Planning for the Future: Understanding Special Needs Trusts in New Jersey

A middle-aged mother with shoulder-length wavy brown hair sits beside her adult son with Down syndrome in a warmly lit kitchen. She gently rests her hand on his and smiles with affection, while he looks at her calmly.
A middle-aged mother with shoulder-length wavy brown hair sits beside her adult son with Down syndrome in a warmly lit kitchen. She gently rests her hand on his and smiles with affection, while he looks at her calmly.

When a loved one has a disability, planning for their long-term financial security becomes one of the most important steps a family can take. A Special Needs Trust (SNT) can help protect access to government benefits while providing a way to manage resources for a child or adult with special needs. For families in New Jersey, this legal tool offers peace of mind and flexibility.

What Is a Special Needs Trust?

A Special Needs Trust is designed to hold and manage assets for someone with a disability without affecting their eligibility for government benefits such as Supplemental Security Income (SSI) or Medicaid. Because these programs have careful eligibility rules, even a small financial gift can sometimes put benefits at risk, and receiving money directly can disqualify someone from the aid they rely on. Placing assets in a properly structured trust can be used for supplemental expenses—like personal care items, therapies, transportation, or education—without counting against benefit limits.

Why a Special Needs Trust Matters

Families often want to leave something behind to support their loved ones after they’re gone. However, giving an inheritance directly to a person with special needs can unintentionally create problems. A Special Needs Trust allows parents, grandparents, or others to provide support that protects the person’s financial future and their continued access to vital services.

In addition to inheritance planning, these trusts help manage lawsuit settlements, insurance payouts, or gifts that may interfere with public assistance programs. They also allow families to appoint someone trustworthy to oversee the funds and ensure they’re used appropriately.

Types of Special Needs Trusts

There are two primary types of Special Needs Trusts:

  • First-Party SNT: Funded with the beneficiary’s money—often from a settlement or inheritance—and must include a Medicaid payback provision.
  • Third-Party SNT: Created and funded by someone else, typically a parent or grandparent. These do not require Medicaid repayment and are often used for estate planning.

Both types can offer strong protection and serve different planning needs, depending on the situation.

Who Should Consider a Special Needs Trust?

Any family with a loved one who has a disability and relies—or may rely—on government programs for care should consider setting up a Special Needs Trust. These trusts are especially valuable when a child is approaching adulthood or if there are concerns about how an inheritance or financial gift might impact benefits.

A well-drafted trust can ease the burden on family members and caregivers, ensuring that financial resources are managed responsibly and that individuals with special needs are supported throughout their lives.

Getting It Right Matters

Special Needs Trusts must be carefully written to comply with federal and state regulations. Mistakes in setup or management can result in the loss of government benefits. That’s why it’s so important to work with an attorney who understands the rules and the emotional side of planning for a loved one with a disability.

Implementing this protection can help families feel confident that they’ve done everything they can to safeguard their loved one’s future.

Contact Scott Counsel Estate and Elder Care Law

Every person deserves security, dignity, and care—especially those who depend on others for support. A Special Needs Trust protects a loved one’s access to benefits while ensuring they can enjoy a higher quality of life—with dignity, independence, and care that truly honors their needs. For help creating or updating a Special Needs Trust, call (856) 281-3131, email info@scottcounsel.com, or use the contact form at https://scottcounsel.com/contact-us/.

Understanding the Importance of Power of Attorney in Estate Planning

elderly couple reading a legal document
elderly couple reading a legal document

Estate planning is crucial for effectively managing your financial and healthcare decisions if you become incapacitated. One of the most vital components of this process is assigning a power of attorney (POA). A POA grants a trusted individual the legal authority to act on your behalf, safeguarding your interests and ensuring continuity in managing your affairs.

What Is Power of Attorney?

A Power of Attorney is a legal document that designates someone—known as the agent or attorney-in-fact—to make decisions on your behalf. Depending on the type of POA established, these decisions can range from financial transactions to healthcare choices. It’s a proactive way to ensure you respect your wishes and meet your needs, even if you cannot communicate them yourself.

POAs are versatile, and you can tailor them to meet specific needs. For instance, a general POA provides broad authority over financial matters, while a healthcare POA focuses solely on medical decisions. By including a POA in your estate plan, you retain control over who makes critical decisions for you.

Types of Power of Attorney

Understanding the different types of POAs helps you choose the right option for your estate plan. Each serves a specific purpose and offers unique benefits.

