Estate Planning 101

What Happens If I die in New Jersey without a valid Will?

Dying without a valid will in New Jersey means your estate is settled under the state’s intestate succession laws. In this scenario, statutory formulas—rather than your personal wishes—dictate who inherits your assets, who manages your estate, and who cares for minor children. Contrary to popular belief, it does NOT go to the State.

Settling an estate without a Will takes longer and is more expensive.

What is a testamentary trust?

A testamentary trust is a trust created inside a Last Will and Testament that does not come into existence until after you die.

Unlike a revocable living trust, a testamentary trust is written as a set of instructions within your will. When you pass away and your will goes through probate, the court officially establishes the trust and transfers your specified assets into it.

What is Probate?

Probate is the legal, court-supervised process of settling a deceased person’s estate. Its main purposes are to prove the validity of a will (if one exists), inventory the deceased person's property, pay off any outstanding debts and taxes, and legally transfer the remaining assets to the rightful heirs. It is handled through the surrogate's court in the County where the deceased person lived at the time of their death.

What is a Revocable Living Trust?

The primary goal of a revocable living trust is to avoid probate. A revocable living trust is a legal entity created during your lifetime to hold ownership of your assets (such as real estate, bank accounts, and investments).

Because it is revocable, you maintain complete control over the trust while you are alive—meaning you can modify it, add or remove assets, or dissolve it entirely at any time.

Besides probate avoidance, a revocable living trust is helpful for incapacity planning, privacy concerns, and the transfer of real estate in more than one state.

Do Wills have to be signed in person?

Yes, in New Jersey, standard wills must be physical paper documents signed in person with live human witnesses (2). New Jersey does not recognize purely electronic wills, digital signatures (like DocuSign), or remote webcam witnessing. Frankly, nor should they. That is just asking for trouble!

What is a Durable Power of Attorney?

A Durable Power of Attorney (DPOA) is a legal document that gives a trusted person (your agent or attorney-in-fact) the authority to make financial and legal decisions on your behalf.

The defining feature of a durable power of attorney is that it remains in effect if you become mentally or physically incapacitated (for example, due to dementia, a severe stroke, or a traumatic brain injury).

We can make them effective now (recommended) or only if you become incapacitated.

What is a Healthcare Power of Attorney?

Effective only if you cannot make your own decisions, A Healthcare Power of Attorney (also called a Medical Power of Attorney or Healthcare Proxy) is a legal document that designates a trusted person—your healthcare agent or proxy—to make medical decisions for you if you become incapacitated or unable to communicate your wishes yourself.

What if I need to change my documents?

Life Happens. Documents need to be changed with time.

With a Will, you can either write a codicil (small changes) or just write a whole new Will when life has changed significantly.

For incapacity documents, you can always write a new document that replaces your outdated documents.

Revocable Living Trusts can be amended (or revoked) during your life.

What is a HIPAA Release ?

A HIPAA Release is a document that gives your medical team permission to discuss your medical care with trusted individuals that you have appointed. This grants access to information but not decision making authority.

How do I nominate a guardian for my minor children?

In your documents, we will list the person that you would want to serve as the Guardian of your minor children. We'll name a back-up too, just in case. This does not make them the automatic guardian. They will still have to apply through the Courts but this nomination gives them priority to serve.

What is an Advanced Directive?

Sometimes called a Living Will, an Advanced Directive is a written document stating your specific instructions regarding life-sustaining medical treatments (e.g., CPR, mechanical ventilation, tube feeding, dialysis, and organ donation) during terminal illness, persistent vegetative state, or end-stage conditions. It preserves autonomy and gives your family direction when they are faced with making hard choices about your end of life care.

What is an executor and what do they do?

An executor (also called a personal representative) is the person or institution named in a Last Will and Testament who is legally responsible for managing and wrapping up a deceased person’s financial affairs.

When a person passes away, their assets and debts do not settle automatically. The executor acts as the court-authorized administrator who ensures the deceased person's wishes are carried out according to their will and state law.