As an elder law attorney, I am always surprised that no one ever talks aboutNew Jersey’s death taxes. We hear a lot about the federal estate tax,...
Eldercare Lawyer Blog
A Home Doesn’t Always Count the Way You Think
I meet with at least one spouse a week who is fearful of losing her house to the costs of long-term care for her husband. "I don't want the nursing...
A Diligent Inquiry
Why do I need a last will and testament? Most people believe that if they die without a Will, their estate passes to the state of New Jersey. This...
New Jersey Expands Medicaid Program: What It Means
New Jersey has expanded its Medicaid program to provide broader access to healthcare and long-term care services. These changes can affect...
Why You Should Save Those Bank Statements
Now, more than ever before, it is imperative that applicants for Medicaid benefits retain their financial records. In 2006, the federal laws...
A Shift in How Annuities Are Viewed Under Medicaid
On October 2, 2012, the United States Court of Appeals for the Second Circuit decided a case involving non-assignable annuities in the context of...
Living Wills Don’t Kill
By: John W. Callinan, certified elder law attorney, serving Monmouth, Ocean, and Middlesex Counties, New Jersey, in the areas of Guardianship,...
Is Long Term Care Insurance Dying?
“Do you think long-term care insurance is right for me?” It’s a question that many clients have asked me. I don’t sell long-term care insurance,...
Being an Executor Is Harder Than Most People Expect
As my practice ages, I have a number of individuals come to me for advice on how to administer a loved one’s estate. The person died and may have a...
Unequal Distributions
Every day, I meet with people who want to engage in Medicaid planning. Medicaid is a government health insurance program for needy individuals. ...
Retirement Accounts Can Complicate Medicaid Planning
Medicaid planning is a process through which and individual attempts to qualify for Medicaid sooner than he would without planning and to preserve...
A Call to Arms for the Disabled
The Social Security Administration (“SSA”) recently revised its policy manual with regard to the administration of special needs trusts. This...
How Do You Obtain Guardianship for an Adult?
As I previously posted, I have obtained guardianship for hundreds of individuals, primarily in the superior court serving Monmouth, Middlesex, and...
Understanding Guardianship in New Jersey
A guardianship is a procedure through which an individual, called the "ward," is adjudicated to be an incapacitated individual by a court. Another...
A Special Needs Trust Victory: What It Means for Families
The mother of a special needs child was recently awarded in excess of $441,000 from her daughter’s special needs trust for services that the mother...
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Recent Posts
Looking for the Magic Pill
LOOKING FOR THE MAGIC PILL, AT A GOOD PRICE Older people must be on drugs. Expensive ones. Congress is debating whether or not to add a prescription drug feature to the Medicare program. As those of you 65 or older know, Medicare does not pay for prescription drugs....
Long Term Care
SURVIVING THE COST OF LONG TERM CARE Our population is rapidly aging. By the year 2030, the percentage of individuals over the age of 65 will double. Yet, we know that longevity does not equate to a high quality of life. Often with longevity comes a need for long term...
Long Term Care Insurance
LONG-TERM CARE INSURANCE Have you ever been contacted by someone selling long-term care insurance? If you were interested and investigate it further, you may have come to the conclusion that the insurance was just too expensive. I've had a lot of people tell me that....
What a Life Estate Really Means for Your Home and Your Heirs
LONG TERM CARE AND THE HOME One of the assets most dear to a person's heart is their home. This is particularly true for older individuals, many of whom have lived in the same home for forty or more years. More than anything else, these individuals want to ensure that...
Keri Supreme Court
THE ELDERLY SCORE BIG-TIME IN COURT I barely want to say it out loud, but if you've noticed, my recent columns have been about court victories for the elderly. It wasn't always that way. There was a time in the not so distant past when I thought elder law attorney...
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Sea Girt (732) 974-8898 Middletown (732) 706-8008