Planning ahead is one of the most effective ways to protect your finances, your wishes, and your family as you age. A clear elder law roadmap helps...
Eldercare Lawyer Blog
Right to Die
Oregon is the only state in the Nation to permit physician-assisted suicide. Oregon's Death with Dignity Act was approved by the citizenry of that...
Providing For the Children of Divorce
"My wife and I are each married for the second time," the man says from the other side of my desk. "I have three children from my first marriage,...
Powers of Attorney Are More Powerful Than Most People Realize
ALL POWERS ARE NOT ALIKE All Powers of Attorney are not alike. Some Powers are durable, others aren't. Some Powers name one "Agent" - the person...
Planning Is a Process
ESTATE PLANNING IS A PROCESS Estate planning is a process, a plan. It is not going to a lawyer and having a Will drafted. There are certain aspects...
Estate Planning for the Solo Senior
PLANNING FOR THE SOLO SENIOR I ask the woman on the other side of my desk who she would want to name as her agent in her financial power of...
Planning for a Child With Long-Term Support Needs
PLANNING FOR CHILDREN WITH DISABILITIES 40% of all individuals receiving long term care are under age 65. Many of these disabled individuals still...
Planning For Children
You're Never Too Young To Plan For younger individuals, the topic of estate planning is very low on their priority list. After all, if your young...
Per Stripes: Understanding Inheritance by Class
PER STIPRES, PER CAPITA, JUST TELL ME HOW MUCH I GET "My mother's Will left her estate to the children, `per stirpes,'" says the woman who has come...
New Tax Law
NEW TAX LAW The Economic Growth and Tax Relief Reconciliation Act of 2001 (the "Act") is law. The estate tax will be repealed, maybe. Under the Act,...
New Jersey Estate Tax Revisited
NEW JERSEY'S DEATH TAX: WHAT ARE MY OPTIONS? In a recent column, I discussed the fact that the state of New Jersey enacted a new law that modified...
New IRA Rules
THE IRS HAS SIMPLIFIED RETIREMENT Allowing a person to leave their money in a retirement account, such as an individual retirement account (IRA), is...
More on the Right to Die: Legal Updates
THE RIGHT TO DIE The battle in Florida continues to rage over whether or not Terry Schiavo should be removed from a feeding tube. Terry Schiavo is...
Living Wills Don’t Work
LIVING WILLS DON'T WORK A new study reveals that living wills don't work. For most people, this may come as a surprise, since the concept of a...
Living Trusts Are Complicated
CHANGING THE TERMS OF A LIVING TRUST I've written about revocable living trusts before. As you might remember, I'm not really a fan of living...
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Recent Posts
What Is a Spendthrift Trust?
What is a “spendthrift trust”? It’s a question I hear frequently from my clients. I find that more and more clients are interested in having trusts as part of their estate plans. Today, I want to explain some of the basic concepts surrounding trusts and, in...
Can I Get a Step-up?
Recently, a financial planner asked me if I thought the federal government was going to eliminate the “step-up” in basis for assets of an estate. I thought it was a distinct possibility. Currently, when an individual dies owning certain assets, those assets receive a...
Attention IRA Beneficiaries: Rule Change You Should Know
In December of 2019, the SECURE Act became law. Part of this new law was a change to how beneficiaries of qualified accounts (such as IRAs, 401(k)’s) must withdraw assets from these accounts after the death of the account owner. Prior to the SECURE Act, a...
Caregiver Child Victory
Recently, the New Jersey Superior Court, Appellate Division, rendered a very insightful decision concerning an issue involving the Medicaid program. Medicaid is a health payment plan for needy individuals. In order to qualify for Medicaid benefits, an individual...
Take the Blinders Off
The Centers for Medicare and Medicaid Services (CMS) is the federal agency that administers the Medicare and Medicaid programs. Medicare and Medicaid are the primary payers for care in skilled nursing facilities, commonly known as nursing homes. Twelve years ago, CMS...
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