Hackensack, New Jersey Estate Planning and Elder Law Attorney

Estate planning helps people in Hackensack protect their families, preserve their assets, and make sure their wishes are honored after they’re gone. At the Law Firm of Benjamin D. Eckman, we provide focused representation across Bergen County and surrounding areas so clients can plan with confidence and give their loved ones peace of mind.

We understand this process involves more than legal documents. It’s about protecting what matters most to you. Whether you need a simple will, want to avoid probate, or need to plan for a family member with special needs, we’re here to guide you through each step. Call (201) 263-9161 to discuss your goals with an experienced attorney.

Who We Help With Estate Planning

We help clients who are dealing with planning for retirement and protecting assets as they age, concerned about nursing home costs and long-term care expenses, need to protect a family home from probate or Medicaid recovery, have a loved one with disabilities who needs ongoing support, facing family conflicts over inheritance or care decisions, want to avoid probate and make things easier for their family, worried about protecting assets while qualifying for Medicaid, need to update documents after marriage, divorce, or loss of a spouse, have dual citizenship and assets in multiple countries, or want to make sure healthcare wishes are clear if they can’t speak for themselves.

Our Estate Planning Services

Estate planning gives you control over what happens to your assets and who makes decisions if you can’t. We help you create a plan that reflects your values and protects the people you care about.

Wills

A will lets you decide who receives your property, who cares for minor children, and who handles your estate. We draft clear, legally sound wills that reduce the chance of disputes and make sure your wishes are followed.

Trusts

Trusts help you avoid probate, protect assets, and control how your property is distributed. We create revocable living trusts, irrevocable trusts, and other trust structures based on your needs.

Probate & Estate Administration

When someone passes away, their estate often goes through probate. We guide executors and administrators through the process, handle court filings, resolve debts, and distribute assets according to the will or state law.

Special Needs Estate Planning

If you have a family member with disabilities, we help you create special needs trusts that provide financial support without jeopardizing government benefits like Medicaid or SSI.

Guardianship & Conservatorship

When a loved one can’t make decisions due to illness or injury, guardianship may be necessary. We help families navigate the court process to establish legal authority for healthcare and financial decisions.

Disability Retirement Planning

Planning for retirement includes preparing for potential disability. We help you create advance directives, powers of attorney, and financial plans that protect your assets and ensure quality care.

Will Contests & Litigation

Estate disputes can tear families apart. We represent clients in will contests, executor misconduct cases, and other estate-related litigation to protect your rights and your inheritance.

Asset Protection

Asset protection planning shields your wealth from lawsuits, creditors, and long-term care costs. We use legal structures like LLCs, trusts, and insurance strategies to safeguard what you’ve worked hard to build.

Estate Planning for Dual Citizenship

If you hold citizenship in multiple countries or own property abroad, your estate plan needs to address international tax laws and inheritance rules. We coordinate plans across borders to protect your assets and your family.

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

We’ve spent 25+ years helping families in Bergen County protect what matters most. Attorney Benjamin D. Eckman is licensed in both New Jersey and New York, giving him deep knowledge of local regulations and how they affect your estate plan.

Our approach is personal. We take time to understand your family, your concerns, and your goals. We explain complex legal concepts in plain language so you can make informed decisions. Whether you’re planning for the first time or updating documents from years ago, we treat every client with respect and care.

We’re members of the New Jersey State Bar Association’s Elder Law and Real Property, Probate & Trust Sections, and the Bergen County Bar Association. We stay current on New Jersey estate law so you get advice that reflects the latest rules and protections. Our clients include families, professionals, business owners, and individuals with special planning needs. Financial advisors and other attorneys trust us to handle their clients’ estate planning because they know we’ll do it right.

How Our Estate Planning Process Works

Initial Consultation

We start by listening. You tell us about your family, your assets, and your concerns. We explain your options and recommend strategies that fit your situation.

Document Preparation

We draft your estate planning documents, including wills, trusts, powers of attorney, and healthcare directives. You review everything before we finalize it.

Signing and Execution

We coordinate the proper signing and witnessing of your documents to make sure they’re legally valid under New Jersey law.

Asset Funding (if applicable)

For trusts, we help you retitle assets so they’re owned by the trust. This step is critical to avoid probate.

Ongoing Updates

Life changes, and so should your estate plan. We encourage clients to review their documents every few years or after major life events.

Important Things to Know About Estate Planning in Hackensack, NJ

Estate planning in New Jersey involves specific rules and deadlines you need to understand. New Jersey probate can begin 10 days after death, and creditors have 9 months to file claims against the estate. If you’re creating a trust to protect assets from Medicaid, New Jersey has a 5-year lookback rule for asset transfers, so planning ahead is essential.

Not all assets go through probate. Jointly owned property, beneficiary-designated accounts like life insurance or retirement funds, and assets held in trust can transfer directly to your heirs without court involvement. That’s one reason trusts are so popular.

Powers of attorney and healthcare directives must be in place before incapacity occurs. Once someone loses the ability to make decisions, it’s too late to sign these documents, and families may need to go through guardianship court proceedings.

Inheritance tax returns must be filed within 8 months of death to avoid penalties. Estate planning documents should be reviewed every 3-5 years or after major life events like marriage, divorce, or the birth of a child to make sure they still reflect your wishes.

Frequently Asked Questions About Estate Planning

Do I need a will if I don’t have a lot of assets?

Yes. A will is important even if you don’t have significant wealth. It lets you name guardians for minor children, choose who handles your estate, and avoid family disputes. Without a will, New Jersey intestacy laws decide who gets your property, and that may not match what you would have wanted.

What’s the difference between a will and a trust?

A will goes into effect after you die and usually requires probate. A trust can take effect immediately, avoid probate, and give you more control over how and when your assets are distributed. Trusts also offer privacy because they don’t go through public court proceedings like wills do.

How can I avoid probate in New Jersey?

You can avoid probate by using a revocable living trust, designating beneficiaries on accounts like life insurance and retirement plans, or holding property jointly with rights of survivorship. A trust is often the most complete solution because it covers real estate, bank accounts, and personal property.

What happens if I become incapacitated without a power of attorney?

If you become unable to make decisions and don’t have a power of attorney in place, your family will need to go to court to establish guardianship. This process is time-consuming, expensive, and stressful. A durable power of attorney and healthcare proxy let someone you trust make decisions without court involvement.

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

Yes. You can update your will or revocable trust at any time. We recommend reviewing your plan every few years or after major life changes like marriage, divorce, the birth of a child, or a significant change in your financial situation.

How does Medicaid planning relate to estate planning?

Medicaid planning helps you qualify for long-term care benefits while protecting your assets. Because New Jersey has a 5-year lookback period, you need to plan well in advance. Strategies like Medicaid Asset Protection Trusts can shield your home and savings from nursing home costs while keeping you eligible for benefits.

What is a special needs trust and who needs one?

A special needs trust provides financial support for a person with disabilities without disqualifying them from government benefits like Medicaid or SSI. If you have a child or family member with special needs, this type of trust is essential for their long-term security.

Areas We Serve

We serve clients throughout Bergen County and surrounding areas from our Hackensack office. Families from Teaneck, Bogota, Maywood, Rochelle Park, River Edge, and Bergenfield trust us for estate planning guidance. We understand the local community and the specific concerns of Northern New Jersey families.

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 (201) 263-9161 today to schedule your consultation, or click the button below. Our Hackensack office is located at 1 University Drive, Suite 609, and we’re here to help you create a plan that works for your family.