TOMS RIVER, NJ – October 7, 2026 – Families across New Jersey face important decisions about how to protect their assets, plan for potential incapacity, and provide for loved ones after death. Ocean County estate planning attorney Christine Matus of Matus Law Group (https://matuslaw.com/ocean-county-nj/) is offering guidance on the range of legal tools available to individuals and families who want to prepare for the future. A comprehensive estate plan may include a will, a revocable living trust, powers of attorney, healthcare directives, special needs planning, and strategies to address long-term care concerns.
According to Ocean County estate planning attorney Christine Matus, every adult in New Jersey should have foundational documents in place, including a will, a durable power of attorney, and a healthcare advance directive. Under N.J.S.A. 3B:3-2, a New Jersey will generally must be in writing, signed by the testator, and signed by at least two witnesses. “Without these documents, default legal rules or court proceedings may end up controlling important decisions about a person’s assets, finances, and medical care instead of the people they would have chosen,” Matus explains.
Ocean County estate planning attorney Christine Matus notes that when a person dies without a will, assets are distributed according to intestate succession rules under N.J.S.A. 3B:5-3. These rules may not reflect a person’s actual wishes, particularly in blended families where children come from a prior relationship. A durable power of attorney, governed by the Revised Durable Power of Attorney Act at N.J.S.A. 46:2B-8.1 et seq., allows a trusted person to manage financial affairs if incapacity occurs, while an advance directive under the New Jersey Advance Directive for Health Care Act addresses medical treatment preferences.
Matus points out that a revocable living trust can serve as a powerful planning tool for many Ocean County families. Assets properly held in a living trust are administered by the trustee and distributed according to the trust terms without being admitted to probate through the Ocean County Surrogate’s Court. “A funded living trust can remain private and can also provide for management of assets during incapacity,” she observes. Most estate plans that include a living trust also include a pour-over will to capture any assets inadvertently left outside the trust. Such trusts are often especially valuable for homeowners with real property, blended families, individuals who own property in multiple states, and seniors planning for the possibility of incapacity.
Long-term care planning is another significant area of focus at the firm. New Jersey median nursing home costs are approximately $13,134 per month for a semi-private room and $15,232 per month for a private room. New Jersey Medicaid can help cover these costs, but eligibility requires meeting strict asset limits, with countable assets for a single applicant generally capped at $2,000. Attorney Matus explains that a Medicaid Asset Protection Trust is an irrevocable trust designed to shelter assets from Medicaid’s spend-down requirements. Federal law under 42 U.S.C. § 1396p(c)(1) imposes a five-year look-back period, meaning transfers made within five years of a Medicaid application may result in a period of ineligibility.
“The five-year look-back period makes early planning essential,” Matus emphasizes. “Waiting until a health crisis to transfer assets can limit options and leave a family exposed to the full cost of nursing home care.” She adds that spousal impoverishment protections allow a community spouse to retain a community spouse resource allowance, though these protections have limits.
As a special needs parent herself, Matus places particular emphasis on planning for loved ones with disabilities. A properly drafted special needs trust preserves a disabled beneficiary’s eligibility for SSI and Medicaid while providing supplemental support. A first-party special needs trust established under 42 U.S.C. § 1396p(d)(4)(A) is funded with the beneficiary’s own assets and carries a Medicaid payback requirement, while a third-party trust funded by family members does not. Such trusts can pay for education, therapies not covered by Medicaid, transportation, technology, and recreation, among other supplemental needs.
The firm also assists families with guardianship matters under N.J.S.A. 3B:12-24, which typically require a verified complaint and medical certifications. For Ocean County families with a child with disabilities approaching age 18, guardianship planning is often coordinated alongside a special needs trust. In probate and estate administration, handled through the Ocean County Surrogate’s Court at 118 Washington Street in Toms River, the full process typically takes nine to eighteen months, and creditors generally must present claims within nine months of death under N.J.S.A. 3B:22-4.
Matus also notes that while New Jersey eliminated its state estate tax in 2018, it retained its inheritance tax under N.J.S.A. 54:34-1 et seq., with rates that depend on the beneficiary’s relationship to the deceased. Transfers to close relatives are generally exempt, while transfers to more distant beneficiaries may be taxed.
For individuals and families considering how best to protect their loved ones and preserve their legacy, consulting an experienced estate planning attorney may help clarify available options and avoid costly complications. Matus Law Group serves communities throughout Ocean County, including Toms River, Brick Township, Lakewood, Point Pleasant, and the Long Beach Island communities.
About Matus Law Group:
Matus Law Group is a Toms River-based law firm focused on estate planning, elder law, special needs planning, Medicaid planning, probate, and guardianship for families throughout Ocean County and across New Jersey. Founded by Christine Matus, Esq., who has more than 30 years of experience, the firm develops personalized plans reflecting each family’s unique circumstances. The office is located at 81 E Water St Suite 2C, Toms River, NJ 08753. For consultations, call (732) 281-0060.
Embeds:
YouTube Video: https://www.youtube.com/watch?v=pnk_5gSkkhc
GMB: https://www.google.com/maps?cid=6876392708092026946
Email and website
Email: [email protected]
Website: https://matuslaw.com/
Media ContactCompany Name: Matus Law GroupContact Person: Christine MatusEmail: Send EmailPhone: (732) 281-0060Address:81 E Water St #2C, Toms River, NJ 08753 City: Toms RiverState: New JerseyCountry: United StatesWebsite: https://matuslaw.com/
