As an elder law attorney, I frequently meet with individuals who have an elderly family member who needs long-term care, such as care in a nursing...
Eldercare Lawyer Blog
The Devil Is in the Details
The Superior Court of New Jersey, Appellate Division, recently decided a case that almost seems comical, but the parties in the case probably aren't...
When Rules Begin to Reach Further Than Intended
A recent decision of the Superior Court of New Jersey, Appellate Division, was the source of an interesting discussion among elder law attorneys. ...
I Only Sign Documents I Understand
A phrase that I have heard in my legal career several times—and which I am sure most of you have heard—is, “I never sign anything that I don’t...
When Medicare Covers Maintenance Care
This week, a federal court will sign a settlement agreement between the federal government and a class of litigants affecting the administration of...
What Rising Medicare Costs Mean for You
Social Security benefits were increased by 1.7% for 2013. Of course, the costs associated with Medicare also increased for 2013, taking away most...
Why Federal Estate Tax Is Not a Concern for Many
So the fiscal cliff has been averted. If for no other reason, I’m happy it’s been resolved so I can stop hearing about the fiscal cliff. But what...
Gift Tax in the New Year
In 2013, the annual gift tax exclusion will increase from $13,000 to $14,000 per year. The annual exclusion gift is the amount of money a person...
Planning for the Future
At least twice in the past week I have met with a client who has said that they want “simple” documents. This statement is a recurring one in my...
Tax Planning for Married and Unmarried Clients
“What can I do to save my family from taxes when I die?” This is a question that I often hear from clients, and the answer is different based upon...
Basic Estate Planning Documents
“Do you have a power of attorney agent?” “Yes,” the client tells me, “I named him in my Will.” This is a common question that I ask individuals who...
Will Obama Increase the Federal Estate Tax?
“We need to change our estate planning documents before the end of the year when the Bush tax cuts expire.” For the past month or two, some couple...
Where Do I Store My Will
As I gazed out over the mounds of trash that were once my neighbors’ furniture, personal belongings, and parts of their houses, I thought about all...
A Change That Shifts the Outlook for Medicare Recipients
This week the government settled a federal class action lawsuit involving the Medicare program. The settlement will affect millions of Medicare...
Planning for Medicaid Is Serious Business
I have met with hundreds of people regarding Medicaid planning issues. The stories, while always different, are also very similar in many ways. Mom...
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Recent Posts
Medicaid Perils: What You Need to Know
THERE'S NOTHING TO IT. HAND ME THE HAMMER. Almost every day, a potential client comes to my office and asks how he can transfer his assets to his family without affecting his eligibility for Medicaid. Frequently, the client will think he should gift $10,000 to each of...
Medicaid Benefits Misconceptions
AN OLDIE BUT A GOODIE In recent columns, I've written about fairly recent developments in the field of elder law - court decisions that strength, and reaffirm, the rights of seniors. In this column, I'd like to write about a subject that I have written about before,...
Medicaid and Community Care
I WANT TO STAY IN MY HOME NO MATTER WHAT I have yet to meet a person who told me that they wanted to live in a nursing home. In fact, very few individuals ever want to leave their home, though some find themselves much happier after they've moved to a communal...
Medicaid After Death of a Spouse
CONTINUING MEDICAID ELIGIBILITY AFTER THE DEATH OF A SPOUSE Many of my clients who are seeking to qualify for Medicaid are married. One spouse is in a nursing home and the other spouse remains at home. The spouse who continues to reside at home is called the...
How Medicaid Impacts the Economy
MEDICAID: A BOON FOR THE POOR AND THE ECONOMY It's odd, but true. Sometimes, you need to spend money to make money. And, when you can get someone else to match the money you spend, spending money to make money is, well, easier. We all have heard stories in which the...
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