makes sure my accounts and beneficiary designations match the plan?
How do I reach you with questions, and how quickly do you respond?
How often should I review my plan, and what does an update cost?
Do you carry professional liability (malpractice) insurance?
What to Expect at Your First Meeting With an Estate Planning Attorney
The first meeting is where the attorney learns about your family and you learn whether this is the right attorney. Here is what a well run consultation looks like.
Before the Meeting
Most firms send an intake questionnaire. Complete it fully and on time; it lets the attorney prepare and makes the meeting far more productive. It helps to gather:
Any existing wills, trusts, or powers of attorney
A list of your assets with approximate values: home and other real estate, bank and brokerage accounts, retirement accounts, life insurance, and business interests
Current beneficiary designations on retirement accounts and life insurance
Names of the people you are considering as executor, trustee, guardian, and agents for financial and medical decisions
Your questions and concerns, written down
During the Meeting
Expect a conversation, not a lecture. A good attorney will:
Ask about your family, your goals, and what worries you most.
Review what you own and how it is titled.
Explain your options in plain English, including wills versus trusts, how probate works in New Jersey, and how to plan for incapacity.
Recommend a plan for your situation and explain why.
Tell you the fee and what it covers.
You should never feel pressured to sign on the spot. You should leave with a clear recommendation and a clear next step.
After the Meeting
If you move forward, you sign an engagement letter, the attorney designs and drafts your documents, and you review the drafts before anything is final. In New Jersey, a will is signed in front of two witnesses, usually with a notary so it is self proving. If your plan includes a trust, you will also receive instructions for transferring your assets into it; a trust only works for the assets it actually holds.
Red Flags When Choosing an Estate Planning Attorney
One size fits all recommendations. If every client gets the same documents regardless of family or assets, the plan was not designed for you.
Vague or shifting fees. If you cannot get a clear total in writing before work starts, expect surprises later.
Pressure to sign at the first meeting. A good plan is worth a few days of thought.
Slow or no response before you are a client. It rarely improves after you pay.
No mention of New Jersey inheritance tax or trust funding. Both are basic issues; an attorney who skips them is likely skipping others.
Online forms dressed up as legal advice. A do it yourself will can fail on witnessing rules or leave out the incapacity documents your family needs most. (See why DIY trusts fail in New Jersey.)
Frequently Asked Questions
Do I need an estate planning attorney, or can I use an online will?
Online forms cannot tell you what you are missing. A New Jersey will must be signed in front of two witnesses to be valid, and a complete plan also needs a power of attorney, health care directives, and beneficiary designations that match. An attorney makes sure the pieces work together for your family.
What is the difference between a will and a revocable living trust in New Jersey?
A will names who receives your assets and who serves as guardian for minor children, but it goes through probate at the county Surrogate's Court. A revocable living trust can pass assets privately without probate and can manage them if you become incapacitated. The right choice depends on your family, your property, and your goals.
Does New Jersey have an estate tax?
No. New Jersey repealed its estate tax for deaths on or after January 1, 2018. It still has an inheritance tax, which applies to assets left to siblings, nieces, nephews, friends, and other beneficiaries outside the immediate family. Spouses, children, grandchildren, and parents are exempt.
What should I bring to my first estate planning meeting?
Bring any existing wills or trusts, a list of your assets with approximate values, your current beneficiary designations, and the names of the people you are considering as executor, trustee, guardian, and agents. Most firms also ask you to complete an intake questionnaire before the meeting.
How often should I update my estate plan?
Review your plan every three to five years and after any major life event: marriage, divorce, a birth or adoption, a death in the family, a move to another state, or a significant change in your assets.
Can I meet with an estate planning attorney by video?
Yes. Many New Jersey estate planning attorneys, including The Himmel Law Firm, hold planning sessions by video so you can meet from home without traveling to an office.
How The Himmel Law Firm Measures Up
We wrote this guide because we want you to ask hard questions of any attorney you consider, including us. Here is how we answer them.
New Jersey license and knowledge: Shlomo Himmel, Esq. has been licensed in New Jersey since 2014. The firm is based in Elizabeth, Union County, and serves families throughout the state.
Estate planning as a core focus: Estate planning, probate, elder law, and guardianship are the center of the practice.
A plan designed for your family: Every plan starts with a detailed questionnaire and a planning session about your family and goals. Shlomo personally leads that session and designs your plan.
Clear communication: Plain English explanations, plus a secure online client portal where you answer questions, upload documents, review drafts, and message the firm.
Transparent fees: Your fee is stated in writing in your engagement letter before any work begins. Payment options are available.
Accessibility: Planning sessions are held by video, so you can meet from home or the office without taking a day off.
Credibility you can verify: Former municipal prosecutor, former Ethics Attorney for Edison Township, and former adjunct professor of Bioethics and Public Health Law at Hofstra University. The firm carries professional liability insurance. Read client reviews on Google and Avvo.
Health care documents that work: Shlomo is also a registered nurse with hospital emergency department experience, so your health care proxy and living will are written with real medical decisions in mind.
Schedule Your Planning Session
The best way to know whether we are the right fit is to talk. Schedule a planning session online, and we will send you a short questionnaire to complete beforehand so your time with Shlomo is focused on your family.
Schedule your planning session →
Prefer to call? Reach us at (908) 671-1434.
This article provides general information about New Jersey estate planning and is not legal advice. Reading it does not create an attorney client relationship.
