Estate planning asks you to make important decisions about your family, property, health care, and future. Those decisions can feel uncomfortable, but putting them in writing can provide clarity for the people you trust and prevent New Jersey law from making critical choices for you.
Beinhaker Law helps Union County individuals, families, professionals, and business owners create and update estate plans. From its Clark office, the firm advises clients on wills, trusts, powers of attorney, advance directives, tax considerations, and related planning concerns. To discuss your goals in a free initial consultation, call (908) 589-6696. (beinhakerlaw.com)
On This Page
- Estate Planning Is More Than a Will
- Core Documents in a New Jersey Estate Plan
- When a Trust May Be Worth Considering
- Planning for Family, Real Estate, and Business Interests
- How Estate Planning Connects to the Union County Surrogate’s Court
- When to Review or Update Your Estate Plan
- Wills & Estate Services Throughout Union County
- Start Your Union County Estate Plan
Estate Planning Is More Than a Will
A Last Will and Testament is important, but it is only one part of a well-coordinated estate plan. Effective planning should address what happens both during your lifetime and after your death.
Your plan may need to answer questions such as:
- Who can manage your finances if illness or injury prevents you from doing so?
- Who should communicate with doctors and make health care decisions?
- Who should serve as Executor of your estate?
- Who should receive your property, and should anyone’s inheritance remain in trust?
- Who should care for your minor children?
- What should happen to a business, professional practice, or investment property?
- Do the ownership and beneficiary designations on your accounts match your written plan?
Without a valid Will, probate property passes according to New Jersey’s intestacy laws. Those laws follow a statutory order based on family relationships. They do not consider private promises, personal closeness, or what family members believe you would have wanted. (lis.njleg.state.nj.us)
A complete estate plan can also reduce uncertainty. Naming primary and alternate decision-makers, coordinating account designations, and giving clear directions may help prevent delays, unnecessary court involvement, and disagreements among relatives.
Core Documents in a New Jersey Estate Plan
The right documents depend on your family, finances, health, and objectives. For many Union County residents, planning begins with the following components.
Last Will and Testament
A Will states who should receive probate property and names the Executor responsible for administering the estate. It may also nominate guardians for minor children, establish trusts, select trustees, and address whether an Executor should be required to post a bond.
Under New Jersey law, a standard witnessed Will must be in writing, signed by the person making it, and signed by at least two witnesses within the legally required period. A Will can also be made self-proving through additional acknowledgments and affidavits. Careful execution matters because an improperly signed or altered document may require additional proof or court proceedings after death. (lis.njleg.state.nj.us)
A guardian nomination is also not the same as a private transfer of custody. The court retains authority over the appointment. Nevertheless, clearly stating your preference can give the court and your family meaningful guidance.
Durable Financial Power of Attorney
A financial power of attorney authorizes a chosen agent to act for you. Depending on the document, that authority may include managing accounts, paying expenses, handling real estate, addressing taxes, communicating with financial institutions, or operating a business.
In New Jersey, a power of attorney must be written, signed, and properly acknowledged. A durable power of attorney includes language allowing the agent’s authority to continue despite the principal’s later disability or incapacity. (lis.njleg.state.nj.us)
This document concerns authority during your lifetime. After death, responsibility for probate assets ordinarily passes to the Executor or Administrator. The person selected as your agent should therefore understand both the scope and limits of the role.
Advance Directive for Health Care
An advance directive addresses medical decision-making if you cannot make or communicate decisions yourself. New Jersey recognizes two principal forms:
- A proxy directive, which appoints a health care representative; and
- An instruction directive, often called a living will, which expresses treatment preferences.
You may use either form or combine them. The person you appoint should understand your values, be willing to communicate with medical providers, and be able to make difficult decisions under pressure. (nj.gov)
Beneficiary Designations and Ownership
A Will does not necessarily control life insurance, retirement accounts, payable-on-death accounts, jointly held assets, or property already transferred to a trust. Those assets may pass according to a beneficiary designation or ownership arrangement.
That makes coordination essential. A carefully drafted Will cannot correct every outdated account designation, unintended joint ownership arrangement, or unfunded trust. Estate planning should examine how significant assets are actually titled and how they are expected to transfer.
When a Trust May Be Worth Considering
Not everyone needs a trust. For some families, a properly drafted Will, financial power of attorney, advance directive, and coordinated beneficiary designations may accomplish the essential goals.
