Estate planning helps people in Union protect their families, preserve their assets, and make sure their wishes are followed. At the Law Firm of Benjamin D. Eckman, we serve clients throughout Union County and the surrounding area from our Morris Avenue office. Our goal is to help you plan with confidence so your family has clarity when it matters most.

We know this process is about more than paperwork. It’s about the people you love and the life you’ve built. Whether you’re preparing a will, creating a trust, or planning for long-term care, we’ll guide you through every step. Call (908) 206-1000 to speak with an experienced attorney about your goals.

Who We Help With Estate Planning

We work with clients across a wide range of situations, including those who are:

• Planning for retirement and thinking about how to protect their assets as they age
• Concerned about the cost of nursing home or long-term care
• Trying to protect a family home from probate or Medicaid recovery
• Caring for a loved one with disabilities who needs long-term financial support
• Dealing with family disagreements over inheritance or care decisions
• Looking to avoid probate and simplify things for their family
• Working to preserve assets while meeting Medicaid eligibility requirements
• Updating documents after a marriage, divorce, or the death of a spouse
• Holding assets or citizenship in more than one country
• Wanting to make sure their healthcare wishes are documented and respected

Our Estate Planning Services

A good estate plan puts you in control of what happens to your property and who makes decisions if you can’t. We work with each client to create a plan that fits their family, their finances, and their values.

Wills

A will lets you decide who inherits your assets, who cares for minor children, and who manages your estate. We draft clear, legally valid wills that reflect your wishes and reduce the risk of future disputes.

Trusts

Trusts let you avoid probate, protect assets from creditors, and control when and how your property passes to your beneficiaries. We create revocable living trusts, irrevocable trusts, and other structures based on your specific needs.

Probate and Estate Administration

When a loved one passes away, their estate often goes through probate. We guide executors and administrators through the process at Union County Surrogate’s Court, handle filings, resolve outstanding debts, and make sure assets are distributed correctly.

Special Needs Estate Planning

If you have a family member with disabilities, a special needs trust can provide financial support without affecting their eligibility for Medicaid or SSI. We help families structure these plans to protect benefits and provide for long-term care.

Guardianship and Conservatorship

When a loved one can no longer make decisions due to illness or injury, guardianship may be necessary. We help families go through the court process to establish legal authority for healthcare and financial decisions.

Disability Retirement Planning

Retirement planning should account for the possibility of future disability. We help you put advance directives, powers of attorney, and financial safeguards in place before they’re needed.

Will Contests and Litigation

When estate disputes arise, they can divide families. We represent clients in will contests, executor misconduct cases, and other estate-related litigation at Union and Essex County courts to protect your rights.

Asset Protection

Asset protection planning helps shield your wealth from lawsuits, creditors, and the high cost of long-term care. We use legal structures like trusts and LLCs to help protect what you’ve worked to build over a lifetime.

Estate Planning for Dual Citizenship

If you hold citizenship in more than one country or own property abroad, your estate plan needs to account for international tax laws and inheritance rules. We help coordinate plans across borders so your assets and your family are protected.

Why Choose the Law Firm of Benjamin D. Eckman for Estate Planning

Attorney Benjamin D. Eckman has spent more than 25 years helping families in Union County protect what matters most. He is licensed in both New Jersey and New York and brings deep knowledge of state and local rules that affect your estate plan.

Our approach is personal. We take time to understand your family, your concerns, and your priorities. We explain your options in plain language so you can make informed decisions without feeling overwhelmed. Whether you’re creating your first estate plan or updating documents from years ago, every client receives individual attention and care.

Attorney Eckman is a member of the New Jersey State Bar Association’s Elder Law and Real Property, Probate and Trust Sections, and the Union County Bar Association. He stays current on New Jersey estate law so the advice you receive reflects the latest rules and protections.

Our clients include families, retirees, professionals, and business owners throughout Union County. Financial advisors and fellow attorneys regularly refer their clients to our office because they trust that the work will be done right.

How Our Estate Planning Process Works

Initial Consultation We start by listening. You share details about your family, your assets, and your goals. We explain your options and recommend a strategy that fits your situation.

