As those of you who read my column on a regular basis know, I wrote a book on elder law entitled, New Jersey Elder Law: A Resource and Planning...
Eldercare Lawyer Blog
Changing the Terms of a Trust
A case recently decided by a court in Massachusetts reminds me of an interesting issue affecting the Medicaid program here in New Jersey. In the...
What Is a Guardianship?
For those of you interested in elder law, here is an excerpt from my book, entitled New Jersey Elder Law: A Resource and Planning Guide. The book...
Estate Recovery Overreach
Medicaid is a health payment program for needy individuals. In other words, if a person meets the criteria for eligibility, Medicaid will pay for...
The Dangers of a Joint Bank Account
Many elderly people add a child’s name to their bank accounts. The reason most elderly people do this is to permit the child to access the account...
The Never Ending Penalty Period
A recent decision of the Superior Court of New Jersey, Appellate Division, serves as a cautionary tale for those seeking to qualify for Medicaid...
Federal Victory for Annuities
The United States Court of Appeals for the Third Circuit recently decided a case that greatly impacts Medicaid planning in New Jersey. I was...
Medicare versus Medicaid
A reader recently asked for an explanation of the differences between the Medicare and Medicaid programs. The following are excerpts from my book,...
Requirements of a Will
Most people understand the purpose of a last will and testament. A Will is a document the primary purpose of which is to pass a person’s assets to...
Recent Case Unfavorable to Caregiver Agreements
The other week, the Superior Court of New Jersey, Appellate Division, decided a case that sounds the death knell for caregiver agreements as a means...
An Excerpt from My Book
The following is an excerpt from my book, New Jersey Elder Law: A Resource and Planning Guide. The book is published by ALM Media. ALM is the...
Can I Amend My Will?
Oftentimes, a client asks me to draft an amendment to his last will and testament. Most people believe that an amendment to their Will is less...
How To Buy My Book
The following is an excerpt from my book, New Jersey Elder Law: A Resource and Planning Guide. The book is published by ALM Media. ALM is the...
Current Legislation
Currently, there are two important bills pending in the federal and state legislatures that affected the aged and the disabled. One bill pending...
Agreement To Change a Will
Most people know what a last will and testament is. A Will is a document that states who is to receive your assets after you die. For instance, “I...
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Recent Posts
Planning for Minor Beneficiaries
Many people choose to leave a part of their estate to beneficiaries who are minors. Some people leave assets to a minor beneficiary indirectly; they may have left their estate to their adult child, but the child predeceased them so that child’s share of the estate...
Planning Options For the Solo Senior
PLANNING OPTIONS FOR THE SOLO SENIOR What happens to those people who truly have no one to help them? No one who can, or even would, make decisions for them? This situation arises more often than you may think. As people age, family members and friends die or move...
Who’s My Client?
"My mother needs a Will and a power of attorney," the woman's voice says over the phone. "When can I'm come see you." In traditional attorney-client relationships, the attorney meets directly with his or her client. The "client" may be a fifty year old man who was...
What Are My Rights?
On July 21, 2004, the Superior Court of New Jersey, Appellate Division, decided a case, entitled Seabrook Village v. John Murphy, that serves as further support for a recent court victory of mine, which I wrote about in last week's column. Seabrook Village is a...
Trust Buster Statute
A WIN FOR THE DISABLED For parents with disabled children, providing for the child's well-being after the death of the parents is a primary concern. For example, if your child suffered from cerebral palsy and required substantial assistance - costly, assistance -...
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