I had two people come to me this past week and say something to the effect of, “That’s a lot less expensive than I thought you were going to charge...
Eldercare Lawyer Blog
Am I Financially Responsible for Mom?
Is a guardian financially responsible for his ward? Is a power of attorney agent financially responsible for his principal? Assume that your mom...
How Much Can I Gift Without Paying Tax?
In 2022, the annual gift tax exclusion rose from $15,000 to $16,000. This means that you can gift $16,000 to an unlimited number of people without...
Medicaid Misconceptions
I have been assisting clients with applying for Medicaid benefits for over twenty years. In that time, I have helped hundreds (probably thousands)...
Nursing Homes Have Opened Their Doors
The global COVID-19 pandemic has been hard on many people. One group of people who have suffered greatly are residents of long-term care...
Marriage Is a Partnership
Recently, the Superior Court of New Jersey, Appellate Division, issued an interesting decision concerning New Jersey’s Medicaid program. Medicaid...
VINDICATION AFTER A DECADE … SORT OF
In 2011, which surprisingly was ten years ago, I argued a case before the Third Circuit Court of Appeals, a federal appellate court. The Third...
Trusts Can Be a Good Idea
Using a trust in your estate plan can be a valuable tool, but many people are intimidated and confused when they hear the word “trust.” A trust...
Making the Tough Decision
The common estate planning documents that everyone should have are a financial power of attorney, an advanced healthcare directive, and a last will...
Activating Your Estate Plan
A core piece of advice that I give to almost all of my clients is to have their basic estate planning documents—a last will and testament, a...
Medicaid Handlers Aren’t There To Help You
In the past five years, I have seen a dramatic increase in the number of non-attorney Medicaid Application Handlers (“Handlers”). As the name...
What Is a Spendthrift Trust?
What is a “spendthrift trust”? It’s a question I hear frequently from my clients. I find that more and more clients are interested in having...
Can I Get a Step-up?
Recently, a financial planner asked me if I thought the federal government was going to eliminate the “step-up” in basis for assets of an estate. I...
Attention IRA Beneficiaries: Rule Change!
In December of 2019, the SECURE Act became law. Part of this new law was a change to how beneficiaries of qualified accounts (such as IRAs,...
Caregiver Child Victory
Recently, the New Jersey Superior Court, Appellate Division, rendered a very insightful decision concerning an issue involving the Medicaid...
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Recent Posts
Should I Have More than One Guardian?
I have been practicing elder law for twenty-five years. During that time, I have been involved in hundreds (if not thousands) of guardianship actions—helping clients attain guardianship over a loved one or serving as guardian for individuals who do not have family...
Stepping Up With Irrevocable Trusts
In 2023, the United States Internal Revenue Service (the “IRS”) issued a revenue ruling concerning irrevocable grantor trusts and whether the assets held in such trusts receive a step up in basis when the taxpayer dies. This revenue ruling has caused tremendous...
Where Did My Money Go?
Having a Last Will and Testament is not the be-all and end-all for most estate plans. In order to have a proper estate plan, you must know how your assets are titled, and you must coordinate the manner in which your assets are titled with the provisions of your Will....
Applying for Medicaid: Cost and Services
In last week’s article, I wrote about non-attorney Medicaid application companies. Medicaid is a health payment plan for needy individuals. Medicaid will assist with paying for many of the costs associated with long-term care, such as care in a nursing home, in an...
Applying for Medicaid
I have been helping clients apply for Medicaid benefits for nearly twenty-five years. Medicaid is a health payment plan for needy individuals. Unlike health insurance or Medicare, if a person qualifies for Medicaid benefits, Medicaid will pay for most of the costs...
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