What’s in a name? You would be surprised with the number of people who use a name other than their legal name and who aren’t even sure what their...
Eldercare Lawyer Blog
The General Durable Power of Attorney
Of all the estate planning documents, I think the most important document is a financial power of attorney. A financial power of attorney is often...
Writing Your Own Will Sounds Easier Than It Is
I recently saw a question on a social media service. The person was asking if anyone knew a good estate planning attorney and what the cost of a...
Don’t Pay in Cash
For decades now, I have been filing applications for Medicaid benefits on behalf of my clients. I would say that in almost every case in which the...
My Kids Would Never Do That!
“My kids would never do that.” It’s a line I hear with some frequency, particularly when I discuss the possibility of a challenge to the client’s...
Are Guardianships Vehicles of Abuse?
I recently watched a docuseries. This particular show was about guardianships. The theme of the docuseries is to expose the ways in which people...
Stimulus Check
My office has received a number of calls about the federal stimulus check that many taxpayers received. There are two basic questions that my...
Meeting Me in the Age of Covid: Remote Estate Planning
Lately, you may have been thinking about your mortality and deciding that you definitely need to have your last will and testament drafted—the one...
It’s Good To Have Help
Currently, we are all self-quarantining. When you rarely leave your home, you see how difficult it is to accomplish daily tasks. Basic things that...
Another Medicaid Planning Win for a Family in Crisis
This past week I received a very favorable result in a federal lawsuit that I filed against the state of New Jersey over a Medicaid issue. The...
Planning Before a Crisis Occurs
What the coronavirus teaches us is that we need to plan for the unexpected in life. It’s comfortable to think that nothing is going to change. ...
Avoiding Government Interference
Almost every week a client asks me how to avoid “government interference” of his estate after their death. The client wants his children to have an...
Making Your Will Enforceable
Most people draft their last wills and testaments to leave their entire estate to their children equally. A Will that leaves the entire estate...
Building Flexibility Into Your Trust
In my practice, there are a number of reasons why a client may use a trust. A trust is a fiduciary relationship in which one person, the trustee,...
Is the Homestead Rebate Worth Worrying About?
A large portion of my practice involves qualifying clients for Medicaid benefits. Medicaid is a health payment plan for needy individuals. Medicaid...
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Recent Posts
Estate Planning Resolutions You Might Actually Keep
It’s another new year. Many of us will enter resolutions with ourselves—either spoken or unspoken—things we want to accomplish in the new year. I thought I would take this time to go over some legal to-do’s that I believe people should accomplish in the new year....
Will I Pay Estate Tax?
The new year is upon us, and with that, the federal government has issued new numbers for the credit equivalent against federal estate and gift tax. For years, I have called the federal gift and estate tax a boogeyman because the tax affects so few people, yet...
One Guardian or More Than One?
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? Understanding What Happens to Assets After Death
Many families are surprised to learn that assets do not always pass according to a will. Accounts with named beneficiaries, jointly held property, and certain financial arrangements can redirect funds automatically after death. Understanding why this happens can help...
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