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    New Jersey

    400 Crossing Boulevard
    8th Floor
    Bridgewater, NJ 08807
    Phone:(908) 722-0700
    Fax:(908) 722-0755

    28 Valley Road
    Suite 1
    Montclair, NJ 07042

    New York

    7 Times Square
    21st Floor
    New York City, NY 10036
    Phone:(212) 808-0700
    Fax:(212) 808-0844

    Pennsylvania

    515 West Hamilton Street
    Suite 502
    Allentown, PA 18101
    Phone:(610) 391-1800
    Fax:(610) 391-1805

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    Contact

    (908) 252-4315
    jjcostellojr@norris-law.com
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    Guardians of Your Will

    James J. Costello, Jr.

    Member

    James J. Costello Jr., Co-Chair of the firm’s Estate, Trust, and Tax Law Practice Group, focuses his practice on wealth preservation, estate planning and administration, litigation and disputes among beneficiaries, general federal and state tax law and controversies, and the formation, dissolution, purchase, sale, and mergers of all types of closely held business entities.

    Jim represents individuals in all aspects of general and sophisticated estate planning. This includes drafting wills, lifetime and testamentary trusts, powers of attorney, health care directives, prenuptial and cohabitation agreements, employing sophisticated strategies when warranted matters to preserve family wealth, including family limited liability companies (“LLCs”), dynasty trusts, and charitable trusts.

    His representation of fiduciaries includes all aspects of estate and trust administration, including preparation and filing of federal and state estate and income tax returns, representation in IRS and New Jersey Division of Taxation audits, litigation and disputes among beneficiaries, preparation and filing of federal and state estate and inheritance tax returns, and defending those returns on audit.

    Jim handles federal and state tax disputes, including collection matters, appeals, and representation in U.S. and New Jersey Tax Courts.

    Small business owners look to Jim for assistance not only with the formation, dissolution, purchase, and sale of closely held businesses, but also as a discussion partner concerning strategies in connection with the transition of ownership to younger generations. He also represents individuals and entities in residential and commercial real estate transactions.

    Elderly and incapacitated individuals and their families engage Jim for counsel regarding guardianships, asset protection planning including irrevocable trusts and Medicaid spend-downs, as well as preparing and filing Medicaid applications.

    Jim has published articles and lectured extensively to civic and professional groups about a variety of estate planning and tax law topics.  He is a former Trustee and Advisory Board Council member of the Greater New Jersey Chapter of the Alzheimer’s Association, now known as Alzheimer’s New Jersey, a former officer of the Bernardsville Library Foundation, Inc., and former member of the Vestry of the Church of St. John on the Mountain in Bernardsville.

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    Areas of practice

    • Business Law
    • Estate Planning and Administration & Wealth Preservation
    • Elder Care & Special Needs Law
    • Taxation

    Education

      • Georgetown University Law Center
        • M.L.T.
      • Western New England College School of Law
        • J.D., cum laude
      • University of Bridgeport
        • B.S., cum laude

    Professional Affiliations

      • American Bar Association
        • Real Property, Trust and Estate Law Section
        • Taxation Section, Committee on Small Firm Tax Lawyers
      • New Jersey Bar Association
        • Real Property, Probate and Trust Section
        • Taxation Section
      • Connecticut Bar Association
        • Estates and Probate Section
        • Taxation Section
      • National Academy of Elder Law Attorneys

    Bar Admissions

      • New Jersey
      • Connecticut
      • District of Columbia
      • U.S. District Court
        • District of New Jersey
        • District of Connecticut
      • U.S. Tax Court


