Estate Planning for DINK Households in New Jersey -- Wills, Trusts & Probate Guidance

If There Is No Will

New Jersey intestacy law controls probate assets when a person dies without a valid will. Under current Title 3B intestacy provisions, including N.J.S.A. 3B:5-3 and N.J.S.A. 3B:5-4 as amended in P.L. 2023, c.238, a surviving spouse, civil union partner, or domestic partner does not always receive everything. If the decedent has a surviving parent and no descendants, the spouse shares the estate with the parent or parents. If there are descendants from another relationship, the spouse's share can be limited further.

After both spouses are gone, assets may pass to parents, siblings, nieces, nephews, or more remote relatives depending on who is living. Under N.J.S.A. 3B:5-4, if a decedent leaves no surviving spouse, descendants, or parents, the estate passes to the decedent's siblings and their descendants. These results may be acceptable for some couples. They are a poor fit for others, especially where the couple is closer to friends, charities, godchildren, step-relatives, or one side of the family.

The Beneficiary Conversation

DINK plans usually sort beneficiaries into four groups:

Family line. Siblings, nieces, nephews, cousins, or parents may be the natural choice. New Jersey inheritance tax should be reviewed because the Division of Taxation beneficiary classes under N.J.S.A. 54:34-1 et seq. generally treat siblings as Class C and nieces, nephews, cousins, and many other relatives as Class D.

Charity. A charity can receive a specific bequest, percentage share, retirement account, donor-advised fund recommendation, or residuary gift. The Division of Taxation treats qualifying charitable, religious, educational, and governmental organizations as Class E beneficiaries that are generally exempt from New Jersey inheritance tax under N.J.S.A. 54:34-4.

Chosen family. Friends, unmarried partners, godchildren, caretakers, and others do not inherit by default. If they are to receive property or serve as fiduciaries, the plan must say so clearly.

Institutional fiduciaries. Some couples name a corporate trustee or professional fiduciary when no individual is appropriate for long-term administration.

First Death, Second Death, and Incapacity

A DINK plan should be drafted in three layers.

The first-death layer decides what the survivor receives outright and what, if anything, remains in trust. Most couples prioritize flexibility for the survivor, but a trust can be useful if there are family-line commitments, creditor concerns, federal tax issues, or concern about later incapacity.

The second-death layer decides the ultimate distribution. This is where percentage shares, charitable gifts, pet provisions, tangible-property instructions, and beneficiary tax classes should be coordinated.

The incapacity layer names agents under a durable power of attorney and advance directive. Under N.J.S.A. 46:2B-8.1 et seq. (the Revised Durable Power of Attorney Act), a principal may grant broad financial authority to an agent. Without adult children, the survivor may need a younger relative, trusted friend, or professional to handle bills, benefits, housing decisions, health care advocacy, and tax matters.

For New Jersey couples in Somerset, Hunterdon, Warren, Middlesex, and nearby counties, this layer should be practical as well as legal. The named agent should know where the original documents are kept, which banks and advisors are involved, who the treating physicians are, and how to contact any trustee or executor. A polished document that no one can find in a crisis does not solve the problem.

Portability and Advanced Tax Planning

In 2026, the federal basic exclusion amount is $15,000,000 per person under 26 U.S.C. § 2010(c). Most DINK couples will not owe federal estate tax, but couples with closely held business interests, real estate, concentrated investments, life insurance, or expected appreciation should still evaluate portability after the first death.

A portability election on Form 706 can preserve the deceased spouse's unused exclusion for the survivor. For larger estates, SLATs, charitable trusts, credit shelter trusts, and GST-exempt dynasty trusts may be considered. These tools should be tied to a specific goal. Using an irrevocable trust simply because there are no children can create unnecessary complexity.

Long-Term Care Planning Without Children

Long-term care planning is often more important for childless couples because there may be no adult child to coordinate care informally. The legal documents should name people who can act, but the practical plan should also identify how they will get information, pay bills, access accounts, and communicate with providers.

Common planning points include:

• Durable power of attorney with broad financial and benefits authority under N.J.S.A. 46:2B-8.1 et seq.
• Advance directive naming a health care representative and alternates under N.J.S.A. 26:2H-53 et seq.
• HIPAA authorization for the people who may need medical information.
• Long-term care insurance or hybrid-policy review when appropriate.
• Housing plan for the survivor if the home becomes unsafe or impractical.
• Medicaid planning only when timing, assets, and loss-of-control tradeoffs are understood.

Retirement Accounts Need Separate Attention

IRAs, 401(k)s, annuities, and life insurance often pass by beneficiary designation rather than by will. DINK couples often use these assets for a blend of spouse, charity, and individual beneficiaries. The tax result can differ depending on whether a beneficiary is an individual, charity, trust, or estate.

A will provision does not reliably fix an outdated beneficiary form. Retirement assets can also create an uneven plan if one spouse owns most of the tax-deferred accounts and the other owns the home or taxable brokerage assets. The estate plan should compare the legal beneficiary result with the after-tax result before percentages are finalized.

SLATs and Asset Protection for DINK Couples

A Spousal Lifetime Access Trust (SLAT) allows one spouse to create an irrevocable trust for the benefit of the other spouse while removing assets from the estate. Under N.J.S.A. 3B:31-1 et seq., a properly drafted SLAT can provide income and principal distributions to the beneficiary spouse while protecting assets from creditors and future estate tax.

For DINK couples, a SLAT can be particularly attractive because there are no children whose inheritance might be diluted by the structure. The trust can ultimately benefit siblings, nieces, nephews, charities, or other chosen beneficiaries.

Related Topics

• Single Adults
• Advance Directives
• Power of Attorney
• Portability
• Charitable Giving
• Contact Simon Law Group

Authoritative References

• New Jersey Division of Taxation, Inheritance and Estate Tax
• New Jersey P.L. 2023, c.238, intestacy amendments to N.J.S.A. 3B:5-3 and 3B:5-4
• New Jersey Division of Taxation, inheritance tax rates and beneficiary classes
• IRS 2026 tax inflation adjustments
• IRS Form 706
• IRS retirement topics, beneficiary rules
• New Jersey Department of Health, advance directives
• New Jersey Courts, Surrogate's Court glossary

Name the People and Causes That Come Next

Planning for a household without children is bespoke, not a template spouse-to-descendants plan. Simon Law Group's responsible attorney works through incapacity, the first and second deaths, siblings and other beneficiaries, charitable goals, retirement accounts, and long-term care choices.

Review an estate plan for a household without children