In my practice, I draft a lot of deeds for clients’ houses. I am often transferring the client’s house into an irrevocable trust or gifting the...
Eldercare Lawyer Blog
What Does It Cost To Maintain a Trust?
When I draft a trust for a client, which is often, one of the questions I frequently receive from a client is—How much will it cost me or my...
A Long-Used Strategy No Longer Works the Same Way
One of the biggest changes in the area of estate planning just occurred, the death of the stretch IRA and minimum required distribution rules (MRD)...
Should I Try To Avoid Probate in New Jersey?
How do I avoid probate? This is a common question I hear from clients. The answer is, “It depends.” It depends on whether or not the client owns...
The Veblen Effect
As an elder law attorney, I am mindful that there are two, primary impediments to people planning for estate and long-term care...
Why Control Can Be a Good Thing in Planning
Should you control the money you leave your loved one after your death from the grave or not? This is a question that a lot of my clients ask...
The Bloodline Trust
A few years ago, New Jersey enacted its version of the Uniform Trust Code. The trust code is a comprehensive series of laws on the subject of...
Making a Federal Case of It: Update
Several months ago, I wrote a series of articles about various federal lawsuits that I had filed against the state of New Jersey. Like many states,...
Gift Tax: The Mouse That Roared
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...
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....
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Recent Posts
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...
A Trust Can Change How Assets Are Exposed
When it comes to protecting assets, a trust is one of the most commonly discussed tools—but it’s not always as simple as it sounds. Different types of trusts offer different levels of protection, and timing plays a critical role in how effective they are....
Mom’s Journey to the Nursing Home, Part II
The last article I wrote began mom’s journey to the nursing home. Mom had fallen at home and broken her hip. After a brief stay in the hospital in order to have surgery for her broken hip, mom entered a rehabilitation center—also known as a nursing home—to receive...
Mom’s Journey to the Nursing Home
When a parent needs long-term care, there is often a common pattern. Mrs. Smith, aged 85, falls at home and breaks her hip. She is taken to a hospital. At the hospital, she receives surgery for her broken hip. After the surgery, Mrs. Smith receives acute...
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