If I had to list the top five questions I hear from clients, questions about gift tax would definitely be on that list. People are fascinated with...
Eldercare Lawyer Blog
Medicaid Managed Care
New Jersey's Medicaid program may be switching from a fee-for-service ("FFS") program to a managed care organization ("MCO") program. Should you be...
Naming Co-Agents
I draft numerous last wills and testaments, financial powers of attorney, and advanced healthcare directives. I would say that over the course of my...
The Well-Drafted Power of Attorney
I believe that anyone over the age of eighteen should have a financial power of attorney document. A power of attorney is a document that allows one...
Federal Court Victory For Disabled
Last week, a federal judge entered a preliminary injunction against the state of New Jersey in a federal lawsuit that I filed involving transfers to...
Something New About Living Trusts
The benefit of practicing only one area of the law, as opposed to being a general practitioner, is that everyday you are focusing on one thing and,...
Alimony, Special Needs Trusts, and Victory
Recently, the Appellate Division of the Superior Court of New Jersey decided J.P. versus the Division of Medical Assistance and Health Services....
Medicaid: A Program in Chaos
The other week, I wrote a column about the practice of our state's Medicaid officials to hold private meetings during which policies and procedures...
Will Medicaid Take My Home?
In the past month, I've heard people say, "I want to protect my home (or some other assets) from Medicaid taking it" no fewer than ten times. So,...
Long-Term Care and Veterans Benefits
One thing that people who require long-term care need is money. If an elderly individual in need of care is a veteran or the widow of a veteran, he...
Two Steps Forward, One Step Back
The Deficit Reduction Act of 2005 (the "DRA") is a comprehensive federal law that brought many changes to the federal Medicaid Act. In several of my...
Protecting Your Spouse
Long-term care costs a lot of money. A nursing home in this area can cost upwards of $9,000 a month. When one spouse requires nursing home care, the...
Big Win For the Elderly
Last week, the United States Court of Appeals for the Third Circuit, the court immediately below the United States Supreme Court, issued a decision...
Watch Those Beneficiary Designations
Last month, the Supreme Court of the United States decided a case that can serve as a warning to a great many people. The case is entitled Kennedy...
Protecting the Home
If I had to list the most frequently discussed topics that I have with my clients, protecting a house from the ravages of long-term care costs would...
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Recent Posts
Joint Ownership Can Cause Problems
“Should I add one of my children to my bank account?” It is a question I have received on a regular basis from clients for the past twenty plus years. A parent adding one (or more) child’s name to a financial account (bank account, brokerage account, etc.) is...
The New Jersey Exit Tax
There are no assets more important to a person than her home. I meet with clients every day who ask me questions about protecting their homes from one perceived issue or another. In this article, I will address some of the legal issues that affect a person’s home...
Wait … Is This Even Legal?
There are many misconceptions that surround elder law. The defining feature of elder law is Medicaid planning. Medicaid planning is a form of estate plan through which an attorney assists a client in qualifying for Medicaid benefits. Medicaid is a health payment...
Do I Need To List My Assets in My Will?
Does a last will and testament have to list all of your assets? Many of my clients believe that a Will must list all of their assets—who gets the house, who gets this bank account, this stock, etc. A Will is a document that controls the disposition of a person’s...
Probate Is Simple
When a parent dies, her family members need to settle her financial affairs. The need to settle a person’s financial affairs is the source of great angst. Clients come to me wondering how they can make things simpler for their family members after their deaths. ...
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