    Blog

    September 8, 2021
    Does It Matter if a Trust Is Revocable or Irrevocable? Yes, It Matters a Lot!
    April 14, 2021
    Beneficiaries Should Exercise Caution Before Filing a Caveat
    April 22, 2019
    Making a Will? Don’t Forget About Funeral Arrangements
    January 3, 2019
    Undue Influence Can Unwind Lifetime Gifts
    October 17, 2018
    Promised Inheritance? Make Sure It’s in Writing!
    September 18, 2018
    No-Contest Clause, No Problem?
    August 28, 2018
    When Is a Joint Account Not Really a Joint Account? When It’s for “Convenience Only.”
    August 2, 2018
    A Vampire Will?
    July 10, 2018
    Beneficiary Rights of Separated Spouses
    June 4, 2018
    I was Excluded as a Beneficiary, but Don’t Think it was Intended; am I out of Luck? Maybe Not!
    March 19, 2018
    It’s Never Too Late (Sometimes) to Assert Rights as a Beneficiary
    February 28, 2018
    Beating the NJ Inheritance Tax as a “Mutually Acknowledged Child”  
    July 19, 2017
    Court Grants Beneficiary’s Request to Terminate Trust
    July 18, 2017
    I was excluded from the provisions of a Will; might I still inherit?
    June 22, 2017
    Inheriting as an “Omitted Child”
    May 15, 2017
    Beneficiary Rights and Retirement Plans – Pay Attention to the Details!
    May 1, 2017
    The Trustee Of My Parent’s Trust Is Using The Trust Assets As A Personal Piggy Bank. What Can I Do?
    April 11, 2017
    New Jersey Inheritance Tax – Beware Gifts “In Contemplation of Death”
    March 23, 2017
    How important is it to have an ORIGINAL Will?
    March 13, 2017
    Does The Executor Of A Will Have The Right To Make Funeral Arrangements For The Decedent?
    February 28, 2017
    I Am A Beneficiary Under A Will But I Have No Idea What Is Going On With The Estate, What Can I Do?
    February 14, 2017
    Addressing Portability Of Estate & Gift Tax Exemptions In Premarital Agreements
    February 8, 2017
    When Is An Irrevocable Trust Not Really Irrevocable?
    January 31, 2017
    Elective Share Update – What Does it Mean to Be Living Separate and Apart or Ceasing to Cohabitate as Man and Wife?
    January 3, 2017
    Could I Be the Beneficiary of a “Secret Trust”?
    December 19, 2016
    Does Undue Influence Apply To Lifetime Transfers?
    November 29, 2016
    What Is A Will?
    November 14, 2016
    Can I Be Cut Out Of My Spouse’s Will?
    October 28, 2016
    Can I Contest A Will?
    October 28, 2016
    How Do I Contest A Will?
    October 28, 2016
    Is My Inheritance Or Gift Subject To Income Tax?


    Publications

    • “Tension Between Site Remediation and Expeditious Estate Administration,” New Jersey Law Journal, March 25, 2020
    • Interviewed, “Nonprofit Best Practices,” Commerce Magazine, December 2014
    • Contributing Author, New Jersey Practice Series, Legal Forms, Third Edition, Chapter 58, “Wills Forms” and Chapter 59, Volume 16B
    • Co-Author, “Creating Dynasty Trusts in New Jersey,” New Jersey Law Journal Estate Planning Supplement, May 2000
    • “A Guide to Disclaimers,” New Jersey Law Journal Estate Planning Supplement, May 1999
    • “Disclaimer Trusts – the Next Best Thing to a Simple Will,” New Jersey Law Journal, December 1998
    • “Dealing With Ethical Concerns in Estate Planning Matters,” New Jersey Bar Association Real Property, Probate, and Trust Law Section Newsletter, June 1997
    • Contributing Author, “Charitable Remainder Trusts,” Estate Planning Strategist, New Jersey Institute for Continuing Legal Education, April 1996
    • Contributing Author, “Family Limited Partnerships,” Estate Planning Strategist, New Jersey Institute for Continuing Legal Education, September 1995
    • “IRS Concession on Minority Interest Discounts Offers Planning Opportunities,” Connecticut Bar Association Estates & Probate Newsletter, June 1994
    • “Dealing with the Marital Residence in Divorce: Tax Issues,” Connecticut Lawyer, October 1993
    • “Probate and Trust Litigation: Real-World Insights for Both Estate Litigators and Planners,” National Business Institute, Princeton, NJ, July 9, 2019
    • “Using Trusts in Estate Planning and Asset Protection,” National Business Institute, Princeton, NJ, November 15-16, 2018
    • “Legal & Financial Planning Basics: Be Prepared!” Insight Private Advisors, Bridgewater, NJ, April 19, 2018
    • “Legal & Financial Planning Basics: Be Prepared!” The Arc Foundation of Somerset County, Bridgewater, NJ, March 29, 2018
    • “The Probate Process from Start to Finish,” National Business Institute, Toms River, NJ, December 20, 2017
    • “The Probate Process from Start to Finish,” National Business Institute, Princeton, NJ, December 19, 2017
    • “Alzheimer’s Disease: Approaches to Case,” Alzheimer’s New Jersey, Pennington, NJ, September 16, 2017
    • “Revocable Living Trusts from Start to Finish,” National Business Institute, Princeton, NJ, November 7, 2016
    • “Estate Administration Procedures: Why Each Step Is Important,” National Business Institute, Princeton, NJ, June 20, 2016
    • “Top Estate Planning Techniques,” National Business Institute, Princeton, NJ, November 9, 2015
    • “Tax Planning for Trusts and Estates,” National Business Institute, Princeton, NJ, December 10, 2014
    Type N/A if you are inquiring about individual or family matters

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