General Power of Attorney

A general POA grants broad authority to your agent, allowing them to handle various financial and legal matters on your behalf. This type of POA is beneficial for managing day-to-day affairs, such as paying bills, managing bank accounts, and overseeing investments.

Durable Power of Attorney

A durable POA remains in effect even if you become incapacitated. This makes it an essential part of estate planning, as it ensures your agent can continue to manage your affairs without interruption. Durability provides peace of mind that your financial and medical decisions will be handled seamlessly.

Healthcare Power of Attorney

A healthcare POA authorizes your agent to make medical decisions based on your preferences. This can include consenting to treatments, selecting healthcare providers, and making end-of-life care choices. It’s often paired with a living will to honor your medical wishes.

Healthcare POA vs. Healthcare Proxy: Understanding the Difference

A healthcare power of attorney (POA) and a healthcare proxy often serve slightly different purposes, even though people commonly use the terms interchangeably. A healthcare POA grants broad authority to an agent to make a wide range of medical decisions on your behalf, from treatments to surgeries, guided by your preferences. In contrast, a healthcare proxy typically focuses on end-of-life decisions or scenarios outlined in a living will. While the two documents can overlap, a healthcare POA generally provides more comprehensive coverage, making it an essential component of a complete estate plan.

Limited Power of Attorney

A limited POA restricts your agent’s authority to specific tasks or timeframes. For example, assign a limited POA to complete a real estate transaction or manage financial matters while traveling abroad. This focused approach ensures your agent’s powers align with your needs.

Why Is Power of Attorney Essential in Estate Planning?

Including a POA in your estate plan offers several critical benefits. It ensures that someone you trust manages your affairs, prevents unnecessary legal hurdles, and protects your family from the stress of making difficult decisions without guidance.

Avoiding Court Intervention

Without a POA, family members may need to seek a court-appointed guardian or conservator to manage your affairs. This process can be time-consuming, costly, and emotionally taxing. A POA eliminates this need by preemptively granting authority to a trusted individual.

Ensuring Continuity in Decision-Making

Life is unpredictable, and incapacity can happen suddenly. A POA ensures seamless management of your financial and healthcare matters, preventing disruptions and safeguarding your interests.

Protecting Your Loved Ones

Designating a POA removes the burden of decision-making from your loved ones. It provides clarity and guidance, allowing them to focus on supporting you rather than navigating complex legal and financial matters.

Choosing the Right Agent

Selecting the right agent for your POA is a critical decision. This individual should be trustworthy, capable, and willing to act in your best interests. Consider their financial acumen, understanding of your healthcare preferences, and ability to handle responsibility under pressure.

It’s also wise to have candid discussions with potential agents to ensure they’re comfortable with the role. Naming an alternate agent provides additional security if your primary choice is unavailable.

Contact Scott Counsel Estate and Elder Care Law

Assigning a Power of Attorney is vital in protecting your financial and healthcare decisions. By incorporating a POA into your estate plan, you ensure your wishes are respected, and your loved ones are supported.

For guidance on estate planning and elder law, call (856) 281-3131, email info@scottcounsel.com, or use the contact form on our website at https://scottcounsel.com/contact-us/.

Power of Attorney, estate planning, healthcare decisions, legal documents, New Jersey elder care

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Protecting Your Assets: Strategies for New Jersey Residents

Preserving assets is a priority for many New Jersey residents looking to secure their financial future and provide for loved ones. Without proper planning, personal wealth may be at risk from unforeseen claims, lawsuits, or the high costs of long-term care. Proactive measures can help ensure financial stability and peace of mind for years to come.

The Importance of Asset Protection

Asset protection involves creating a legal framework to shield personal wealth from creditors, lawsuits, and other potential liabilities. In New Jersey, taking proactive steps to protect assets is essential due to the state’s unique laws and regulations. Individuals can preserve their wealth, minimize tax liabilities, and avoid unintended financial hardships by establishing a clear plan.

With proper safeguards, assets like homes, retirement savings, and personal investments may be protected from unexpected claims. Moreover, the rising costs of long-term care can quickly deplete savings without a well-structured plan. Asset protection strategies offer tools to mitigate these risks while maintaining financial independence.

Utilizing Trusts for Asset Protection

One of the most effective strategies for safeguarding assets is using trusts. Trusts are legal entities that hold and manage assets for the benefit of designated beneficiaries. They offer a layer of separation between personal wealth and potential claims, making them a valuable tool for New Jersey residents.

