Frequently asked questions

It depends on your family, your assets, and your goals. A will is the foundation of most plans. A trust can add privacy, help manage assets over time, and in some situations make things simpler for your family after you are gone. I’ll walk you through the options and recommend what fits your situation.

New Jersey law decides who inherits, based on a fixed order of relatives. The result may not match what the person would have wanted, and the court must appoint someone to administer the estate. A will lets you choose who receives your property and who handles your affairs.

Probate is the court process that confirms a will is valid and gives the executor authority to act. In New Jersey, it begins with the Surrogate's Court in the county where the person lived. The executor then gathers assets, pays debts and taxes, and distributes what remains to the beneficiaries.

New Jersey no longer has an estate tax, but it still has an inheritance tax. Whether it applies depends on who receives the property. Spouses, children, and grandchildren are generally exempt, while siblings, nieces, nephews, and unrelated beneficiaries may owe tax. Federal estate tax applies only to very large estates. Tax rules change, so it is best to review your situation with an attorney.

A durable power of attorney lets someone you trust handle your finances if you become unable to. Without one, your family may need to go to court to get that authority. A healthcare directive does the same for medical decisions.

Review your plan every few years, and after major life events such as a marriage, divorce, birth, death in the family, a move to another state, or a significant change in your finances.

Bring any existing wills or trusts, a general list of your assets and debts, current beneficiary designations, and the names of the people you are considering as executor, trustee, or guardian. If you are settling an estate, bring the will and the death certificate if you have them. Don’t worry if you don’t have everything; I’ll let you know what else is needed.