Estate planning connects the people you want to provide for with the documents and ownership arrangements needed to carry out your wishes. Willis Law Group helps New Jersey individuals and families create or update wills, trusts, powers of attorney, and healthcare directives, while coordinating asset protection and long-term care and Medicaid planning when appropriate. Request an initial estate planning meeting to discuss your family, existing documents, and goals.

Your initial meeting: Meet with an attorney for 30 minutes. Your initial meeting fee is always credited toward any legal service you retain Willis Law Group to provide.

Facing a deadline? Our Urgent Estate Planning services address wills and other essential documents before surgery, a trip or another life event, and when serious illness or an anticipated death makes preparation and signing time-sensitive. Ask about priority scheduling, video meetings and short-notice on-site arrangements.

Founding attorney Michael T. Willis, Esq. brings 25 years of legal experience and prior service as a New Jersey Special Deputy Attorney General. Our planning process includes explaining your options, reviewing and finalizing your documents, and a Trust Fund Meeting when a trust is part of your plan.

Start with your planning priority

Two people reviewing paperwork beside a laptop, scales of justice and a gavel.

This Isn’t Just For “Someday”

Protecting Your Family Starts With One Conversation.

Estate planning can feel like something to put off, but it’s really just making sure your wishes are honored and the people you love are taken care of. You don’t have to know all the right documents or terms going in. Our team can sit down with you, understand what matters most to your family, and build a plan around it.

Schedule Your Personalized Meeting

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. Our estate planning documents checklist explains common documents to discuss with your attorney. That’s where a New Jersey estate planning lawyer can make all the difference.

Your Estate Planning Process: What the Agreed Work Includes

Your estate plan should connect your wishes, documents and practical next steps. We explain the proposed services and fee arrangement before you retain us; your written agreement identifies the documents and work included.

  • Discuss priorities and choose a plan: Explain your family, assets, existing documents and goals. Review the recommended approach with your attorney and identify the people you want to serve.
  • Prepare, review and finalize documents: The agreed work may include wills, trusts, financial powers of attorney and healthcare directives. We explain the proposed provisions and address questions before finalizing them.
  • Coordinate signing: Arrange execution appropriate to the documents and applicable law, including required witnesses or acknowledgments. Video meetings and electronic engagement paperwork do not replace every document’s signing requirements.
  • Address trust funding when applicable: Our Trust Fund Meeting provides guidance on transferring appropriate property into the trust and coordinating ownership and beneficiary questions.
  • Identify follow-up responsibilities: Clarify who will obtain records, contact institutions, complete forms or arrange transfers. Deeds, account changes, tax work and other implementation services depend on the engagement; a signed trust does not establish that all assets have been transferred.

Already have documents? Our estate plan review and update service addresses changed wishes, beneficiaries, decision-makers, trust provisions and unfinished implementation—including plans prepared by another attorney.

For your initial meeting, gather your current estate planning documents, a general overview of your assets and account ownership, and the names of the people you are considering as decision-makers or beneficiaries. Tell us what has changed or what concerns you most. You can start even if you do not yet have every document.

What Happens When You Don’t Have a Will?

If you die without a valid will, New Jersey intestacy law generally determines who inherits your probate property. Assets passing through valid beneficiary designations or survivorship rights may follow separate rules. The heirs and their shares depend on your family circumstances. A will can help direct the distribution of probate assets and reduce uncertainty. Without that planning, families may face 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.

Where Probate Happens Near You

If you die without a will, or when your will is submitted for probate, the process runs through the County Surrogate’s Office where you lived, not a statewide court. For clients near our offices, that means:

  • Bergen County (Hackensack): Bergen County Surrogate’s Office, 2 Bergen County Plaza, 5th Floor, Suite 5000, Hackensack, NJ 07601, (201) 336-6700
  • Hudson County (Jersey City): Hudson County Surrogate’s Office, 595 Newark Avenue, 4th Floor, Room 407, Jersey City, NJ 07306, (201) 795-6378
  • Morris County (Morristown): Morris County Surrogate’s Office, 10 Court Street, 5th Floor, Morristown, NJ 07960, (973) 285-6500
  • Monmouth County (Freehold): Monmouth County Surrogate’s Office, Hall of Records, 1 East Main Street, Freehold, NJ 07728, (732) 431-7330

Having a properly drafted will can significantly shorten and simplify this process regardless of which county you’re in.

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. For a standard witnessed will, the law generally requires a written document signed by the testator, or by someone acting at the testator’s direction and in the testator’s conscious presence, with at least two witnesses signing within a reasonable time after witnessing the signing or acknowledgment. Different rules apply to certain handwritten wills and other writings intended as wills. After death, the executor generally qualifies through probate before administering the probate estate.