Revocable Trusts

Revocable trusts allow individuals to retain control over their assets while providing flexibility to make necessary changes. While these trusts do not offer protection from creditors, they effectively avoid probate and ensure smooth asset distribution upon death.

Irrevocable Trusts

Irrevocable trusts, on the other hand, provide robust asset protection. When someone places assets into an irrevocable trust, those assets no longer count as part of the individual’s estate, which protects them from creditors and potential lawsuits. These trusts can also help individuals qualify for Medicaid while preserving assets for heirs.

Special Needs Trusts

For families with loved ones who have disabilities, special needs trusts allow them to manage assets in a way that provides ongoing support while maintaining eligibility for government benefits. These trusts are a thoughtful way to balance financial support with long-term care considerations.

Legal Instruments for Asset Protection

In addition to trusts, various legal tools can be employed to safeguard assets. Each option should be tailored to an individual’s specific needs and goals, with the guidance of a qualified attorney familiar with New Jersey laws.

Asset Protection Agreements

Asset protection agreements, such as prenuptial and postnuptial agreements, are valuable for individuals entering or currently in a marriage. These agreements establish clear terms for asset division in the event of divorce, reducing potential disputes and financial vulnerabilities.

Limited Liability Companies (LLCs)

Business owners can protect personal wealth by forming an LLC, which separates business liabilities from personal assets. This structure ensures that personal finances are not at risk in the event of business-related lawsuits or debts.

Power of Attorney

Granting power of attorney to a trusted individual ensures that financial and legal decisions can be made on your behalf if you become incapacitated. This tool is critical for controlling assets and preventing unauthorized access or misuse.

Proactive Planning for Long-Term Care

Long-term care expenses can significantly impact financial security. New Jersey residents must consider the high costs of nursing homes, assisted living facilities, and in-home care. Medicaid planning is a vital component of asset protection, allowing individuals to qualify for benefits while preserving assets for their families.

Medicaid eligibility rules in New Jersey are complex, often requiring a five-year look-back period on asset transfers. By working with an experienced attorney, individuals can navigate these requirements and establish strategies to protect their wealth. Options like irrevocable Medicaid asset protection trusts and gifting plans can help reduce financial strain while maintaining eligibility.

Contact Scott Counsel Estate and Elder Care Law

Safeguarding your assets is critical in securing your financial future and protecting your loved ones. Whether you are considering trusts, asset protection agreements, or Medicaid planning, taking action now can prevent future challenges. Scott Counsel Estate and Elder Care Law provides valuable resources and guidance for New Jersey residents looking to protect their assets. To learn more about asset protection strategies, call (856) 281-3131, email info@scottcounsel.com, or use the contact form on our website at https://scottcounsel.com/contact-us/.

I’ve Got the Power, of Attorney!

Okay, okay, you got me. I apologize for my 80s T.V. reference, but I thought it was rather fitting, as sometimes attorneys can (and do) seem like superheroes. That said, the term Power of Attorney doesn’t necessarily mean that the person you have chosen to trust with your affairs is going to dress up in spandex and spend their nights fighting crime in your name. Although you do have to admit it’d be pretty awesome if they did!

What is a Power of Attorney?

Power of attorney isn’t actually referring to a person at all! Rather, it is a written document that says you have given permission to another adult to tell other people what to do with all of your things since you are unable to do it yourself. This includes things like real property (i.e. land) or even bank accounts, as well as handling all the rest of your financial or legal matters.

It also doesn’t necessarily mean you have to be dead. Generally, it is used when someone is incapacitated by some physical or mental reason and can’t speak for themselves, or do all the things that need to be done. So, in review, the power of attorney allows your spouse, a friend, or a family member (also known as an agent), to act on behalf of you (also known as the principal).

Types of Power of Attorneys

So, okay, power of attorney! That’s fantastic! But you might be confused. You might be asking yourself, “Hey, is there more than one kind of power?” And the answer to that question is indeed a resounding YES! There are in fact two types of power of attorney, and we’ll look at them now.

Limited Power of Attorney

Limited: With limited power of attorney, that means that a person has the authority to do one thing and one thing only (like selling your house, for example). If you can’t do it yourself, you’d definitely want to have someone you can trust help you. If that’s the case, then the “Limited” option is probably the best choice for you.

General Power of Attorney

General: According to Justin Scott, a New Jersey attorney, “The general power of attorney allows the representative assigned by the principal the ability and authority to act in any way necessary on anything and everything, should the principal become mentally incompetent or otherwise disabled.” It’s important to note that these general powers of attorney usually have a provision that will allow the representative (or agent) to act even in the event that the principal becomes disabled. However, it automatically ends when the principal person dies.

