For some people, privacy is important. They don’t want others knowing about their personal affairs or their financial affairs. In my practice, I...
Eldercare Lawyer Blog
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...
When Is It Time to Review Your Will?
In the last several years, the laws governing estate taxes have changed at both the state and federal levels of government. The short of it is,...
“Death Panels” and the Reality of Medical Decision-Making
I wanted to address a small issue and a much larger issue. A Republican congressman from Florida this week told a number of assembled constituents...
More Choices, Less Coverage
There are some interesting conversations occurring with respect to healthcare, and I think many people don’t quite understand the parlance that is...
Medicaid Advice Is Legal Advice
In the past several years, I have seen a growing number of companies that assist people in qualifying for Medicaid benefits. Sometimes for a flat...
How Much Money Can I Retain?
Medicaid is a health payment plan for needy individuals. Medicaid will pay for most of the costs associated with long-term care, such as care in a...
Bloodline Trusts
Last year, New Jersey adopted its version of the Uniform Trust Code (Code). The Code provides for a concise statement of the laws governing trusts...
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Recent Posts
Something New About Living Trusts
The benefit of practicing only one area of the law, as opposed to being a general practitioner, is that everyday you are focusing on one thing and, surprisingly, learning new things. I'm always surprised how many of the rules and regulations governing elder law is...
Alimony, Special Needs Trusts, and Victory
Recently, the Appellate Division of the Superior Court of New Jersey decided J.P. versus the Division of Medical Assistance and Health Services. This case is yet another win in what is becoming a very long line of wins for the disabled who receive Medicaid benefits....
Medicaid: A Program in Chaos
The other week, I wrote a column about the practice of our state's Medicaid officials to hold private meetings during which policies and procedures are discussed that are tantamount to rulemaking. On February 8, 2006, President Bush signed in to law the Deficit...
Will Medicaid Take My Home?
In the past month, I've heard people say, "I want to protect my home (or some other assets) from Medicaid taking it" no fewer than ten times. So, although I've written about this subject several times, I'm going to give it another go. Whenever I hear one person say...
Long-Term Care and Veterans Benefits
One thing that people who require long-term care need is money. If an elderly individual in need of care is a veteran or the widow of a veteran, he may be entitled to receive up to $1,843 per month in extra money. In this article, I will discuss a little known...
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