American Estate Planning Series
New Jersey Estate Planning
Learn the fundamentals of New Jersey estate planning through state-specific educational videos and trusted resources designed to help you make informed decisions with confidence. When you're ready for personalized legal guidance, connect with Russ Nesevich, the New Jersey Contributing Attorney for the American Estate Planning Series, whose practice is dedicated exclusively to estate planning and elder law.
Choose Your Next Step
Not sure where to begin? Choose the path that fits your situation.
Just Getting Started
If you're new to estate planning or want a clear overview of how it all works in New Jersey, start here.
Learn the basics
Understand wills vs. trusts
See what most people actually need
Ready to Put a Plan Together
If you’re ready to take the next step and want a simple way to think through your plan:
Identify your goals and priorities
Organize your assets and decisions
Work through a simple plan
Looking for Legal Help
If you’re ready to move forward or want guidance specific to your situation:
Speak with a New Jersey estate planning attorney
Get advice tailored to your situation
Move forward with a clear plan
What Makes New Jersey Estate Planning Different
Estate planning is not one-size-fits-all. While many estate planning principles are similar across the country, New Jersey has its own probate procedures, inheritance tax rules, healthcare directive laws, and estate planning considerations that can significantly affect your family's plan. Understanding these state-specific differences can help you make more informed decisions and avoid unnecessary complications.
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Every state has its own laws governing wills, trusts, powers of attorney, probate, and healthcare directives. Understanding New Jersey's legal requirements is an important first step toward creating an estate plan that will work as intended.
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Although New Jersey no longer imposes a state estate tax, it still has an inheritance tax that may apply to certain beneficiaries depending on their relationship to the person who died. This makes beneficiary designations and estate planning strategies particularly important for some families.
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The probate process in New Jersey is often simpler than many people expect, but the process can become more complicated depending on the type of assets involved, whether a valid will exists, and whether disputes arise among family members.
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Both wills and living trusts can play an important role in a New Jersey estate plan. Understanding when each tool is appropriate—and when they should be used together—can help families accomplish their planning goals more effectively.
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New Jersey recognizes financial powers of attorney and advance healthcare directives that allow trusted individuals to make financial and medical decisions if you become unable to act for yourself. Properly preparing these documents is an essential part of nearly every estate plan.
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Your home is often one of your family's largest assets. New Jersey estate planning frequently involves strategies for transferring real estate efficiently while coordinating beneficiary designations, jointly owned property, retirement accounts, and other assets.
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Many New Jersey families include long-term care planning as part of their overall estate plan. Depending on your circumstances, planning ahead may help preserve assets while preparing for the possibility of future healthcare or nursing home expenses.
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One of the most important decisions in any estate plan is selecting the people who will carry out your wishes. Choosing the right executor, trustee, financial agent, healthcare representative, and guardians can have a lasting impact on your family's experience.
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You should review your estate plan after major life events such as marriage, divorce, the birth of a child or grandchild, retirement, moving to or from Illinois, or significant changes in your assets or family circumstances. Even without major changes, reviewing your plan every few years is a good practice.
Before You Choose an Estate Planning Attorney
Every estate planning attorney is different. Experience, communication style, responsiveness, and a commitment to education can all have a meaningful impact on your family's planning experience. Before deciding who to work with, we encourage you to watch this short video explaining what to look for when choosing an estate planning attorney.
How to Choose an Estate Planning Attorney (7 Qualities That Really Matter)
The attorney featured below was selected because they demonstrate the qualities discussed in this video and have committed to helping educate families in New Jersey through the American Estate Planning Series.
Meet Your Illinois Estate Planning Attorney
AEPS Contributing Attorneys are experienced estate planning attorneys who help build the American Estate Planning Series by providing state-specific educational guidance and resources for consumers.
Russ Nesevich
Contributing New Jersey Estate Planning Attorney
Founder, Nesevich Law, LLC
Russ Nesevich is the founder of Nesevich Law, LLC, a New Jersey estate planning and elder law practice dedicated to helping individuals and families protect their loved ones, preserve their assets, and plan confidently for the future.
Before founding Nesevich Law, Russ spent more than a decade in the financial services industry. Today, he combines that financial background with his legal experience to help clients create practical estate plans that address both family and financial goals.
Russ is also passionate about educating the public. He has delivered hundreds of educational seminars and webinars and has produced more than 100 educational videos covering wills, trusts, probate, long-term care planning, and other estate planning topics. As the New Jersey Contributing Attorney for the American Estate Planning Series, Russ is helping build New Jersey's statewide educational library so families can better understand their options before meeting with an estate planning attorney.
Ready to Take the Next Step?
📞 Call Nesevich Law: (856) 543-2268
🌐 Visit Nesevich Law: https://www.nesevichlaw.com
Featured Estate Planning Resources
Practical guides and worksheets to help you organize your estate plan and make important decisions for your family.
5-Minute Estate Planning Checkup
Not sure whether your estate plan is complete? This free worksheet will help you identify common gaps and prioritize your next steps.
Who Should I Put In Charge?
Choosing the right people to serve as executor, trustee, financial agent, healthcare agent, and guardian can be one of the most important decisions in estate planning. This workbook will help you evaluate each role and make those choices with greater confidence.
Common New Jersey Estate Planning Questions
Every family's situation is unique, but many people have similar questions when they begin thinking about estate planning. The answers below provide a general overview of New Jersey law and common planning concepts. Because every situation is different, these topics should be viewed as educational information rather than legal advice.
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A will allows you to decide who inherits your property, who will administer your estate, and who will serve as guardian for minor children. Without a valid will, New Jersey law determines who inherits your assets, which may not reflect your wishes.
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If you die without a will, your estate is distributed according to New Jersey's intestacy laws. Depending on your family circumstances, your spouse, children, parents, or other relatives may inherit your assets according to a formula established by state law.
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Yes. Although New Jersey no longer has a state estate tax, it still has an inheritance tax that may apply to certain beneficiaries depending on their relationship to the person who died. Proper planning can often help families understand and prepare for these rules.
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No. New Jersey repealed its state estate tax beginning in 2018. However, federal estate tax rules may still apply to very large estates, and New Jersey's inheritance tax remains an important consideration for some families.
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Not everyone needs a living trust. For some families, a well-prepared will is sufficient. Others benefit from a revocable living trust because it can simplify estate administration, provide greater privacy, or help manage assets during incapacity. The right choice depends on your goals and circumstances.
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Some assets pass outside of probate automatically through beneficiary designations, joint ownership, or trust planning. Whether probate can be reduced or avoided depends on how your assets are titled and the type of estate plan you have in place.
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Most comprehensive estate plans include a will, financial power of attorney, advance healthcare directive, HIPAA authorization, and, when appropriate, a revocable living trust. The right combination depends on your personal and financial circumstances.
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Yes. Most estate planning documents can be updated as your life changes. Marriage, divorce, the birth of children or grandchildren, changes in finances, or moving to another state are all good reasons to review your plan.
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Even if nothing major has changed, it's generally wise to review your estate plan every few years. Laws change, assets change, and family relationships evolve over time.
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The best choice is someone who is responsible, trustworthy, organized, and willing to carry out your wishes. While many people choose a family member, others select a trusted friend or professional fiduciary depending on their circumstances.
More New Jersey Estate Planning Resources Are Coming
We're continuing to expand our New Jersey educational library with additional videos, articles, and downloadable resources.
In the meantime, if you have questions about your own New Jersey estate plan, Russ Nesevich and Nesevich Law, LLC are here to help.