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. If you need help settling an estate after a death, visit our New Jersey probate and estate administration service page for guidance on getting started.

When your estate planning also involves aging, care needs, or helping a parent, our Jersey City elder law practice and Morristown elder law practice explain the related planning services available through those offices.

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

If a family member receives means-tested benefits, discuss special needs trust planning before directing an inheritance to them. A trust may help provide additional support, but benefit treatment depends on the funding source, trust terms, distributions, and program rules. Social Security explains how trusts and trust payments can affect SSI; Medicaid treatment also requires separate review.

Medicaid Trusts

Medicaid planning may involve different kinds of trusts. A properly structured Medicaid asset protection trust may help preserve a home or savings, subject to the trust terms, transfer rules, and timing. A qualified income trust (QIT) serves a different purpose: it can address income above Medicaid’s income cap, but does not shelter existing assets. QITs must satisfy applicable requirements, including irrevocability, permitted distributions, and repayment to the state from remaining funds after the beneficiary’s death, up to Medicaid benefits paid. Our New Jersey estate planning lawyer can help you plan for your long-term care and financial future.

Creating a Power of Attorney

Incapacity planning should address both money and medical care. A financial power of attorney names an agent to handle the financial and legal matters authorized by the document. A healthcare proxy directive names a healthcare representative, while an instruction directive records treatment preferences. The New Jersey Department of Health explains these two kinds of advance directives. Discuss who should serve in each role, any limits on authority, and where signed documents will be kept.

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.

Discuss Your Estate Planning Priorities

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. We also serve clients seeking an estate planning attorney in Red Bank and a Jersey City estate planning attorney and families throughout Bergen and Morris Counties from our Hackensack and Morristown offices. Call us or reach out online today to schedule your personalized consultation.

Frequently Asked Questions

1. Can Willis Law Group create a complete estate plan for my family?

Yes. At Willis Law Group, we create comprehensive estate plans tailored to your family, assets, and goals. Depending on your circumstances, your plan may include wills, trusts, powers of attorney, healthcare directives, beneficiary planning, and other legal tools designed to protect your wishes and your loved ones.

2. Can Willis Law Group help me decide which type of trust is right for my estate?

Yes. We help New Jersey families determine whether a revocable trust, irrevocable trust, or another trust structure makes sense for their goals. We look at your assets, family circumstances, need for control, asset protection goals, and long-term objectives before recommending a strategy.

3. Can Willis Law Group update an estate plan I already have?

Yes. We regularly help clients review and update existing estate plans when their family, finances, assets, or goals change. We can examine your current documents and recommend updates so your plan continues to reflect your wishes and work together properly.

4. Can Willis Law Group help protect my assets through estate planning?

Yes. We can help you explore estate planning and asset protection strategies designed to preserve the assets you have worked hard to build. Depending on your circumstances, this may involve trusts, business entities, insurance considerations, and other planning tools. We tailor the strategy to your specific goals rather than relying on a one-size-fits-all solution.

5. Can Willis Law Group help fund my trust after it is created?

Yes. We don’t believe estate planning ends when your trust documents are signed. Our process includes a Trust Fund Meeting where we guide you through properly transferring applicable assets so your trust can function as intended. Proper funding is an important part of making your estate plan effective.

6. Can Willis Law Group create an estate plan for a blended family?

Yes. Blended families can have unique estate planning concerns involving spouses, children from previous relationships, inheritances, property, and future care. We can help you structure a plan that addresses your family dynamics and clearly establishes how you want your assets and responsibilities handled.

7. Can Willis Law Group help protect an inheritance for my children or other beneficiaries?

Yes. We can design trusts and other estate planning strategies that provide greater control over how an inheritance is managed and distributed. Depending on the beneficiary’s circumstances, planning may also address creditors, financial responsibility, special needs, or long-term asset preservation.

8. Can Willis Law Group help me plan for incapacity as part of my estate plan?

Yes. We incorporate incapacity planning into appropriate estate plans so someone you trust can make financial or healthcare decisions if you become unable to make them yourself. We can prepare the necessary legal documents and explain how they work before a crisis occurs.

9. Can Willis Law Group help me create an estate plan that addresses long-term care and Medicaid?

Yes. Because we focus exclusively on elder law and estate planning, we can coordinate your estate plan with long-term care and Medicaid planning when appropriate. Our team can evaluate your circumstances and explain strategies that may help protect assets while addressing potential future care needs.

10. What happens when I hire Willis Law Group to create my estate plan?

We follow a clear, personalized process. We begin with an initial meeting to understand your family, assets, concerns, and goals. We then develop and present a customized strategy, review and finalize your documents with you, and guide you through funding your trust when applicable. Our goal is to make the process understandable and give you confidence that your plan is properly structured.

More Estate Planning Guides

Resources