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...
Eldercare Lawyer Blog
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...
The State of New Jersey Death Taxes
For many years, New Jersey was one of the most expensive states to die in. Most states have no “death taxes,” which could include an estate tax or...
Can a Penalty Period Be Tolled?
Can an uncompensated asset transfer penalty be tolled once it begins? The director of New Jersey’s Medicaid program correctly agrees that it...
Nursing Home Myths
Loved ones are often quite confused when a family member requires nursing home care. For them, the event is both new and unique, and for them, it...
Do You Have a Second?
In my practice, I deal extensively with agents—an individual with authority to act on behalf of another individual. For me, the need to ensure that...
Tolling a Medicaid Penalty Period: What It Means
A colleague of mine recently had a victory for individuals applying for Medicaid that bears mentioning. Medicaid is a health payment plan for needy...
An Ounce of Authority
One of my father’s favorite sayings is, “They have an ounce of authority.” What the saying encompasses is individuals who are relatively low-level...
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Recent Posts
Should I Try To Avoid Probate in New Jersey?
How do I avoid probate? This is a common question I hear from clients. The answer is, “It depends.” It depends on whether or not the client owns real estate in another state. For instance, if Mrs. Smith dies a resident of New Jersey but owns real estate in another...
The Veblen Effect
As an elder law attorney, I am mindful that there are two, primary impediments to people planning for estate and long-term care issues—procrastination and perceived expense. With respect to procrastination, people may see a need to plan (for instance, by having a...
Why Control Can Be a Good Thing in Planning
Should you control the money you leave your loved one after your death from the grave or not? This is a question that a lot of my clients ask themselves. For instance, should you have a last will and testament that simply leaves everything you own to your children...
The Bloodline Trust
A few years ago, New Jersey enacted its version of the Uniform Trust Code. The trust code is a comprehensive series of laws on the subject of trusts. Any uniform law is typically written by legal scholars on a given subject with the idea that the various states will...
Making a Federal Case of It: Update
Several months ago, I wrote a series of articles about various federal lawsuits that I had filed against the state of New Jersey. Like many states, New Jersey has issues with its budget. Spending on the Medicaid program represents a large portion of New Jersey's...
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