Can an adult child be held responsible to pay for the long term care costs of his parent in New Jersey? This is a concept called filial...
Eldercare Lawyer Blog
Increasing the Personal Needs Allowance
Recently, the state of New Jersey increased the amount of money that a Medicaid beneficiary can retain from his income when he is living in a...
Declaring an Estate Insolvent
When a person dies, the affairs of his estate must be wrapped up or administered. This process is called estate administration. The person who...
How To Apply for Medicaid Benefits
Medicaid is a government health payment plan for needy individuals. If a person qualifies for Medicaid, it will pay for many of the costs...
One Lawyer’s Advocacy
Am I ineligible for Medicaid? Recently, the New Jersey Medicaid program issued a letter increasing the uncompensated asset transfer penalty...
What Exactly Is a Trust Protector?
In my practice, I draft a lot of trusts. There are various reasons why a trust may be the appropriate solution for a client. At its core, a trust...
Protecting Privacy Through a Revocable Living Trust
For some people, privacy is important. They don’t want others knowing about their personal affairs or their financial affairs. In my practice, I...
Protecting Assets with a Trust
For years, I have been using irrevocable trusts to transfer a client’s assets to her children. The benefits of transferring assets to a trust,...
Senior Planning Can Be a Crime
Recently, companies have emerged with the purpose of assisting people (“customers”) qualify for Medicaid benefits, typically when the...
Planning in Changing in Times
A large percentage of people do not have a last will and testament. If you are included in that group, you should get a Will. Of those who do have...
Reviewing Gift Tax Laws
It’s income tax time again, so taxes are on everyone’s mind. As an elder law attorney, the one question or comment that I hear the most has to do...
Beware Non-Attorney Medicaid Advisors
The New Jersey Division of Consumer Affairs has issued a bulletin advising New Jersey residents of a potential for abuse by non-attorney Medicaid...
Planning with IRAs
As the Baby Boomer generation ages, more estate plans need to incorporate language that accommodates qualified retirement accounts, such as...
Preventing Your Children from Fighting Over Your Estate
When a person passes away, the executor of his estate must begin the process of administering his estate. The basic steps of estate administration...
Blocking the Needy
There has been a lot of talk coming out of Washington, D.C., in the past several months about making Medicaid a “block grant” program. The new...
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Recent Posts
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...
Gift Tax: The Mouse That Roared
If I had to list the top five questions I hear from clients, questions about gift tax would definitely be on that list. People are fascinated with gift tax. I find people's fascination with gift tax a bit humorous because so few people are affected by the tax. I would...
Medicaid Managed Care
New Jersey's Medicaid program may be switching from a fee-for-service ("FFS") program to a managed care organization ("MCO") program. Should you be concerned? Yes, you should, and here's why. Medicaid is a health insurance program for needy individuals, individuals...
Naming Co-Agents
I draft numerous last wills and testaments, financial powers of attorney, and advanced healthcare directives. I would say that over the course of my career, I have drafted tens of thousands of these documents. I have met with thousands and thousands of clients and...
The Well-Drafted Power of Attorney
I believe that anyone over the age of eighteen should have a financial power of attorney document. A power of attorney is a document that allows one person, called the "agent," to make financial decisions for another person, called the "principal." I say that anyone...
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