NO WILL, NO WAY If you die without having made out a Will, what happens? Does your property just pass to the State of New Jersey, leaving your...
Eldercare Lawyer Blog
When “Family” Isn’t as Legally Clear as It Sounds
IS A CHILD BORN 18 MONTHS AFTER YOUR DEATH, YOUR CHILD? Is a child born eighteen months after a person's death that person's "child"? If so, is that...
Does Probate Cost Much Money?
THE ENEMY'S NOT AT THE GATE, HE'S ON THE COUCH People almost universally believe that when they die their estates will be subject to stringent...
What type of compensation is an executor entitled to?
EXECUTOR'S COMMISSION: JUST DUES Being the executor of a Will is a job. It involves a significant amount of work. The executor has to probate the...
How much of my estate must I leave my spouse?
WHEN THE WELL-SPOUSE DIES FIRST When planning for an ill-spouse to qualify for Medicaid benefits, I have to take into consideration the fact that...
Where should a will be submitted for probate?
WHERE DO YOU LIVE? A Will is probated in the state and in the county where the decedent died "domiciled." It has been said that a person can have...
Who Pays Counsel Fees When a Will Is Challenged?
THE PARTY'S OVER, HERE'S THE BILL The legal battle over the estate of Madeline Stockdale - the Spring Lake widow whose estate is worth millions -...
Should I Name Co‑Executors for My Estate?
ARE TWO HEADS ALWAYS BETTER THAN ONE? A number of my clients express a desire to name two of their children as the executor of their Will. The...
What if someone challenges my will after I die?
YOUR FAMILY, YOUR MONEY: LET THE FIGHTING BEGIN In the coming years, a tremendous amount of wealth will pass from one generation to the next. As a...
Can I Make Mom Get the Care She Needs?
A common question I get from people who come to see me for a consultation goes like this: “How do I get my mom to go to a nursing home? She doesn’t...
Medicaid Might Pay Your Family Member To Care for You
Recently, a few of my clients have mentioned a Medicaid program that allows a family member to be paid for providing care to a loved one. The...
Who Pays for Long-Term Care? Understanding Your Options
Medicaid is a health payment plan for needy individuals. Unlike private health insurance, Medicaid will pay for many of the costs associated with...
What if I don’t own the property in my will when I die?
DO YOU HAVE A WILL OR A PLAN? When a person has a Will drafted leaving a specific asset or a specific amount of money to a friend or family member,...
Spousal Income Allowance Revised
Recently, the state of New Jersey adjusted the figures used to calculate the Medicaid spousal income allowance. Medicaid is a health payment plan...
Avoid Paying More for Less in Long-Term Care
I have concentrated my practice in the area of elder law for almost twenty years now. In that time, I have represented hundreds upon hundreds of...
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Recent Posts
What’s in a Name? More Than You Might Think
What’s in a name? You would be surprised with the number of people who use a name other than their legal name and who aren’t even sure what their legal name is. Knowing your legal name can be quite important, particularly when it comes to drafting legal documents,...
The General Durable Power of Attorney
Of all the estate planning documents, I think the most important document is a financial power of attorney. A financial power of attorney is often called a general durable power of attorney. When a person signs a power of attorney document granting another person the...
Writing Your Own Will Sounds Easier Than It Is
I recently saw a question on a social media service. The person was asking if anyone knew a good estate planning attorney and what the cost of a Will should be. One of the people responding said that she had used an on-line, do-it-yourself Will service. She did not...
Don’t Pay in Cash
For decades now, I have been filing applications for Medicaid benefits on behalf of my clients. I would say that in almost every case in which the client lived in their home with the assistance of a home health aide, the client (or more accurately, the client’s...
My Kids Would Never Do That!
“My kids would never do that.” It’s a line I hear with some frequency, particularly when I discuss the possibility of a challenge to the client’s Will. A last will and testament passes the property of a decedent to the beneficiaries she chooses. Typically, the...
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