A trust may be worth considering when you want to:
- Manage assets for young beneficiaries over time;
- Protect an inheritance for a beneficiary with disabilities;
- Provide structured distributions rather than an immediate lump sum;
- Plan for children from different relationships;
- Create continuity if you become unable to manage your property;
- Address real estate in more than one state;
- Provide additional privacy in the transfer of assets;
- Support charitable goals;
- Plan for a business or substantial investment assets; or
- Evaluate tax or asset-protection concerns.
Revocable trusts are often used for lifetime management and post-death distribution. Irrevocable trusts may serve tax, asset-protection, charitable, or beneficiary-planning purposes, but they involve a meaningful transfer of control and should not be created without understanding their long-term effect.
A trust also must be implemented. Property that was never transferred into the trust may still require probate or pass through another ownership or beneficiary arrangement. The legal document, asset titles, account designations, and overall financial plan need to work together.
If you are unsure whether a trust is appropriate or whether your existing trust has been properly coordinated, call Beinhaker Law at (908) 589-6696 for a free initial consultation.
Planning for Family, Real Estate, and Business Interests
Estate planning becomes especially important when family relationships or asset ownership do not fit a simple pattern.
Blended families. Leaving everything outright to a surviving spouse may not ensure that children from an earlier relationship ultimately receive an inheritance. A trust or other coordinated arrangement can balance the needs of a surviving spouse with the interests of children.
Unmarried partners. New Jersey intestacy law does not treat every committed relationship as a marriage, civil union, or registered domestic partnership. An unmarried partner may need express protection through a Will, trust, deed, beneficiary designation, or other planning document.
Minor or financially vulnerable beneficiaries. An outright inheritance can create practical and legal problems when the beneficiary is young, has difficulty managing money, or receives means-tested government benefits. Trust planning can provide more control over when and how funds are used.
Real estate. Homes, rental properties, commercial buildings, and out-of-state real estate require attention to deeds, mortgages, insurance, co-ownership, liquidity, and intended succession. A Will provision alone may not resolve every ownership or transfer issue.
Business ownership. A business owner’s estate plan should be coordinated with operating agreements, shareholder agreements, buy-sell arrangements, insurance, management succession, and the authority needed to keep the company functioning. Beinhaker Law’s work in estate planning, business law, succession planning, taxation, and real estate allows the firm to consider these connected issues together. (beinhakerlaw.com)
Tax planning. New Jersey no longer imposes its estate tax on individuals who died on or after January 1, 2018. The state’s inheritance tax may still apply depending largely on the beneficiary’s relationship to the deceased person and the nature of the transferred assets. Federal estate, gift, capital-gains, and income-tax considerations may also affect a plan. (nj.gov)
Tax laws and exemption amounts can change. Planning should be based on current law and reviewed when finances, family circumstances, or tax rules materially change.
How Estate Planning Connects to the Union County Surrogate’s Court
You do not file an ordinary estate plan with the Surrogate’s Court while you are living. The Union County Surrogate becomes relevant after the death of a person domiciled in Union County or when certain guardianship and fiduciary proceedings are required.
For an uncontested estate, the Surrogate generally handles the probate of the original Will and qualification of the Executor. The office also appoints Administrators for qualifying estates without a Will and performs functions involving guardianships, minors’ funds, and filings for the Superior Court of New Jersey, Chancery Division, Probate Part.
The Union County Surrogate currently maintains appointment-based offices at:
Elizabeth Office
Union County Courthouse
2 Broad Street, Old Annex, Second Floor
Elizabeth, NJ 07207
Westfield Office
Colleen Fraser Building
300 North Avenue East
Westfield, NJ 07090
The Westfield location gives residents in the western portion of the county an additional place to handle probate and administration appointments. (ucnj.org)
Thoughtful planning can make later proceedings more manageable. A properly executed, self-proving Will; a carefully selected Executor; alternate fiduciaries; an appropriate bond provision; and clear directions for beneficiaries can reduce avoidable uncertainty. Keeping the original Will secure and making sure the Executor knows where to find it are equally important because the Surrogate ordinarily requires the original document for routine probate. (ucnj.org)
The Surrogate’s staff can explain court procedures and requirements, but the office does not act as the personal attorney for the person who made the Will, an Executor, a beneficiary, or another family member.
