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...
Eldercare Lawyer Blog
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...
Causing Terror with Your Will
In most every last will and testament that I have drafted, I draft a clause into the Will that essentially says, “If a beneficiary of my estate...
How Much Does Long Term Care Cost
Long-term care is expensive and, well, can last for a long time. There are a number of long-term options. In this article, I’ll discuss the...
Should I Designate a Beneficiary?
A beneficiary designation on a financial account directs how the assets in the account will be distributed after your death. For instance, if Mrs....
What Planning Did You Do for Your Own Parents?
What type of planning did you do for your parents? It is a question I get from my clients quite often. Both of my parents are deceased. Both lived...
Experience Teaches
I am not a handy person. I have no training or knowledge in the traditional “trades”—electrical, plumbing, carpentry. But the other day, I noticed...
Increase in Medicaid Divisor Figure
The New Jersey Medicaid office recently increased the penalty divisor used for calculating periods of ineligibility for Medicaid benefits. This is...
The Devil Can Be in the Details
Medicaid is a health payment plan for needy individuals. If you qualify for Medicaid benefits, the program will pay for most of the costs...
Filing an Application for Medicaid
I’ve been filing Medicaid applications for clients for nearly a quarter of a century. In that time, I’ve filed hundreds, if not thousands, of...
Second Marriages Can Be a Minefield for Estate Planning
I’ve been practicing elder law for nearly a quarter of a century. In the past five years, I’ve noticed an increase in the number of clients who are...
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Recent Posts
How Delayed Medicaid Decisions Can Affect Long‑Term Care
A colleague of mine recently won a Medicaid appeal that highlights an increasingly common problem: excessive delays in processing applications. Medicaid, the joint federal and state health program, has been in the news due to proposed reforms, including those in the...
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 Really 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...
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