New Jersey law allows a Court to remove a Trustee for reasons including “….unfitness, unwillingness, or persistent failure of the Trustee to administer the …
Medicaid Renewals
New Jersey’s Division of Medical Assistance gave our community an important update on Medicaid renewals on April 23, 2019. If you received a notification …
On April 23, 2020, New Jersey’s Division of Medical Assistance Provided Guidance for Families Applying for Medicaid for a Loved One
If you are applying for Medicaid for a loved one, and you do not have copies of all of the records Medicaid typically requests- …
NJ Launches New Program for Parents with Children Diagnosed With Autism Spectrum Disorder
New Jersey has launched a new program for families with a child with autism spectrum disorder. The new program allows any family with a …
Court Rejects Fraudulent Transfer Claims Against Former Owner
Plaintiffs filed an appeal dismissing their claim under the NJ Uniform Fraudulent Transfer Act Facts of the Case The evidence of an alleged fraudulent …
Can the Executor and Beneficiaries of an Estate Enter Into an Agreement to Modify the Terms of a Last Will and Testament
An executor and beneficiary may agree to modify and change a signed Last Will or Trust NJ Law requires certain formalities be followed before …
Understanding the Role of the Court Appointed Attorney in a Guardianship Action
In every guardianship case, the court appoints an attorney for the alleged incapacitated person. Their attorney is required by court rule to advocate a …
Supplemental Security Income Recipients Will Receive Automatic COVID-19 Economic Impact Payments
Supplemental Security Income Recipients Will Receive Automatic COVID-19 Economic Impact Payments The Social Security Administration announced today that Supplemental Security Income (SSI) recipients will …
A Medicaid Applicant With Excess Income May Use a Qualified Income Trust (QIT) to Help Qualify for Long Term Care Benefits
• Does Medicaid take all the income? • When families start to think about Medicaid planning for an elderly parent who may need a …
A Guardian is Authorized to Undertake Medicaid Planning Under New Jersey Law
• Protecting the real and personal property of an incapacitated person by applying for Medicaid is legally permissible in NJ • New Jersey court …
Your office has been great, even during COVID-19!
I can’t thank you enough for being so efficient. Your office, in this crazy time with everyone working from home, has been great! Thanks …
NJ Supreme Court Dramatically Relaxes its Rules on Guardianships. Get the Details Here.
Notice to the Bar – Guardianships of Adult Incapacitated Persons – Supreme Court Relaxation of Rule 4:86 During COVID-19 Crisis The Supreme Court has approved …
Our dream team of lawyers went above and beyond our expectations!
Contesting a will for Undue Influence is a very complicated endeavor. Our dream team of lawyers, Fred Niemann, Christopher Hanlon, and Christopher Balioni, along …
Adjusting the Homestead Refund Check After Closing: How to Do It
A client called our office after the sale of his home. Middletown Township apparently deducted the homestead rebate paid by the seller from the …
Understanding How the Courts in New Jersey Go About Interpreting a Disputed Last Will
When litigation is filed requesting an interpretation of a last will or a provision within a will, a party must realize that this type …
A SNT Can Now Fund an ABLE Account
An ABLE account with a balance of $100,000 or less does not affect a disabled person’s eligibility for SSI. In NJ, Medicaid eligibility remains …
No Drugs on This Property
I read an interesting post recently involving drugs and the sale of an ordinary single-family home. The Buyer’s title company had a very, very …
A Big Breakthrough for Trustees of a Special Needs Trust with the Addition of Administrator-Managed Prepaid Cards
Overview of Administrator-Managed Prepaid Cards Historically, SNT trustees were limited to how methods of payment could be made for SNT disbursements without violating SSA …
Above and beyond expectations
Excellent service they went above and beyond expectations to get my real estate deal closed. Joe Ditchkus
Objecting to a Lien Filed by the State of New Jersey to Recover Medicaid Payments
You can challenge and dispute the right of New Jersey to file a lien against an estate This article discusses how to appeal an …
Will I Lose My Section 8 Housing or Medicaid If I Create a Special Needs Trust?
Many people qualify for section 8 housing financial assistance and Medicaid Creation of a special needs trust will preserve these public benefits without a …
SNT’s Can Now Pay Third-Party Travel Expenses to Enable Individuals to Accompany a Trust Beneficiary
SSA’s prior policy regarding SNT payment of travel expenses to enable third parties to accompany the beneficiary was extremely restrictive. Although an SNT trustee …
Do You Know the New Rule Governing Allowance of Payments of Companion Services and Caregiving Expenses for SNT Beneficiaries?
The Social Security Administration (SSA) has long had issues with Special Needs Trusts (SNTs) that include provisions for paying for companion care services and …
I would highly recommend Mr Niemann and his team
The law firm was also on top of the issues surrounding my mothers Medicaid refining. For anyone that has gone through this it takes …
Dealing with Income Under New Federal Rules Governing Special Needs Trusts
For decades, a Special Needs Trust (SNT) has been the primary planning tool to protect persons with disabilities. Funds held in an SNT are …
WOW how thankful I am to have them on my side
I never thought I’d be saying this about a lawyer & paralegal team but WOW how thankful I am to have them on my …
Wow, Fred knows his stuff
I recently met with Fred for a number of difficult legal issues. Wow, he knows his stuff. Got a lot of good advice and …
Do You Know About the Changes in Federal Law Governing Special Needs Trusts (SNT)?
For decades, a Special Needs Trust (SNT) has been the primary planning tool to protect persons with disabilities. Funds held in an SNT are …
I recommend them highly and I will certainly engage them again for my future needs!
When my mother was stricken with dementia and needed a round-the-clock care facility, I had an urgent need to uncover and untangle decades of …
Appealing Termination of Benefits and Coverage By Medicare: What Can You Do?
Termination of Medicare coverage can be appealed The Medicare appeal process is complicated and complex This article discusses in detail the Medicare appeal process …