When to Review or Update Your Estate Plan
An estate plan should reflect your current relationships, assets, and intentions. Consider having it reviewed after:
- Marriage, divorce, separation, or the death of a spouse or partner;
- The birth or adoption of a child;
- A child or beneficiary reaching adulthood;
- The death, incapacity, or relocation of an Executor, trustee, guardian, or agent;
- A significant change in health;
- The purchase or sale of a home or investment property;
- Starting, buying, selling, or restructuring a business;
- A substantial inheritance or change in financial circumstances;
- Moving to or from New Jersey;
- A change in a beneficiary’s financial, medical, or personal situation; or
- Major changes in tax or estate law.
New Jersey law may automatically revoke certain provisions benefiting or appointing a former spouse after divorce or annulment. Relying on an automatic statute, however, can leave the rest of the plan inconsistent or incomplete. It is generally better to review the Will, trust, powers of attorney, advance directive, deeds, and beneficiary designations as a coordinated whole. (lis.njleg.state.nj.us)
Avoid writing changes directly onto an executed Will or attaching informal notes. Even a small intended revision can raise questions about revocation, authenticity, or which provisions remain effective.
Wills & Estate Services Throughout Union County
Serving clients throughout:
- Westfield
- Summit
- Cranford
- Scotch Plains
- Clark
- Rahway
- Linden
- Elizabeth
- Union
- Springfield
- Mountainside
- Berkeley Heights
- New Providence
- Garwood
- Fanwood
- Plainfield
- Roselle
- Hillside
- Roselle Park
- Kenilworth
- Winfield
Beinhaker Law’s Clark office is located within Union County. The firm assists clients with wills, trusts, powers of attorney, health care directives, advanced and complex estate planning, charitable planning, asset protection, eldercare planning, business succession concerns, probate, and estate administration. Services are tailored to the client’s family relationships, property, business interests, and long-term objectives. (beinhakerlaw.com)
Start Your Union County Estate Plan
You may need to create your first Will, update documents signed many years ago, plan for a new child, protect a vulnerable beneficiary, or coordinate an estate plan with a business or real estate portfolio. Getting advice now allows you to make those choices deliberately rather than leaving your family to address uncertainty later.
Beinhaker Law is located at 100 Walnut Avenue, Suite 210, Clark, New Jersey 07066. To request a free initial consultation with a Union County wills and estates attorney, call (908) 589-6696.
Wills & Estate Services Throughout Union County
Serving clients throughout:
- Westfield
- Summit
- Cranford
- Scotch Plains
- Clark
- Rahway
- Linden
- Elizabeth
- Union
- Springfield
- Mountainside
- Berkeley Heights
- New Providence
- Garwood
- Fanwood
- Plainfield
- Roselle
- Hillside
- Roselle Park
- Kenilworth
- Winfield
Frequently Asked Questions About Wills and Estates in Union County
Do I need an estate plan if I am married and own everything jointly?
Joint ownership may allow certain property to pass to a surviving owner, but it does not address every concern. You may still need documents naming financial and health care decision-makers, identifying backup beneficiaries, nominating guardians, and explaining what should happen after both spouses have died.
Does having a Will avoid probate in New Jersey?
Not necessarily. A Will provides instructions for probate assets and names an Executor, but it ordinarily must be admitted to probate before the Executor receives authority. Trust assets, qualifying jointly owned property, and accounts with effective beneficiary designations may pass outside probate.
Can my spouse and I sign one joint Will?
Spouses should generally have separate Wills coordinated around their shared objectives. Each person owns different rights and may need different beneficiaries, fiduciaries, tax provisions, or backup instructions. Separate documents are also easier to revise when circumstances change.
Can the same person serve as my power-of-attorney agent and Executor?
Yes, if that person is appropriate for both responsibilities. The roles are different: an agent acts under a power of attorney during your lifetime, while an Executor handles probate estate matters after death. You should also name reliable alternates.
How often should I review my estate plan?
Review it periodically and after a significant family, financial, health, business, or residency change. A plan may remain legally valid while no longer matching your current assets, relationships, or intentions.
What happens if my family cannot find my original Will?
The Union County Surrogate generally requires the original Will for routine probate. If it cannot be located, the estate may require intestate administration or a Superior Court application seeking to admit a copy or other writing. Keeping the original secure and telling the Executor where it is stored can prevent this problem. (ucnj.org)
Does every Union County estate have to pay inheritance or estate tax?
No. New Jersey’s former estate tax does not apply to deaths occurring on or after January 1, 2018. New Jersey inheritance tax depends on factors including who receives the property, the beneficiary’s relationship to the deceased person, and the assets involved. Federal and income-tax issues may still require review.