Estate planning for a gay couple requires that the attorney consider several issues. One of the most important issues is the legal status of the...
Eldercare Lawyer Blog
I Want To Avoid Probate
“I want to make it as easy as possible for my family after I die. What should I do? How do I avoid probate? I heard probate was complicated.” These...
What Taxes Will My Family Actually Have to Pay?
What taxes will my family pay after I die? Many of my clients are concerned about the taxes their family will have to pay after their death, so I...
An Irrevocable Trust Isn’t the Only Way Forward
“Can I use a revocable trust for that instead of an irrevocable trust?” I get that question a lot from clients. Whether you need a revocable or an...
Planning for a Second Marriage
What should a married couple in a second marriage consider when drafting their last wills and testaments? Oftentimes, each spouse in a second...
Estate Planning: How the Sausage Is Made
I draft a lot of financial powers of attorney, health care directives, and last wills. A lot. For the young and for the old, even though I am...
What Type of Trust Do I Need?
When should I have a revocable trust? When should I have an irrevocable trust? I hear these questions often from clients. I always like to start...
How To Draft a Power of Attorney
A financial power of attorney document could be the most important estate planning document that you have drafted for yourself. Without a power of...
How Much Will I Owe in Death Taxes
Taxes. No one wants to pay taxes. One type of tax that raises a particular amount of ire in people is “death tax”—estate tax, inheritance tax, and,...
Picking the Right Trustee
Over the years in my law practice, I have found that there are a number of reasons why a client will establish a trust. The client may have minor...
Should I Apply for Medicaid?
When mom (or dad) needs care in a nursing home, should she apply for Medicaid benefits? There are many factors that go into this answer; there is no...
Before You Make a Tax-Free Gift, Read This
How much can I gift to my children without paying tax? This is a question my clients have been asking me since I opened my practice. Most of my...
How To Pick a Nursing Home
When your mother needs care in a nursing home, there is a lot of pressure on you to get her care right. Mom took care of you for so long it is...
A Recent Medicaid Planning Win Worth Sharing
A recent win in the Superior Court of New Jersey, Appellate Division, caps a long series of wins with regard to Medicaid-complaint annuities....
How To Pick an Executor
Over the past twenty-five years, I have drafted thousands of last wills, financial powers of attorney, and advanced health care directives. If I do...
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How Medicaid Protects the Spouse at Home
When a family member needs long-term care—such as care in a nursing home or assisted living residence—it can be devastating. It is emotionally devastating to think that a loved one will need care with his basic needs for the remainder of his life. It is also...
Legal Documents Every Parent Should Have
All three of my children are in college and over eighteen. Though I still think of them as kids, the law sees them as adults. The moment a person attains the age of eighteen, he or she is an adult. As an adult, the authority of a parent as the natural guardian for the...
When Financial Incentives Start to Influence Care Decisions
This week, I came across three separate articles on nursing homes. While each offered a unique perspective, together they painted a troubling picture of a system where financial interests often eclipse patient care. I’ve synthesized their key takeaways to share my...
“Do I Have To Pay Mom’s Credit Card Bills?”
“My mother died recently. She had about $20,000 in credit card debt. I am the executor of her estate. Do I have to pay that credit card debt or did the debt die with her?” I receive a question such as this quite regularly. After a parent passes away, many children are...
Can I Sell My House for a Dollar?
“Can I sell my house to my son for a dollar? Would Medicaid question that?” Clients have asked me these questions many times. My answer is, if you wouldn’t sell your house to a stranger for a dollar, then Medicaid would question your selling the house to a family...
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Sea Girt (732) 974-8898 Middletown (732) 706-8008