When protecting your family and your assets, few things are more important than having a clear estate plan. Without one, you and your loved ones could face unnecessary stress, financial uncertainty, and even disputes in probate court. At Willis Law Group LLC, we focus exclusively on estate planning, asset protection planning, and elder law to help New Jersey residents claim secure futures for themselves and their families.
With over 25 years of legal experience, including unique insight as a former prosecutor in elder law cases, our lead New Jersey estate planning lawyer has seen firsthand what happens when families do not plan ahead. Our team is here to guide you every step of the way, from your very first estate plan to the most complex Medicaid crisis planning.

Why Estate Planning Matters in New Jersey
Estate planning is not only for the wealthy. It is for anyone who wants to ensure their wishes are honored, their family is protected, and their assets are managed wisely in times of tragedy or calamity. New Jersey estate laws provide planning options with:
- Wills
- Trusts
- Powers of attorney, and
- Healthcare directives
However, navigating these options without guidance can be overwhelming. That’s where a New Jersey estate planning lawyer can make all the difference.
At Willis Law Group, we believe in:
- Personalized guidance. Our initial consultation lasts up to one hour, and we come prepared with potential solutions tailored to your needs.
- Consistency and care. The same paralegal works with you from intake through completion to help ensure continuity of service.
- Depth and focus. We handle only estate planning and elder law, staying on the cutting edge of asset protection strategies for our clients.
- Full spectrum planning. Whether you need a simple will or a complex system of trusts and directives to sustain yourself and your family, you can progress with us through every stage of life.
We are here to serve you and your family in your time of need and when you want to create a contingency plan.
What Happens When You Don’t Have a Will?
If you die without a valid will in New Jersey, your estate is considered “intestate.” This means state law determines who inherits your assets, regardless of your personal wishes. Typically, your closest relatives—such as your spouse, children, or parents—will inherit. But intestacy often creates problems, such as:
- Family disputes. Without written instructions, loved ones may disagree about your intentions.
- Court involvement. The probate court chooses an administrator to distribute assets, which can delay the process.
- Unintended heirs. Assets may pass to relatives you would not have chosen, while those you wanted to provide for may be left out.
Working with a New Jersey estate planning lawyer helps ensure your wishes, not the state’s default rules, guide how your estate is handled.
What Happens When You Have a Will?
A will is the bedrock of an estate plan. It allows you to:
- Designate beneficiaries to receive your property,
- Appoint a guardian for your minor children, and
- Name an executor to administer your estate.
Creating a legally sound will in New Jersey requires attention to detail. A will’s creator (testator) must be at least 18 years old and of sound mind, the document must be in writing, and signed by the testator and at least two witnesses. When the time comes, an executor submits the will to the probate court to pay outstanding debts and distribute assets according to the will’s terms.
At Willis Law Group, we don’t just draft wills—we prepare comprehensive plans that anticipate tax issues, protect vulnerable family members, and minimize the burdens of probate.
How Can a Trust Help Me?
Trusts can serve many different purposes during your lifetime or after you pass. Let’s discuss them in greater detail.
Trusts in General
Trusts can be a great alternative to a will. A trust’s creator transfers some or all of their property to the trust and writes terms for the trustee to distribute trust assets to named beneficiaries. The property in your trust can bypass probate, which can help your loved ones skip fights in court and concerns about will administration.
Special Needs Trusts
Careful planning is essential if you have a family member with special needs. A special needs trust allows you to provide financial support for your loved one without jeopardizing their eligibility for vital government benefits such as Medicaid or Supplemental Security Income.
Medicaid Trusts
Medicaid trusts (qualified income trusts) can preserve your assets and eligibility for Medicaid benefits that cover long-term care. These trusts house income that exceeds Medicaid eligibility limits and can pay for some of your care. However, these trusts must be irrevocable and must name the state as the first beneficiary after your passing. Our New Jersey estate planning lawyer can help you plan for your long-term care and financial future.
Creating a Power of Attorney
Estate planning is not only about what happens after you pass away. It is also about protecting yourself during your lifetime, should you become incapacitated. A power of attorney (POA) is a crucial document that allows you to appoint someone you trust to manage your financial, legal, or medical affairs.
There are several types of POAs, including:
- Durable power of attorney—remains valid even if you become incapacitated;
- Limited power of attorney—grants authority for a specific task or time period; and
- Healthcare power of attorney—appoints someone to make medical decisions on your behalf when you are incapacitated.
Without a POA, your loved ones may need to seek guardianship through the courts, which is costly and time-consuming. As your lawyer for estate planning, we can tailor a POA that meets your specific needs.
Ready to Plan Your Estate? Speak with a New Jersey Estate Planning Lawyer Today
The estate planning decisions you make today may determine how smoothly your loved ones are cared for tomorrow. At Willis Law Group, our mission is to give you clarity, a solid roadmap, and peace of mind by crafting an estate plan that protects what matters most.
Whether you are just beginning to think about writing a will, need to update existing documents, or are facing an urgent Medicaid crisis, our team is here to help. Call us or reach out online today to schedule your personalized consultation.
Resources
- Intestate estate, N.J.S.A. 3B:5-2 (2004),
- Intestate shares of heirs, N.J.S.A. 3B:5-4 (2009),
- Power to designate testamentary guardian, N.J.S.A. (2005),
- Individuals competent to make a will, N.J.S.A. 3B:3-1 (2004),
- Special needs trusts, N.J.S.A. 3B:31-37 (2015),
- New Jersey Department of Health, Advance Directive
