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,...
Eldercare Lawyer Blog
“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...
When Medicaid Advice Crosses Into 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 You Really Keep?
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...
A New Special Needs Trust Law Brings Important Changes
President Obama signed into law an amendment to the special needs trust that permits a competent disabled individual to establish his own special...
New Medicaid Figures
The new Medicaid spousal impoverishment figures have been published, so I thought I’d take this opportunity to review the meaning of the figures. ...
The State of Estate and Gift Tax
With recent changes to the federal and state estate tax laws, the impact of estate taxes, as well as federal gift tax laws, have been greatly...
Planning with Retirement Accounts
As the Baby Boomers age, the practice of elder law is changing. One significant change is a result of how the Baby Boomers invest their assets. The...
Benefits of a Trust
Lately, I’ve been writing a good deal about trusts. This past summer, New Jersey enacted its version of the Uniform Trust Code. The Code is a...
Testamentary Trusts
A last will and testament is a document that can accomplish a great deal for the person writing the Will and his heirs. Through a Will, a person...
Residents Entitled to Day in Court
The United States Centers for Medicare and Medicaid Services, the federal agency that administers the Medicare and Medicaid programs, issued new...
When Advice Creates More Risk Than Protection
In the past two years, two attorneys, described to the public as “prominent” elder law attorneys, have been arrested on charges stemming from the...
Planning Abounds as Tax Rules Continue to Shift
The New Jersey estate tax is effectively eliminated as of January 1, 2017, since the credit equivalent against the estate tax will increase from the...
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Recent Posts
Federal Court Victory For Disabled
Last week, a federal judge entered a preliminary injunction against the state of New Jersey in a federal lawsuit that I filed involving transfers to disabled children in the context of the Medicaid program. Medicaid is a medical assistance program for needy...
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...
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