There are five foundational elements of a basic New Jersey estate plan that every adult needs:

- Last Will

- Power of Attorney for Finances

- Power of Attorney for Healthcare

- Living Will

- HIPAA Authorization

With these documents in place, you can be sure that your wishes will be carried out both in times of illness and after you pass away.

This question can be tough to answer because it ultimately comes down to your unique circumstances and goals. That being said, there are often a few key elements that will tilt the decision in favor of using a revocable living trust:

- Probate avoidance: if you have property outside of New Jersey or you want to ensure the smoothest transition possible for your heirs, then a trust may be beneficial.

- Avoid disputes: revocable living trusts are more effective at avoiding disputes than last wills.

- Exerting control: the trust will allow you to put rules in place for your heirs (such as inheriting in intervals or at certain ages).

- Privacy: trusts are private documents. Wills become public when they go through the probate process.

The best way to determine which path makes the most sense for you and your situation is to sit down with an estate planning attorney and go over everything in detail.

We try to make your documents as evergreen as possible, but there are certain life events that would necessitate a change, such as:

- New family dynamic (new child, marriage or divorce)

- Change in finances (large windfall, different assets that require a different method of distribution)

- Changing heirs or inheritance amounts (though this can sometimes be mitigated through the use of financial accounts with pay-on-death designations.

Even if you don't have a major change in your life, it makes sense to schedule a brief call with your estate planning attorney every 3-5 years just to check in and make sure that no new updates are needed, as sometimes your attorney will recognize when a change is needed based on their experience, even if it might not be obvious.

If someone dies without a will in New Jersey that is considered dying "intestate" and the state's intestacy laws will determine who will receive the estate. This distribution will be based on the individual's family situation at death, and often results in a distribution of assets that does not align with their intent.

I'll be clear: there are some situations where an online or DIY estate planning service may be sufficient. If you have done the research, understand the laws and the potential pitfalls that are common in estate planning, AND you have a very straightforward distribution plan and family dynamic, then you may be able to do this on your own.

For everyone else, why risk it? Your estate plan is going to set up your legacy for the future, ensure your loved ones are taken care of after you pass away, and also make sure that you are taken care of if you ever fall ill or become incapacitated later in life. These decisions are simply too important to "phone in" by doing it with a template service and not the careful and comprehensive planning that happens when you retain an attorney.

Still not sure? I recommend that you take the time to read the terms and conditions on websites that let you create your estate plan without attorney assistance. You'll find that these sites explicitly state that they are only offering templates, and that they take no responsibility for the final product. Attorneys put their license and their career on the line with every estate plan they draft. It's worthwhile to think about these things before going it alone.

Absolutely. Not only is it possible (and hopefully true) that you'll have more assets in the future, but estate planning is about more than just distribution of wealth at death. Of the five foundational documents in a standard estate plan only the last will pertains to assets. The rest of the the plan is about your health and your wishes if you were to fall ill and lose the ability to care for yourself.

If you're still not sure, answer these questions:

- Who is authorized to speak with my doctors on my behalf if I can't speak with them myself?

- Who can manage my finances and make sure that I receive proper care if I fall ill?

- Does my family know my wishes with regard to various medical treatments and conditions? For example what will they do if I need a feeding tube? What if I fall into a coma?

An estate plan will answer all of these questions and more, while setting your loved ones up to be in the best possible position to care for you if that level of care is ever required.

Remember - these documents need to be created while you are well. If you wait too long and fall ill, they can no longer be drafted and your family will be in a very difficult position. Keep this in mind when thinking about whether or not you should proceed with setting up an estate plan.