Practice Area

Tax, Wills, Trusts & Estates

Direct consultations in 한국어, 中文, and English — no interpreters.

Wills, revocable and irrevocable trusts, estate & gift tax planning, probate administration, and business succession — including cross-border strategies for Korean-American families with US and overseas assets.

Call (201) 461-0031 Request Initial Consultation

2Estate Attorneys

NJ · NYSurrogate Courts

EN · KODirect Communication

01 · Our Team

Two-Attorney Estate Planning Team

Estate planning crosses tax, trust, probate, and increasingly cross-border issues. Song Law Firm’s estate practice combines a Korean-bilingual founding member with a 30+ year trial attorney to handle planning, administration, and contested matters under one roof.

Joseph D. Song

Founding Member

Admitted in NJ, NY, TX, GA. Advises Korean-American families and business owners on wills, revocable and irrevocable trusts, estate and gift tax planning, business succession, and US-Korea cross-border estate strategy. Fluent in English and Korean.

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02 · Practice Scope

What We Handle

Plan, administer, and defend — the full estate lifecycle.

Wills

Drafting and execution of NJ and NY-compliant wills with self-proving affidavits. Specific bequests, residuary clauses, guardianship designations for minor children, no-contest (in terrorem) clauses, and pour-over wills funded into trust.

Revocable Living Trusts

Revocable trust drafting for probate avoidance, privacy, incapacity management, and out-of-state real estate. Trust funding (deeds, account retitling, beneficiary designations) — a frequently overlooked step.

Irrevocable & Tax-Driven Trusts

Irrevocable life insurance trusts (ILITs), grantor retained annuity trusts (GRATs), qualified personal residence trusts (QPRTs), spousal lifetime access trusts (SLATs), and dynasty trusts for multi-generational wealth transfer.

Estate & Gift Tax Planning

Federal estate & gift tax exemption planning ($13.99M individual / $27.98M couple for 2025 — sunsetting Dec 31, 2025 absent legislation). NJ inheritance tax (Classes A/C/D/E). Annual exclusion gifting and lifetime exemption use.

Probate & Estate Administration

Probate of wills before NJ Surrogate’s Courts and NY Surrogate’s Court. Letters Testamentary or Letters of Administration, executor/administrator counsel, creditor claims, accountings, distributions, and closing.

Business Succession

Buy-sell agreements, family business transitions, S-corp/LLC succession structures, key person life insurance funding, and Section 6166 estate tax deferral for closely held businesses.

Powers of Attorney & Advance Directives

Durable financial powers of attorney, healthcare powers of attorney (NJ Advance Directive for Health Care), living wills, and HIPAA authorizations. Coordination across NJ and NY forms.

Cross-Border (US-Korea)

US-Korea cross-border estate planning, including foreign account reporting (FBAR/Form 8938), Korean inheritance and gift tax coordination, situs rules, treaty analysis, and Korean property administration through US probate.

Estate & Trust Litigation

Will contests, undue influence and capacity challenges, fiduciary breach claims, accounting objections, and removal of executors or trustees before the Chancery Division and Surrogate’s Court.

03 · Critical Window

Timing Matters in Estate Planning

Several deadlines and windows are easy to miss but critical to outcomes.

Dec 31, 2025 Sunset

Federal estate & gift tax exemption is scheduled to drop from $13.99M to approximately $7M per person on Jan 1, 2026 unless Congress acts. Use-it-or-lose-it gifting strategies have a sharp deadline.

9 Months

Federal estate tax return (Form 706) is due 9 months after death. NJ inheritance tax return (IT-R) is due 8 months. Portability election for spousal exemption is on Form 706.

4-Month Will Contest

NJ will contests must be filed within 4 months of probate (6 months for non-residents). NY: 6 months from issuance of process. Capacity and undue influence challenges must move quickly.

04 · Results

Representative Outcomes

Selected estate planning and administration matters.

$8M Multi-Asset Estate Plan

Integrated estate plan for Korean-American family with US real estate, closely held business, and Korean residential property — combining revocable trust, ILIT, and buy-sell agreement.

Lifetime Exemption Gifting

Coordinated use of pre-sunset $13.99M lifetime gift exemption via SLAT and GRAT structures for high-net-worth couple in advance of the Dec 2025 deadline.

Contested Will — Capacity

Defeated capacity-based will contest filed by disgruntled relative; trial court upheld will after testimony from treating physician and attesting witnesses.

