Do I need more than a will?
Most New Jersey adults need a coordinated plan: will, power of attorney, healthcare directive, HIPAA release, and beneficiary-designation review.
Our Estate Planning Attorneys in New Jersey
Meet Simon Law Group's New Jersey estate planning practice for wills, trusts, probate, and fiduciary planning.
Authored by Christopher T. Tappan, Esq. ·
Reviewed by Britt J. Simon, Esq., Managing Partner · June 2026 6 min read
Simon Law Group's NJ estate planning practice is led by Britt J. Simon, Esq., who serves as responsible attorney for estate-planning clients across all 21 New Jersey counties.
Simon Law Group's New Jersey estate planning practice is attorney-led. Britt J. Simon, Esq. is identified in this content set as the responsible attorney for estate-planning pages. The practice helps New Jersey clients plan for incapacity, death, probate, fiduciary authority, trust administration, business succession, and tax-sensitive transfers. The goal is not to sell every client the same trust package. A will-based plan, revocable trust, irrevocable trust, power of attorney, advance directive, beneficiary-designation review, or probate filing should match the client's family, assets, fiduciaries, and risk profile.
The firm serves New Jersey clients through its Somerville office, by-appointment Morristown and Flemington offices, and remote meetings when the matter, documents, and attorney availability make that format appropriate.
Attorney-led planning, not document vending
Estate planning documents create legal authority. A will names an executor and distributes probate property. A trust can hold or manage assets. A power of attorney authorizes financial decisions during life. An advance directive identifies health care decision-makers and treatment preferences. Each document has to work under New Jersey law and with the client's actual assets.
That is why the responsible attorney matters. Legal advice, document approval, tax-sensitive planning judgment, fiduciary recommendations, and final work product remain attorney functions. Staff may help collect information, coordinate workflow, and prepare meetings, but staff do not replace attorney review.
Who does what
Britt J. Simon is the responsible attorney identified for this estate-planning content. Estate-planning work may include wills, revocable trusts, irrevocable trusts, powers of attorney, advance health care directives, probate, trust administration, business succession, charitable planning, and special needs planning.
Christopher T. Tappan, Esq. (Client Services Director and Attorney, Estate Planning) assists with intake coordination, estate-planning workflow, and editorial review of estate-planning content for clarity. He is admitted to the New Jersey bar. Legal advice, client representation, document approval, and attorney-client legal judgment are provided only after firm review and engagement confirmation; Britt J. Simon, Esq. serves as the Responsible Attorney for estate-planning content reviewed in this capacity.
Tax-sensitive matters should be coordinated with the client's CPA, financial advisor, or tax counsel when federal estate, gift, generation-skipping transfer, income-tax, charitable, or business-valuation issues require that review.
The New Jersey framework we plan around
New Jersey estate planning must account for both document execution and later administration. Core reference points include:
- New Jersey will execution rules, including the two-witness requirement under N.J.S.A. 3B:3-2. See NJ Legislature - Official Statutes Downloads.
- The New Jersey Uniform Trust Code, which governs many trust creation, administration, modification, beneficiary-notice, and trustee-duty issues.
- Durable power of attorney practice, where financial institutions often scrutinize authority, durability language, gifting powers, and banking powers.
- New Jersey advance directive practice. The Department of Health recognizes proxy directives, which appoint a health care representative, and instruction directives, which state treatment preferences.
- New Jersey inheritance tax and estate tax rules. The Division of Taxation states that New Jersey estate tax is no longer imposed for individuals dying on or after January 1, 2018, while inheritance tax may still apply based on beneficiary class.
- County Surrogate procedure. Routine uncontested probate generally starts with the Surrogate in the county where the decedent was domiciled.
Those rules are practical, not academic. A power of attorney that a bank will not honor, a trust that was never funded, or a will with avoidable execution questions can leave a family with delays at the worst possible time.
How estate planning overlaps with other legal matters
Estate planning often appears while another legal issue is active. The firm coordinates internally when the overlap is real:
- A personal injury recovery may require settlement protection, fiduciary appointment, minor-settlement planning, or special needs trust analysis.
- Divorce, remarriage, or a property settlement agreement may require new fiduciary choices, beneficiary-designation review, and coordination with support or life-insurance obligations.
- A real estate transfer may require deed review, trust funding, title-company coordination, and attention to mortgage or tax consequences.
