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...
Eldercare Lawyer Blog
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...
Are Lawyers Expensive?
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...
Could Your Parent’s Nursing Home Bills Become Your Problem?
Is a guardian financially responsible for his ward? Is a power of attorney agent financially responsible for his principal? Assume that your mom...
How Gifting Money Can Trigger Taxes Sooner Than You Think
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 About a Loved One’s Care
Few moments are harder for families than realizing a loved one may no longer be able to live safely or manage things on their own. The conversations...
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...
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Recent Posts
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...
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...
A Reasonable Flat Fee
I have been practicing elder law for twenty-five years. Most of my practice is transactional law, as opposed to litigation. I draft estate planning documents (financial powers of attorney, advanced health care directive, last wills, and trusts) and assist clients in...
When Timing a Medicaid Application Matters More Than You Think
Filing for Medicaid benefits is a complicated process. Medicaid is a federal and state health payment plan for needy individuals. In order to be eligible for Medicaid benefits, an applicant must have an extremely limited amount of assets (typically, less than $2,000)...
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