Cross-Border Probate

Administered US estate with Korean-situs real estate and bank accounts — coordinated Korean inheritance process and FBAR/Form 8938 compliance.

05 · Questions Answered

Common Estate Planning Questions

Do I need a will if I have a trust?

Yes — a pour-over will is still essential. Even with a fully funded revocable trust, a pour-over will catches assets that were not transferred to the trust before death (forgotten accounts, after-acquired property). It also designates guardians for minor children — something a trust cannot do.

How can I avoid probate in NJ?

Common probate-avoidance tools include (1) revocable living trusts (most flexible), (2) joint ownership with right of survivorship, (3) Transfer-on-Death (TOD) account designations, and (4) beneficiary designations (life insurance, retirement accounts). The right combination depends on assets, beneficiaries, and tax planning.

What is the federal estate tax exemption?

For 2025, the federal estate & gift tax exemption is $13.99M per person ($27.98M per married couple). This is scheduled to sunset on Dec 31, 2025 back to approximately $7M per person (indexed). Above the exemption, the federal rate is 40%. Use-it-or-lose-it gifting strategies are time-sensitive.

Does NJ have an estate tax?

NJ repealed its estate tax effective 2018. However NJ still has an inheritance tax (transfer tax based on beneficiary class — Class A spouse/descendants/parents are exempt; Class C 11-16% for siblings/in-laws; Class D 15-16% for unrelated). The NJ inheritance tax is not based on size of the estate but on the relationship of the beneficiary.

What is a revocable living trust?

A revocable living trust is a trust created during life that you can amend or revoke. You typically serve as your own trustee while alive and competent, name a successor trustee for incapacity or death, and direct distribution to beneficiaries. Properly funded trusts avoid probate, maintain privacy, and ease incapacity management.

What if I own property in Korea?

Cross-border estate planning requires coordination of US estate/gift tax rules (situs, treaty), Korean inheritance and gift tax law, foreign account reporting (FBAR if >$10K aggregate, Form 8938 if applicable), and Korean property administration. Different domiciles and situs rules can create double taxation issues that require advance planning.

How do I challenge a will?

Common grounds include lack of testamentary capacity, undue influence, fraud, improper execution, and revocation. NJ will contests must be filed within 4 months of probate (6 months for non-residents). NY: 6 months from issuance of process. Discovery includes medical records, witness testimony, and forensic document analysis.

What is probate and how long does it take?

Probate is the court process of validating a will and authorizing the executor to administer the estate. In NJ, uncontested probate before the Surrogate is administrative and can be opened within weeks; full estate administration typically takes 9-18 months. Contested matters before the Chancery Division can take 1-3+ years.

Do I need a power of attorney?

Yes — a durable POA is essential. Without one, a family member who needs to act on your behalf during incapacity must petition for guardianship, which is expensive, public, and slow. A properly drafted durable financial POA and healthcare directive avoid this.

How much does estate planning cost?

Wills and basic estate plans are typically flat fee. Trust packages (revocable trust + pour-over will + POAs + healthcare directives) are flat fee with optional funding assistance. Complex tax planning, administration, and litigation are hourly with retainer. Initial consultations are free.

06 · Service Area

Where We Serve

From our Fort Lee headquarters we serve NJ, NY, and US-Korea cross-border estate matters.

New Jersey & New York

Fort Lee, Palisades Park, Englewood, Tenafly, Hackensack, Paramus, Closter, Bergenfield, Teaneck, Hoboken, Jersey City. Manhattan, Queens (Flushing), Brooklyn, Long Island, Westchester.

Courts: NJ Surrogate’s Courts (all 21 counties), NJ Superior Court Chancery Division, NY Surrogate’s Court, NY Supreme Court.

Cross-Border & National

US-Korea cross-border estates including Korean property administration through US probate. Multi-state coordination for clients with property in additional US states.

Office: Parker Plaza, 400 Kelby St, 19th Floor, Fort Lee, NJ 07024.

07 · Recent Articles & Columns

Estate Planning Articles

Recent columns and updates on wills, trusts, estate tax, and probate from Song Law Firm.

08 · Success Stories

Recent Estate Matters

Selected estate planning and administration outcomes.

09 · Get in Touch

Protect Your Family and Legacy.

Initial consultation. Direct counsel in Korean, Chinese, or English. No interpreters, no second-line staff — senior attorney on your matter from day one.