- A closely held business may require a buy-sell agreement, LLC operating-agreement amendment, valuation procedure, or succession plan tied to the owner's will or trust.
Not every issue belongs inside one engagement. Specialized tax, benefits, securities, bankruptcy, or out-of-state issues may require separate counsel or advisor coordination.
What a sound engagement should produce
For many New Jersey clients, signed documents are only part of the work. A complete plan may include a fiduciary map, asset-titling instructions, beneficiary-designation review, deed or trust-funding tasks, and a reminder to revisit the plan after major life events. Documents that are executed but never funded, or that name fiduciaries who are no longer willing or able to serve, leave families in a difficult position at the worst possible time.
The firm approaches each engagement by identifying the client's actual assets, family structure, and risk profile -- then recommending only the documents and structures that serve that specific situation. A single person with modest assets may need only a will, durable power of attorney, and advance directive. A business owner with a blended family and significant real estate may need a revocable trust, irrevocable sub-trusts, a buy-sell agreement, and beneficiary-designation coordination across multiple accounts.
Simon Law Group does not promise tax savings, probate timing, Medicaid eligibility, creditor protection, or litigation results. The goal is disciplined: make the legal authority clear, reduce avoidable administration friction, and give fiduciaries a usable plan if incapacity or death occurs.
Contact and confidentiality
For estate planning in New Jersey, call (800) 709-1131 or use the contact page. Submitting a form or contacting the firm does not create an attorney-client relationship.
Related practice areas
Source references
- Simon Law Group - Meet Our NJ Area Attorneys
- New Jersey Legislature - Uniform Trust Code, P.L. 2015, c.276
- New Jersey Legislature - N.J.S.A. 3B:3-2 will execution search
- New Jersey Legislature - Official Statutes Downloads
- New Jersey Department of Health - Advance Directive Forms and FAQs
- New Jersey Division of Taxation - Inheritance and Estate Tax
- Passaic County Surrogate - Will / Probate
- New Jersey Courts - Rules of Professional Conduct
Bring the Decisions to the Attorney
Attorney-led planning is bespoke, not document vending or a template handoff. The legal work should connect the client's fiduciary choices, asset paths, incapacity instructions, and administration risks in one review.
Frequently asked questions
▸ Which attorney is responsible for my estate plan?
Britt J. Simon, Esq. is the responsible attorney identified for this estate-planning content. Staff may help gather information and coordinate documents, but attorney judgment controls legal advice and final document approval.
▸ Does New Jersey still have an estate tax?
For individuals dying on or after January 1, 2018, New Jersey estate tax is no longer imposed. New Jersey inheritance tax remains a separate issue for certain beneficiary classes, and returns or waivers may still be required in some estates.
▸ Do I need more than a will?
Sometimes no, sometimes yes. A will controls probate assets at death. It does not, by itself, manage incapacity, retitle a home into trust, change beneficiary designations, or appoint a health care decision-maker. The right package depends on the assets and people involved.
▸ How often should an estate plan be reviewed?
A practical review is appropriate after marriage, divorce, birth or adoption of a child, death of a fiduciary or beneficiary, purchase or sale of major property, business formation or sale, relocation, or major tax-law change. Older documents should also be checked against current family and asset realities.
▸ What counties does Simon Law Group serve for estate planning?
The firm serves clients across all 21 New Jersey counties. The main [Somerville office](/somerville-nj-office) at 40 West High Street, Somerville, NJ 08876, welcomes walk-in appointments Monday through Friday, 8:30 a.m. to 5 p.m. By-appointment consultations are available at the [Morristown office](/morristown-nj-office) at 55 Madison Avenue, Suite 400, and the [Flemington office](/flemington-nj-office) at 39 Route 12, Feed Mill Station. Remote meetings are available when the matter and documents make that format appropriate.
Sources & authorities
- New Jersey Legislature - Official Statutes Downloads
- New Jersey Uniform Trust Code, P.L. 2015 c.276
- New Jersey Revised Durable Power of Attorney Act, P.L. 2000 c.109
- New Jersey Department of Health - Advance Directive Forms and FAQs
- New Jersey Division of Taxation - Inheritance and Estate Tax
- IRS - Estate Tax
Geographic scope
Serving 1 New Jersey county.
- New Jersey
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