So now you know a little bit more about power of attorney—who it is and what it does. Hopefully now, if you weren’t before, you will be able to feel at least a little more confident when it comes to matters like these. I know I am, and I hope that you are too!

Trusts, and the Probate Process

It is likely that you’ve heard of a trust. In case you’re unsure what it is, though, a trust is simply this: A trust is an arrangement where things like property, money, etc. are held in safekeeping. What kind of trust should you set up if you’re thinking about it? In this article, we’ll answer that question! Let’s take a look.

Why Do I Need A Trust?

Trusts created under a will can be set up for just about anyone: minor children, adults, or any other person whom you have designated as a beneficiary. It can also be done for a multitude of reasons like tax savings, giving the beneficiary the ability to handle finances or if you have a particular way you would like to distribute all of your assets.

Why Do I Need A Trust?

A trust that is created under a paragraph in your will serves to appoint a trustee. The appointed person then both administers and invests the funds for the trust, and they also pay income and/or principal from the trust following the terms and guidelines that are named in the will.

Attorney Justin Scott sheds more light on the matter. “It can be nerve-wracking to try and think of if you’ve covered all your bases when planning for the future. It’s no question that something will inevitably get left out or you’ll forget this or that. And while you can most certainly create a will on your own, it can still be a bit confusing. If you’d like assistance with drawing up a will or living trust, or if you have questions about anything else, my team and I would be happy to assist you, and get you the help you need.”

Contact Scott Counsel to Learn More About Wills and Trusts

So as you can see, there are a couple of very good reasons to have a will and trust. Of course, this may not be everything involved in the process; it wasn’t meant to be. Rather it is a basic overview of the steps, in order that you may have a general idea of what to expect if you’re thinking of setting up a will and trust for your loved ones. As Mr. Scott said, it can be difficult to know whether you’ve covered all your bases. And while it’s true that you may not get them all, at least by having both, you can rest easy knowing you’ve covered most of them. And most of them are better than none.

What Happens Without a Will?

I’ll let you in on a little secret… I have a lot of stuff. I bet you probably do too, right? It can be kind of scary trying to figure out what will happen to it after you’re gone. You might be even more scared if you don’t yet have a will or just simply don’t want to make one. In either case, I have some information that you just might find helpful, and then I can feel good about myself again. So here we go!

What To Do if There is No Will?

In the great state of New Jersey, if you have no idea what to do and you have no will, the law will come to bat for you and decide how to divide up all those things you left behind. For now, though, let’s just look at the stuff that’s left in your name alone. There are seven ways this can go, and they are as follows:

  • If you die and leave behind your spouse and a child (from that same marriage), your spouse gets EVERYTHING. (This does not include stepchildren or children from a previous marriage).
  • If you die and leave behind a spouse and child from a previous marriage, that spouse gets 25% of your estate, but no less than $50,000 or more than $200,000, plus one-half of any balance on the estate. Your kids get that balance equally, while grandchildren take the share of the deceased parent.
  • Say you die and leave behind a spouse, child(ren), and a stepchild or children, the spouse gets the first 25%. No less than $50,000 or more than $200,000, plus three-fourths of any estate balance. Again, children divide it equally and grandchildren take the share of the deceased parent.
  • If you die and have a spouse but no children, but you have your parents, the deal is the same as before, only this time your parents split the balance of the estate equally between themselves.
  • If you die and you have a child or children but no spouse, your kids inherit equally, while grandchildren will inherit the share of the deceased parent.
  • If you die and you don’t have any of those, but you have parents, your parents get it all. If you don’t have parents, your siblings will inherit equally. For nieces and nephews, it is the same as above: they inherit what their parents left behind.
  • Finally, when no immediate family is in the picture, your property can go to all those to whom you are distantly related to (like grandparents, aunts, uncles, cousins, etc.). Or, it can even be taken by the State if all else fails.

Contact Scott Counsel Today

So here’s a quick glimpse for you at what happens to your things after you’re gone. New Jersey estate planning attorney Justin Scott is quick to assure us. “We know you have a lot of memories and all those things mean a lot to you,” he says, “so please rest assured that we will do everything we can to make sure those precious memories are very well taken care of. Contact New Jersey Estate Planning attorney, Justin Scott, to get started on your will.

The Importance of Having a Will

Okay, so, everyone probably already knows what a will is. If you’ve been around long enough, it’s likely you’ve at least heard of one. For those who may not be familiar, let’s talk a little about what a will is and why it’s handy to have one.

