Being an executor of a decedent’s estate can be daunting and intimidating. As an executor, you are handling the affairs of someone else (the person...
Eldercare Lawyer Blog
Planning for a Disabled Loved One
What is the difference between a special needs trust and a supplemental benefits trust? If you have a family member who suffers from a disability,...
Your Rights in a Nursing Home
Last week, I described the different long-term care facilities. There are three primary long-term care facilities: assisted living residences,...
What Are My Rights
There are several common facts that people should know about long term care facilities. Long term care facilities come in different varieties. ...
Beware of Your Own Generosity
Few issues prompt more questions to me than the concept of gifting. In my experience, when it comes to gifts, people tend to focus on the...
My Mother Passed Away
This past week, my mother passed away. She was 93 years old—three weeks shy of 94. For the last six years of her life, my mother resided in a...
Guardian ad Litem
A recent appellate division case makes clear the role of a guardian ad litem. When a person cannot handle his financial or medical affairs due to...
What Is a Trust?
Many clients ask me if they should have a trust. The client has heard of some person who has a trust, and they believe that a trust would be...
Off to College: Did You Forget Something?
A financial power of attorney and an advanced healthcare directive can be two of the most important documents that you ever sign. A financial power...
Calculating a Just Penalty
Medicaid is a health payment plan for needy individuals. What this means is, if a person qualifies for Medicaid, the Medicaid program will pay for...
Why “My Will, My Way” Can Lead to Problems
A person’s last will and testament is called his “Will” because the document is supposed to reflect the will (or intention) of the person signing...
Is a Will Really That Important?
A last will and testament can be a very powerful legal document. It has the potential of disposing of all of your property after your death. A...
Dying without a Will
What happens if you die without a last will and testament? Many people believe that if they die without a Will, their money goes to the State. ...
Using Living Trusts Wisely
Many clients ask me if they should have a revocable living trust. These clients may have heard how a revocable living trust is better than a last...
I Want To Qualify for Medicare
I’m an elder care attorney, so many people come to see me about a family member’s long-term care needs. Many of them will say to me, “We want to...
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Recent Posts
Making Your Will Enforceable
Most people draft their last wills and testaments to leave their entire estate to their children equally. A Will that leaves the entire estate equally to the decedent’s children is a lot less likely to be challenged after the death of the person making the Will. This...
Building Flexibility Into Your Trust
In my practice, there are a number of reasons why a client may use a trust. A trust is a fiduciary relationship in which one person, the trustee, holds property for another person, the beneficiary, according to the terms that the individual who established the trust,...
Is the Homestead Rebate Worth Worrying About?
A large portion of my practice involves qualifying clients for Medicaid benefits. Medicaid is a health payment plan for needy individuals. Medicaid is a federal and state program, with both governmental entities contributing to the costs associated with the program....
Can Someone Steal My House?
In my practice, I draft a lot of deeds for clients’ houses. I am often transferring the client’s house into an irrevocable trust or gifting the house outright to the client’s children in order to transfer the house out of the client’s name and start the clock ticking...
What Does It Cost To Maintain a Trust?
When I draft a trust for a client, which is often, one of the questions I frequently receive from a client is—How much will it cost me or my children to maintain the trust? From a practical standpoint, in most instances, the answer is very little. A trust is a...
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Sea Girt (732) 974-8898 Middletown (732) 706-8008