Estate Planning
Estate Planning Attorney in Union, NJ
Planning your estate means deciding who gets what, who makes decisions if you cannot, and how your family avoids unnecessary court involvement after you are gone. An estate planning attorney puts the right legal documents in place, wills, trusts, powers of attorney, and advance directives, so your wishes are honored and your family is protected. The Law Firm of Benjamin D. Eckman has served Union County families for more than 25 years, with a practice focused entirely on estate planning and elder law. Attorney Benjamin Eckman holds memberships in the New Jersey State Bar Association’s Elder Law Section and the Union County Bar Association, and his office on Morris Avenue is a ten-minute drive from most Union Township neighborhoods. To schedule a consultation, call (908) 206-1000 or book online.
Last Updated: June 2026. Laws and financial thresholds referenced on this page reflect current New Jersey statutes as of this date. Estate planning rules can change; consult an attorney for advice specific to your situation.
Who Needs an Estate Planning Attorney in Union, NJ?
Estate planning is not just for the wealthy or the elderly. You need an estate plan if you own a home, have minor children, hold retirement accounts, or want to name someone to make healthcare decisions on your behalf. Residents of Union Township and surrounding Union County communities also commonly seek estate planning help when aging parents need Medicaid planning, when a family member has a disability, when a marriage or divorce changes an existing plan, or when a loved one has died and the family must navigate probate in New Jersey.
Estate Planning Services in Union, NJ
The Law Firm of Benjamin D. Eckman handles the full range of estate planning and elder law services for Union County residents. Below is what each service covers and when it typically applies.
Last Will and Testament
A will is the foundation of most estate plans, but it has real limitations people often overlook. It only takes effect after death, so it does nothing to manage your affairs if you become incapacitated. It also does not avoid probate, in New Jersey, a will is filed with the Union County Surrogate’s Court, which initiates the probate process. What a will does well: it names your executor, directs how your property is distributed, and, critically for parents, designates guardians for minor children. Every parent in Union Township should have a will for that reason alone.
Revocable Living Trusts
A revocable living trust lets you transfer assets to a legal entity you control during your lifetime and pass them to your beneficiaries at death without going through probate. For Union County homeowners, particularly those who also own property in another state, a trust avoids the time, cost, and public exposure of multiple probate proceedings. You can modify or revoke it at any time. Many families use a trust alongside a will rather than instead of one.
Irrevocable Trusts
An irrevocable trust gives up flexibility in exchange for protection. Once funded, the assets are generally shielded from creditors and, with proper planning, from Medicaid spend-down requirements. A Medicaid Asset Protection Trust is one of the most common irrevocable trust structures used by Union County families planning ahead for nursing home costs. Because transferring assets into an irrevocable trust starts the five-year Medicaid lookback clock, timing matters, and early planning produces significantly better outcomes.
Powers of Attorney
A durable power of attorney designates someone to manage your financial and legal affairs if you become incapacitated. Without one, your family may need to petition a court for guardianship, a process that is slower, more expensive, and more public than simply having the document in place. New Jersey financial institutions may also hesitate to honor powers of attorney that are more than a year old, so Attorney Eckman recommends reviewing and updating this document regularly.
Advance Directives and Healthcare Proxies
An advance directive, sometimes called a living will, tells your medical providers what treatments you do or do not want if you lose the ability to communicate. It also names a healthcare proxy to make decisions on your behalf. Any Union, NJ resident over the age of 18 can execute an advance directive, and the document is legally binding in New Jersey. Without it, healthcare providers may be unable to share your medical information even with close family members.
Special Needs Estate Planning
Families caring for a child or adult with a disability face a specific planning challenge: how to provide financially for that person without disqualifying them from Medicaid or SSI. A Special Needs Trust holds assets for the benefit of the person with a disability while preserving their government benefit eligibility. Attorney Eckman has helped hundreds of New Jersey families structure these trusts correctly, a detail that matters because an improperly drafted trust can disqualify the very benefits it was meant to protect.
Probate and Estate Administration
When someone dies, their estate typically goes through probate, a court-supervised process for paying debts and distributing assets. In Union County, probate filings are handled through the Union County Surrogate’s Court on Broad Street in Elizabeth. Executors often underestimate how much is involved: asset inventory, creditor notices, tax filings, and beneficiary distributions all require careful documentation. Attorney Eckman guides executors and administrators through the process and represents estates in disputes when they arise.
Asset Protection
Asset protection planning addresses the risk that creditors, lawsuits, or long-term care costs will deplete the wealth you intend to pass on. Strategies range from LLC formation and exempt asset conversion to Medicaid Asset Protection Trusts and strategic titling of property. This work is most effective when done years before a crisis, not in response to one.
Guardianship and Conservatorship
When an adult can no longer make decisions for themselves and no power of attorney exists, a court must appoint a guardian or conservator. The Law Firm of Benjamin D. Eckman helps families both establish guardianships proactively and navigate contested proceedings when family members disagree. Guardianship petitions in Union County are filed in the Superior Court of New Jersey, Union County Vicinage.
