In 2023, the United States Internal Revenue Service (the “IRS”) issued a revenue ruling concerning irrevocable grantor trusts and whether the assets...
Eldercare Lawyer Blog
Where Did My Money Go? Understanding What Happens to Assets After Death
Many families are surprised to learn that assets do not always pass according to a will. Accounts with named beneficiaries, jointly held property,...
Applying for Medicaid: Cost and Services
In last week’s article, I wrote about non-attorney Medicaid application companies. Medicaid is a health payment plan for needy individuals. Medicaid...
Applying for Medicaid
I have been helping clients apply for Medicaid benefits for nearly twenty-five years. Medicaid is a health payment plan for needy individuals....
A Trust Can Change How Assets Are Exposed
When it comes to protecting assets, a trust is one of the most commonly discussed tools—but it’s not always as simple as it sounds. Different types...
Mom’s Journey to the Nursing Home, Part II
The last article I wrote began mom’s journey to the nursing home. Mom had fallen at home and broken her hip. After a brief stay in the hospital in...
Mom’s Journey to the Nursing Home
When a parent needs long-term care, there is often a common pattern. Mrs. Smith, aged 85, falls at home and breaks her hip. She is taken to a...
Will I Lose My Medicare?
“When I qualify for Medicaid benefits will I lose my Medicare benefit?” I get this question quite often from clients. A substantial part of my...
Can the Nursing Home Send Mom Home?
When a family member needs long-term care in a nursing home, her family is often distraught—distraught because mom is failing mentally and...
Should I Have a Trust?
“Should I have a trust?” I get this question a lot from clients. There is no one answer to this question; just as there is no one trust. In order...
Joint Ownership Can Cause Problems
“Should I add one of my children to my bank account?” It is a question I have received on a regular basis from clients for the past twenty plus...
The New Jersey Exit Tax
There are no assets more important to a person than her home. I meet with clients every day who ask me questions about protecting their homes from...
Wait … Is This Even Legal?
There are many misconceptions that surround elder law. The defining feature of elder law is Medicaid planning. Medicaid planning is a form of...
Do I Need To List My Assets in My Will?
Does a last will and testament have to list all of your assets? Many of my clients believe that a Will must list all of their assets—who gets the...
Probate Is Simple
When a parent dies, her family members need to settle her financial affairs. The need to settle a person’s financial affairs is the source of great...
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Recent Posts
The Hidden Tax Break
When it comes to real estate, most people focus on the obvious—mortgage rates and neighborhood values. But there’s a quieter financial reality lurking in the tax code that can make an enormous difference to families: the step-up in basis. It’s an under-appreciated...
Putting Your House in Trust: A Key Step in Medicaid Planning
When it comes to protecting assets from the high cost of long-term care, few strategies are as powerful—or as misunderstood—as placing your home in trust. In my practice, I work with clients every day who are either actively receiving care in a nursing home or...
Why Every Adult Should Have an Advance Health Care Directive
One of the most essential documents every adult should have—regardless of age or health status—is an advance health care directive, also commonly known as a living will, health care proxy, or health care power of attorney. Despite the slightly different names, these...
Putting Your House in a Trust for Long‑Term Care Planning
When it comes to Medicaid planning, the sooner you start, the better. A large part of my legal practice focuses on helping clients qualify for Medicaid—either immediately when they're facing the high cost of nursing home care or proactively, in case long-term care...
How Delayed Medicaid Decisions Can Affect Long‑Term Care
A colleague of mine recently won a Medicaid appeal that highlights an increasingly common problem: excessive delays in processing applications. Medicaid, the joint federal and state health program, has been in the news due to proposed reforms, including those in the...
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