What is a Will?

The most basic of basic definitions is this: A will is a piece of paper (or multiple pieces) that tells everybody who gets what when you kick the bucket. If done right, it should name an executor/rix, and also an alternate, just in case the first person doesn’t want to step up. It should name a trustee if a trust is available, and also a Guardian to take care of any minor children.

It should also state that anyone named in it should not be required to post a bond for their position, as well as specific inheritances and determine how the rest of the stuff (including the estate) should be divided up.

How Can I Have a Will?

Now, I know what you’re thinking: Can I have a will? And the good news is yes, you can! Just as long as you’re over the age of eighteen. You just need two people who are at least eighteen too to sign it with you as witnesses. If it’s done right, you shouldn’t have any issues with proving it, as it will become self-proving with the signatures by the same witnesses as well as that of a notary public.

Why Do I Need a Will?

That’s great and all, right? But why do you even need one in the first place? I’m glad you asked! As stated earlier, a will helps people know who gets what from all your piles of stuff. If you don’t have a will, there could be arguments and all sorts of unpleasant things can happen, so it’s better to have one than not. But, it’s even better to have one that is done properly.

After the will is executed, any changes should be made through either a codicil or an entirely new will. Any markings, cross-outs or handwritten changes can leave the Surrogate unable to act and force probate in the Superior Court.

Finally, the personal representative named in the will also have a list of responsibilities. These include:

  • Locating and performing an inventory of all the estate’s assets
  • Paying outstanding debts
  • Filing appropriate inheritance or income tax returns
  • Having necessary paperwork ready for the transferring of property
  • Paying any and all fees
  • Opening and maintaining an estate checking account
  • And finally, disbursing estate funds to beneficiaries and filing refunding bonds and releases, which are documents that show someone received his or her inheritance

According to Justin Scott, a New Jersey estate planning attorney, “death and all that comes with it is a confusing enough time for anyone.” When mourning a loved one, the last thing anyone needs is to be confused by things they don’t necessarily understand or, quite frankly, care about. This is where we step in. We can assist you in figuring things out and, hopefully, alleviate some of your burden.”

Contact our New Jersey Estate Planning Lawyer to Learn More

If you have any questions or concerns about drafting or executing a will in New Jersey, please call Scott Counsel or fill out our contact form. Our New Jersey Wills & Trusts lawyers are here to help guide you along the process to give your family the peace of mind they need.

How To Settle An Estate (Part 2)

In “How to Settle an Estate (part 1), we took a closer look at six of the necessary steps in the process of settling an estate. If you’d like to check it out again, or in case you missed it the first time, you can find part 1 (here). When you’re ready, come back here and check out part 2 below, where we’ll cover the last six steps in the process.

If you’re ready, let’s continue!

Communicate With Beneficiaries

If the estate goes through probate, you’re going to have to send some very specific notices to some very specific people—beneficiaries. The court, or your lawyer, can help you in this regard. And regardless of whether or not any court proceedings take place, it’s not a bad idea to be in consistent communication with any and all beneficiaries.

It’s important that they be kept apprised of goings-on, as they can tend to grow suspicious and unhappy if they don’t hear anything for long periods of time. Even if nothing is really happening, let them know that you’re still working, things are still moving forward, and they’re still going to get their inheritance. If you aren’t open or honest with them, they can go to court and try to have you kicked out!

Take Care of Any Assets

This is one of the most important jobs of the executor. You want to make sure that the estate is well-maintained, small valuables are looked after and secure, and bigger items remain insured. Remember that your only goal here is to not lose money; it isn’t to reap any huge benefits.

Collect any Money Owed to The Estate

This step will probably take a lot of time and a lot of paperwork, but it’s generally pretty easy. You can also place any money you collect into the estate’s bank account.

Pay Any Bills Owed

As long as there’s money in the estate to pay them, it’s your responsibility to make sure that any and all legitimate bills get paid on time. Rest assured that you don’t have to pay anything out of your own money. If you don’t think there’s going to be enough, get some help from the court or an attorney on what should take priority!

Deal With any Taxes

If the person who has died has a tax preparer, they can be a tremendous asset here, as you’ll need to file taxes not only for the deceased but also possibly the estate as well (but only if the estate was over $5 million). Smaller estates may owe a separate tax, but that all depends on where the person lived or owned property.

Distribute Assets

When all debts and taxes are paid and probate is finally closed, your final job is to distribute the assets among beneficiaries. Then you can breathe a sigh of relief because your job is finally done!

