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...
Eldercare Lawyer Blog
Using Credit Shelter Trusts to Reduce Estate Taxes
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. ...
You’re Welcome: Planning Tips for Families
Recently, I sued the state of New Jersey on behalf of several clients of mine in federal court over an issue involving the Medicaid program. This...
Supreme Court Admonishes Nursing Home
A recent decision of the Supreme Court of New Jersey, entitled Manahawkin Convalescent v. O’Neil, sheds some light on how the courts of this state...
Cadillac Cost, Yugo Service
Medicaid is a health insurance program for needy individuals. Unlike most policies of health insurance, Medicaid will pay for the cost of long-term...
Federal Lawsuit Proceeds
This week, a federal judge sitting in Camden refused to dismiss a federal class action lawsuit involving the interplay of veteran’s and...
When Failing to Act Creates Bigger Problems
Medicaid is a health insurance program for needy individuals; however, unlike most health insurance programs, some programs of Medicaid will pay for...
Moving a Parent Into Care Is Rarely a Simple Step
There are few people who want to live in a nursing home. In fact, I have never met any person who wants to live in a nursing home when faced with...
Spousal Income Allowance: How It Works
A recent decision of the Superior Court of New Jersey, Appellate Division, should be of interest those individuals who have a spouse in a nursing...
Expanding Estate Recovery
A recent change to the federal Medicaid Act will permit the various states more freedom when seeking recovery from a personal injury victim’s...
Executor’s Commission
Being an executor is hard work. Being an executor involves assuming a lot of liability. As executor, you are handling other people’s assets and...
Tort Reform
I had some free time this Christmas Eve, and I wanted to write a brief blurb on an issue that bothers me every time I hear it. I do not profess to...
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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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