Document Preparation We draft your estate planning documents, including your will, trust, power of attorney, and healthcare directives. You review everything before we finalize anything.

Signing and Execution We coordinate the signing and witnessing of your documents to make sure they meet all New Jersey legal requirements.

Asset Funding (if applicable) For trusts, we help you retitle assets so they’re held in the trust. This step is what actually keeps assets out of probate.

Ongoing Updates Your estate plan should grow with your life. We encourage clients to review their documents every few years or after major life events.

Important Things to Know About Estate Planning in Union, NJ

Estate planning in New Jersey comes with specific rules that are worth understanding before you start.

New Jersey probate cannot begin until 10 days after death. Creditors have up to 9 months to file claims against an estate. If your goal is to use a Medicaid Asset Protection Trust to shield your home or savings from nursing home costs, you need to act well in advance, New Jersey enforces a 5-year lookback period for asset transfers.

Not every asset goes through probate. Property held jointly with rights of survivorship, accounts with named beneficiaries like life insurance and retirement funds, and assets owned by a trust all transfer directly to heirs without court involvement. This is one of the main reasons trusts are such a practical tool.

Powers of attorney and healthcare directives need to be signed while a person still has the capacity to do so. Once someone loses decision-making ability, those documents can’t be executed, and families may face costly guardianship proceedings in court.

Inheritance tax returns must be filed within 8 months of death to avoid penalties. Your estate planning documents should be reviewed every three to five years or after major changes in your family or financial situation.

Frequently Asked Questions About Estate Planning

Do I need an estate plan even if I don’t have a large estate? 

Yes. Estate planning isn’t only about wealth. It lets you name guardians for minor children, designate who handles your affairs, and prevent family conflict. Without a will, New Jersey’s intestacy laws determine how your property is distributed, and that result may not match your wishes.

What is the difference between a will and a trust? 

A will takes effect after you die and typically goes through probate, which is a public court process. A trust can take effect immediately, avoid probate entirely, and give you more detailed control over how and when your assets are distributed. Trusts also keep your affairs private because they don’t go through the courts the way wills do.

How can I keep my estate out of probate in New Jersey? 

The most complete approach is a revocable living trust. You can also designate beneficiaries on accounts like retirement plans and life insurance, or hold real property jointly. A trust covers real estate, bank accounts, and personal property in a single coordinated plan.

What happens if I become incapacitated and don’t have a power of attorney? 

Your family will need to seek guardianship through the New Jersey court system, a process that takes time, costs money, and requires a public hearing. A durable power of attorney and healthcare proxy allow someone you trust to act on your behalf without court involvement.

Can I change my estate plan after it’s been created? 

Yes. You can amend a will or revocable trust at any time while you have legal capacity. We recommend reviewing your plan every few years or after significant life changes such as marriage, divorce, or a major shift in your finances.

How does Medicaid planning connect to estate planning? 

Medicaid planning helps you structure your assets so you can qualify for long-term care benefits while protecting as much of your estate as possible. Because of New Jersey’s 5-year lookback period, this kind of planning needs to happen well before a nursing home stay. Tools like Medicaid Asset Protection Trusts can protect your home and savings while keeping you eligible for benefits.

What is a special needs trust, and does my family need one? 

A special needs trust holds and manages assets for a person with disabilities without disqualifying them from Medicaid or SSI. If you have a child or family member with special needs, this planning is essential to protect their long-term financial security.

Areas We Serve

Our Union office serves families throughout Union County and surrounding communities. Clients from Springfield, Kenilworth, Hillside, Roselle Park, Cranford, Westfield, Millburn, Maplewood, Irvington, and Elizabeth trust us for estate planning guidance. We understand the needs of Central New Jersey families and the specific rules that apply in Union County.

Speak With an Estate Planning Attorney in Hackensack

Don’t wait until it’s too late to protect your family and your legacy. Estate planning gives you control and gives your loved ones clarity during difficult times. Schedule a consultation so you can learn your options without any obligation.

Call (908) 206-1000 today to schedule your consultation, or click the button below. Our Union office is located at 1767 Morris Ave Suite 314, in Union, and we’re here to help you create a plan that works for your family.