So ends our closer look at how to settle an estate! Should you need any assistance, contact Scott Counsel today and speak with our Estate Planning Attorneys.

How To Settle An Estate (Part 1)

In this article, our New Jersey estate planning attorney will explain how to settle an estate. Please note, however, that this article will only cover the first six items. So, without further ado, let’s jump in and get started!

Find the Will

A will is an important thing to have, but you cannot do your job as executor until you find it. Sometimes that’s an easy task, and for others, it’s not. It’s a very important document, and chances are good that the person will have kept it somewhere safe. Look everywhere you can to find it.

File The Will in Probate Court

So, you found the will, now what? You’ll want to file it with the local probate court, but make sure to give them the original while still retaining a copy for yourself. Even if you don’t think you’ll need to deal with probate hearings, you must still file the will with the court.

Notify Agencies and Businesses of the Death

This includes:

  • The post office
  • Utility companies
  • Credit card companies
  • Banks, and
  • Other businesses the deceased may have had an account with.

You’ll also want to notify any agency through which the deceased was receiving any benefits (like the Social Security Administration). The faster you do, the faster any payments can be stopped and you don’t have to worry about giving money back that the estate isn’t entitled to. And less hassle is always good.

Inventory Assets and Get Appraisals

If you’re going to go through probate, you’ll need a comprehensive list of all the stuff the deceased person owned. Also, it can help you to better keep track of valuables and decide how you’re going to transfer the different items, divide property among beneficiaries who get equal shares, and determine whether or not the estate will owe any state or federal estate taxes.

Determine Whether or Not You Need Probate

In order to do this, you’ll need to figure out the value of all the property that is subject to the probate process, determine how title is held, and learn the rules on what estates can qualify for simpler procedures. It would also be wise to hire an attorney to help with any probate paperwork or help to solve any problems between beneficiaries and creditors.

Coordinate with a successor trustee

If the deceased has left both a will and a living trust, and lots of people do, you’ll need a partner who can be in charge of any trust assets (i.e. the successor trustee). As we saw in another article, a will and trust are similar in a lot of ways, but the major difference is that trust property isn’t required to go through the probate process like things that are named in the will. It can go directly to the people who inherit it! To learn more about how to settle an estate, click here to read part 2.

How To Avoid Probate: Part 3

Welcome once again to our handy-dandy how-to guide for avoiding probate altogether. Please note that this is indeed the final part of the guide. If, however, you missed out on the first two sections, you can check out part 1 (here) or read part 2 (here). In the final section, we’ll discuss how you can go about getting around the probate process if you happen to have a small estate. If this applies to you, please read on!

Is The Estate Big Enough for Probate?

The truth is simple: if your estate is small enough, you might not even have to think about probate at all. Nearly every state now offers shortcuts, or in some cases, ways around probate altogether, for small estates.

Each state defines that term differently, so be sure and check the rules and regulations for your state. Also of note, because of the way these laws are written, some larger estates—most worth hundreds of thousands—are also eligible for special procedures that speed property to inheritors.

There are two basic shortcuts for small estates that we will discuss today.

Claiming Property with Affidavits

If the total amount of value for all of your stuff is below a certain number, anyone who inherits your personal property (that is, anything except for real estate) might be able to skip probate altogether. Please note, though, that the exact amount varies by state and can also vary quite a lot.

However, if an estate qualifies, any inheritor can make up a short document stating he or she is entitled by will or state law to a certain item of property. This paper (called an affidavit) is signed under oath. Then, when the institution or person holding the property (like a bank where the deceased had an account) receives the required documents (i.e. the affidavit and a signed copy of the death certificate), it can then release any monies or other property.

Simplified Court Procedures

The second option we’ll look at now is simplified court procedures. Again, these are defined by individual state laws and are a quicker, simpler version of the probate process. The probate court will still be involved, but it has far less control over settling an estate. In many states, these processes are even simple enough to handle without even getting counsel involved. As such, they save a lot of money as well as a lot of time.

Get help from an Experienced New Jersey Probate Attorney

Finally, let’s end with a quote from New Jersey probate attorney Justin Scott. He says, “We know that, while a lot of people do go through the probate process, there are also those who may not have the time or money to devote to such a lengthy—and in some cases costly—process. We want those people to understand that it’s okay if they choose to go another route. There are many different options open to them, and we can work together with them to decide on what is ultimately their best course of action.”

This concludes our How-to guide on avoiding probate.