Will Contests and Estate Litigation
When a will is challenged, for undue influence, lack of capacity, or fraud, or when an executor is accused of misconduct, the estate requires legal representation. The firm handles will contests and estate disputes across Union County, including beneficiary conflicts and multi-heir disagreements over intestate estates.
Why Choose the Law Firm of Benjamin D. Eckman
Few estate planning attorneys in Union County have practiced exclusively in elder law and estate planning for more than 25 years. Benjamin Eckman does not handle personal injury, criminal defense, or real estate, this is all he does, which means clients get advice informed by thousands of estate plans, Medicaid applications, and probate proceedings specific to New Jersey. He is licensed in both New Jersey and New York, active in the Union, Passaic, and Bergen County Bar Associations, and a member of the NJSBA Elder Law Section. His office on Morris Avenue has served Union Township families for decades, clients consistently cite his honesty, responsiveness, and ability to explain complex legal issues in plain terms. That combination of deep specialization and local presence is genuinely uncommon in this area of law.
Why Hiring an Estate Planning Attorney Matters
Do-it-yourself wills and online trust documents create problems families don’t discover until it’s too late to fix them. A will signed without proper witnesses is invalid in New Jersey. A trust that isn’t funded, meaning assets were never transferred into it, accomplishes nothing. A power of attorney drafted too broadly, or not broadly enough, can fail at the moment it’s needed most. The gap between a document that exists and a document that works is where attorney experience matters. Attorney Eckman has reviewed estates where a missing signature, an outdated beneficiary designation, or a poorly worded trustee succession clause cost families tens of thousands of dollars and months in court. An estate plan prepared by a qualified NJ attorney eliminates those risks and holds up when it is tested.
What a Complete Estate Plan Delivers
A properly structured estate plan does several things at once. It transfers your assets to the people you choose, on the timeline you choose, with the least possible court involvement. It designates decision-makers for financial and healthcare matters if you become incapacitated, protecting you during your lifetime, not just after death. For families with significant assets or real property, it can reduce or eliminate New Jersey inheritance tax exposure and federal estate tax liability. For families with a loved one who has a disability, it preserves government benefit eligibility while still providing financial support. And for executors, it reduces the administrative burden of settling an estate by clarifying your wishes and organizing your affairs in advance. A complete plan is not a single document, it is a coordinated set of legal instruments that work together.
Important NJ Estate Planning Rules to Know
New Jersey has several rules that directly affect how your estate is handled, and how much of it reaches your family.
New Jersey does not have a state estate tax, following the repeal of the estate tax in 2018. However, New Jersey does impose an inheritance tax on assets passing to certain beneficiaries. Transfers to children, grandchildren, and spouses are exempt. Transfers to siblings, in-laws, and unrelated individuals are taxed at rates between 11% and 16%. A properly structured estate plan accounts for this distinction.
New Jersey’s Medicaid five-year lookback rule means that asset transfers made within 60 months of a Medicaid application can be reviewed and may result in a penalty period of ineligibility. Families who wait until a nursing home admission to begin planning have significantly fewer options than those who plan five or more years in advance.
For probate, the Union County Surrogate’s Court processes estate filings. New Jersey probate is generally simpler than in many other states, small estates under $50,000 (with no real property) may qualify for a simplified affidavit process. Larger estates go through formal probate, which typically takes six months to a year. Trusts avoid this process entirely.
Powers of attorney and advance directives should be reviewed every one to three years. Financial institutions in New Jersey are permitted to reject documents they consider stale, and an outdated power of attorney can leave a family unable to act when a crisis occurs.
What Happens After You Call
Step 1: Schedule Your Consultation
Call (908) 206-1000 or book online to set up your initial consultation at the Union office on Morris Avenue. The firm responds promptly to all inquiries and typically schedules consultations within a few business days.
Step 2: Review Your Situation
The first consultation is a substantive conversation, not a sales call. Attorney Eckman reviews your current assets, family structure, and any existing documents. He identifies gaps, explains your options in plain language, and outlines what a complete plan for your situation would include.
Step 3: Receive Your Recommendations
After the consultation, you receive a clear picture of what documents you need, what each one does, and why. There is no pressure to proceed, the goal is for you to leave with a real understanding of where you stand and what your next steps are.
Step 4: Draft and Execute Your Documents
Once you decide to move forward, Attorney Eckman drafts your documents and schedules a signing appointment. New Jersey has specific execution requirements, wills require witnesses; trusts require proper funding. The firm manages all of this so nothing is missed.
Step 5: Ongoing Support
Your estate plan should be reviewed after major life changes, marriage, divorce, the birth of a child, a significant change in assets, or the death of a named beneficiary or executor. The Law Firm of Benjamin D. Eckman remains available to update your documents as your circumstances change.
