Pannysylvania Magazine

RED BANK, NJ – October 16, 2026 – Families across New Jersey often delay estate planning under the mistaken belief that it is only necessary for the wealthy, leaving spouses, children, and other loved ones exposed to lengthy probate proceedings, unexpected tax exposure, and outcomes that may not reflect the decedent’s wishes. New Jersey estate planning attorney Christine Matus of The Matus Law Group (https://matuslaw.com/new-jersey-estate-planning-attorney/) is providing guidance on how a properly structured plan can protect assets, document personal health care decisions, and direct how a legacy is administered for the people who matter most.

According to New Jersey estate planning attorney Christine Matus, a thoughtful plan addresses far more than the distribution of property at death. It can shield families from financial risks tied to divorce, probate costs, lawsuits, disability, nursing home expenses, and inheritance tax exposure, while also providing instructions on end-of-life care if a person becomes terminally ill. “Estate planning is for everyone, not only those with significant wealth,” Matus explains. “It is about making sure your voice is heard when you can no longer speak for yourself and that your family is protected from preventable hardship.”

New Jersey estate planning attorney Christine Matus emphasizes that the consequences of dying without a plan can be especially harsh for blended families, unmarried partners, and close friends. Under N.J.S.A. §§ 3B:5-3 and 3B:5-4, probate assets are distributed according to a fixed statutory order of surviving relatives. When intestacy laws control, the Surrogate’s Court appoints an administrator rather than an executor chosen by the decedent, and people the decedent intended to protect may receive nothing at all.

Attorney Matus notes that several core documents form the foundation of most New Jersey estate plans. A last will and testament must generally be in writing, signed by the testator, and signed by at least two witnesses under N.J.S.A. § 3B:3-2. A durable power of attorney authorizes a trusted agent to manage financial affairs if the principal becomes incapacitated, avoiding the need for a costly guardianship proceeding. A health care proxy directive appoints a decision-maker for medical care, while a living will under the Advance Directives for Health Care Act records instructions for future treatment if capacity is lost.

The firm also helps families weigh the differences between wills and revocable living trusts. A will takes effect at death and must be administered through probate, while a revocable living trust takes effect immediately and remains under the grantor’s control until incapacity or death. Assets properly transferred into a trust generally pass outside probate, which offers privacy, faster distribution, and additional flexibility for families with real estate in multiple states or unique circumstances.

Inheritance tax planning remains an important consideration in New Jersey, even though the state eliminated its estate tax effective January 1, 2018. Under N.J.S.A. § 54:34-1, the inheritance tax still applies and varies based on the beneficiary’s relationship to the decedent. Class A beneficiaries such as spouses, children, and grandchildren are exempt, while siblings, friends, and unrelated individuals may face rates ranging from 11% to 16%. Strategic use of trusts, beneficiary designations, and lifetime gifting can help reduce inheritance tax exposure, though transfers within three years of death may be presumed to have been made in contemplation of death.

“Special needs planning and elder law issues require particular care,” Matus adds. “A poorly structured plan can disqualify a loved one from essential government benefits or trigger a Medicaid penalty period that could have been avoided with earlier action.” A special needs trust allows families to provide supplemental support without affecting Supplemental Security Income or Medicaid eligibility, while Medicaid planning must account for the five-year look-back rule under 42 U.S.C. § 1396p.

Other significant decisions addressed in a comprehensive plan include naming a guardian for minor children, establishing testamentary trusts that release inheritance at appropriate ages, and updating documents after major life events such as marriage, divorce, the birth of a child, or a significant change in financial circumstances. Periodic reviews every three to five years help ensure that the plan continues to reflect current wishes and remains effective under any recent changes to New Jersey law.

For families seeking to protect their legacies, working with a knowledgeable attorney can make the difference between a plan that simply exists and one that truly carries out a person’s wishes. The firm encourages residents in Red Bank, Monmouth County, Ocean County, and surrounding communities to take proactive steps before unexpected events make planning more difficult.

About The Matus Law Group:

The Matus Law Group is a Red Bank-based law firm dedicated to estate planning, special needs planning, and related areas of New Jersey law. Led by attorney Christine Matus, the firm serves families throughout Monmouth County, Ocean County, and Middlesex County, helping clients design plans that protect assets, document health care decisions, and provide for loved ones across generations. For consultations, call (732) 785-4453.

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Website: https://matuslaw.com/monmouth-county-nj/

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Company Name: The Matus Law Group
Contact Person: Christine Matus
Email: Send Email
Phone: (732) 785-4453
Address:125 Half Mile Rd Ste 200, Red Bank, NJ 07701
City: Red Bank
State: New Jersey
Country: United States
Website: https://matuslaw.com/monmouth-county-nj/