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...
Eldercare Lawyer Blog
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 Medicaid Penalty Period Be Put on Hold?
Can an uncompensated asset transfer penalty be tolled once it begins? The director of New Jersey’s Medicaid program correctly agrees that it...
The Nursing Home Myths That Refuse to Die
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...
It May Be Time to Review Your Estate Planning Documents
Recently, I wrote about the changes to the estate tax laws, both federal and New Jersey estate tax. The upshot of my article was, unless you are...
The Estate and Gift Tax Are Dead!
For years, I have been writing about the federal estate and federal gift tax, and my message has been fairly consistent—Most people don’t have to...
The Benefits of Choosing for Yourself: The Importance of a Power of Attorney
Who would make decisions for you if you couldn’t make decisions for yourself? Does the person you would choose know that you want him to make...
Looking Back at a Year That Shifted the Conversation
The death of the New Jersey estate tax will soon be upon us. In 2017, the credit against New Jersey estate tax (technically called the credit...
Income-Only Trust Assessed Correctly
Recently, Meghan Davey, the Director of the New Jersey Division of Medical Assistance and Health Services, issued a final agency decision that...
Do I Need a Will? Understanding the Importance of Estate Planning
One of the biggest impediments to an individual writing a last will and testament and other, important estate planning documents is...
Will the Repeal of the Estate Tax Help or Hurt You?
Recently, President Trump put forth a proposal to repeal the federal estate tax. Under existing law, estates with a gross value in excess of...
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Recent Posts
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...
A Long-Used Strategy No Longer Works the Same Way
One of the biggest changes in the area of estate planning just occurred, the death of the stretch IRA and minimum required distribution rules (MRD) for most beneficiaries. A stretch IRA is not an actual IRA, it’s a concept concerning an IRA (or 401(k), 403(b), 457,...
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...
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