Key Takeaways
- New Jersey imposes an inheritance tax on transfers to siblings, in-laws, and unrelated beneficiaries, but not to spouses, children, or grandchildren.
- A will does not avoid probate in New Jersey; it initiates it. A funded revocable living trust does avoid probate.
- The Medicaid five-year lookback rule means asset protection planning must begin years before a nursing home stay, not during one.
- A power of attorney and advance directive are just as important as a will, they protect you during incapacity, not just after death.
- Union County probate is administered through the Union County Surrogate’s Court. Small estates under $50,000 with no real property may qualify for a simplified process.
Common Questions About Estate Planning in Union, NJ
What does estate planning include?
Estate planning includes the legal documents that govern what happens to your assets, your healthcare, and your financial affairs, both during your lifetime and after death. A complete plan typically includes a will, one or more trusts (depending on your situation), a durable power of attorney, and an advance directive. For families with a loved one who has a disability, it also includes a Special Needs Trust. Each document serves a distinct purpose; having one without the others leaves gaps that can create problems for your family.
What happens if you die without a will in New Jersey?
If you die without a will in New Jersey, your estate is distributed according to state intestacy laws. Your assets pass first to a spouse, then to children, then to other relatives in a set order, regardless of your actual wishes. If you have minor children and no will, a court decides who raises them. Dying without a will also means your estate goes through probate with no guidance from you, which increases cost and the potential for family conflict.
How do I avoid probate in New Jersey?
The most reliable way to avoid probate in New Jersey is to hold assets in a funded revocable living trust. Assets titled in the trust’s name pass directly to your beneficiaries at death without court involvement. Other probate-avoidance tools include joint tenancy with right of survivorship, pay-on-death designations on bank accounts, and beneficiary designations on retirement accounts and life insurance. An estate planning attorney can review your asset inventory and identify which tools make sense for your situation.
What is a living trust and do I need one in New Jersey?
A living trust is a legal entity you create during your lifetime to hold and manage your assets. You typically serve as your own trustee while you are alive and capable, and a successor trustee takes over at your death or incapacity. The main benefit in New Jersey is probate avoidance, assets in the trust transfer to your beneficiaries without going through the Surrogate’s Court. A living trust is most valuable when you own real estate, have assets in multiple states, or want to keep the details of your estate private. For simpler estates, a well-drafted will may be sufficient.
How does the NJ inheritance tax affect my estate plan?
New Jersey’s inheritance tax applies to transfers to Class C and Class D beneficiaries, primarily siblings, in-laws, and unrelated individuals. Transfers to spouses, children, grandchildren, and parents are fully exempt. The tax rate ranges from 11% to 16% depending on the amount transferred and the recipient’s relationship to the deceased. Careful planning, including the use of trusts and strategic beneficiary designations, can reduce or eliminate inheritance tax exposure for Union County families.
When should I update my estate plan?
You should review your estate plan after any major life event: marriage, divorce, the birth or adoption of a child, the death of a named executor or beneficiary, a significant change in assets, or a move to a new state. Even without a major change, reviewing your documents every three to five years ensures they still reflect your wishes and comply with current New Jersey law. Powers of attorney in particular should be refreshed regularly, as financial institutions may refuse to honor documents they consider stale.
How much does estate planning cost in New Jersey?
Estate planning costs in New Jersey vary depending on the complexity of your situation. A basic will and power of attorney package is less expensive than a full trust-based plan with Medicaid planning components. Most estate planning attorneys, including the Law Firm of Benjamin D. Eckman, offer a consultation to review your situation and provide a clear fee structure before any work begins. The cost of proper planning is consistently lower than the cost of fixing an estate plan that fails, or of going through contested probate without one.
What is the difference between a will and a trust in New Jersey?
A will directs how your assets are distributed after death and must go through probate. A trust holds assets during your lifetime and transfers them at death without probate. A will can name guardians for minor children; a trust generally cannot. Trusts offer privacy, probate records are public in New Jersey, while trust distributions are not. For many Union County families, the right answer is both: a trust for the bulk of your assets and a pour-over will to catch anything not transferred into the trust.
Areas We Serve
The Law Firm of Benjamin D. Eckman serves estate planning clients throughout Union County and the surrounding region from its office on Morris Avenue in Union Township, near US Highway 22 and the Garden State Parkway. The firm regularly works with families in Springfield, Westfield, Cranford, Kenilworth, Hillside, Roselle Park, and Elizabeth, as well as clients in Maplewood and Irvington in Essex County. For matters requiring coordination with Essex, Bergen, or Passaic County courts, the firm’s three-office presence, Union, Wayne, and Hackensack, provides direct access across northern New Jersey.
Speak With an Estate Planning Attorney in Union, NJ
Your family deserves a plan that holds up. The Law Firm of Benjamin D. Eckman offers an initial consultation to review your situation and explain your options, no pressure, no obligation. Call (908) 206-1000 or book your consultation online today. The office is conveniently located on Morris Avenue in Union Township and serves clients throughout Union County and northern New Jersey.