Every day I meet with clients who are interested in having me drafting the three essential estate planning documents for them--a last will and...
Eldercare Lawyer Blog
What Happened to Mom’s Dresser?
In my practice, I have drafted over ten thousand last wills and testaments for clients. I have assisted hundreds of executors administer the estates...
Don’t Believe Everything You Hear
Recently, I had the opportunity to visit two separate banks on behalf of a client of mine and on behalf of an individual for whom I am the guardian....
It’s a Moot Issue
I read with interest a recent federal court opinion involving a Medicaid issue. A colleague of mine sued the State after the Medicaid office in...
Saving Mom’s House
Many of the people who come to see me are concerned about protecting their assets from the costs of long-term care, such as care in an assisted...
I Wrote the Book
Around October of this year, a book that I recently wrote on the subject of elder law will be published. American Lawyer Media (ALM) will be...
Positive Change to New Jersey Medicaid
New Jersey's Medicaid program is about to get a dramatic overhaul. Currently, there are two programs of Medicaid that pay for long-term care, such...
Is an Inherited IRA a Retirement Account?
A recently decided case of the United States Supreme Court may have far-reaching implications with respect to the manner in which individuals...
Two Major Victories for Medicaid Beneficiaries
This week was a big week for potential Medicaid beneficiaries. Two discrete events occurred this week and both have to do with a Medicaid...
A Will for a Second Marriage
I often meet with married couples in second marriages. Each spouse frequently has children from a first marriage. The couple may have been married...
Caregiver Agreements and Medicaid Planning Strategies
As we age, we tend to need more care. Frequently, the provision of that care falls on our younger, healthier family members. I recently had the son...
Tax Planning for Married Couples
New Jersey is one of the few states in this country with its own estate tax. Fewer than twenty of the fifty states in the United States have an...
How Life Insurance Fits Into Estate and Medicaid Planning
There are a number of issues with respect to the ownership of life insurance that I see time-and-time again with my clients. As most of us know,...
Delegating Authority
When asked, I always tell clients that they should have a power of attorney document for financial decisions. When a person signs a power of...
Does the IRS Have Integrity?
It is tax time, so I wanted to write about an interesting tax court case that was recently decided. After reading this article, you be the judge. ...
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No One Handles These Decisions Alone
LEGAL REPRESENTATION IS A TEAM EFFORT Some wise man (or woman) once said, there are no stupid questions only stupid answers. When your law practice is limited to one area of the law - such as elder law - you tend to hear the same questions again and again. "I thought...
Spousal Refusal
Medicaid pays for many of the costs associated with long-term care. Medicaid is a welfare program. Medicaid is a co-operative program between the federal government and the various states. Typically, the cost of the Medicaid program accounts for 20 to 25% of a state's...
What Happens After I Qualify for Medicaid?
I have applied for Medicaid benefits for clients over a thousand times. I have a lot of experience with applying for Medicaid benefits. Medicaid is a health payment plan for needy individuals. In order to qualify for Medicaid benefits, an individual must have very...
Small Gifts, Big Problems: What You Should Know
SMALL GIFTS, BIG HEADACHES "Okay," I say to my client, "tell me in general terms to whom you wish to leave your money after you pass away." The woman has come to see me to draft a Will for her. She's widowed and has three, adult children. "Well, I want to leave most...
Sabree v. Richman: Key Takeaways
WHAT'YA GONNA DO, SUE ME? Recently, the United States Court of Appeal for the Third Circuit - the federal appellate court that handles appeals in federal cases for New Jersey and Pennsylvania - recently decided a case that could have a significant impact on the...
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