Understanding the Medicaid 5 Year Look-Back Period
An applicant’s Medicaid application was denied because of bank deposits made 58 months prior to filing. I recently read a post where a Medicaid …
Understanding Eligibility for an Assisted Living Residence Under NJ Medicaid – Part of 2
Each applicant for Assisted Living Medicaid has two components, one part is clinical eligibility, the second part is financial eligibility. One way to become …
Understanding Eligibility for an Assisted Living Residence Under NJ Medicaid – Part 1 of 2
To understand Assisted Living Medicaid, you have to understand New Jersey Medicaid first. The history is important. New Jersey provides Medicaid long term care …
Are Evictions from Assisted Living Facilities and Nursing Homes Now Permitted in NJ?
New Jersey’s Governor signed a new law on evictions during the COVID-19 emergency. For many of our clients whose family members live in long …
Using a Single Premium Immediate Annuity in Medicaid Planning (SPIA)
In order to be eligible for Medicaid long-term care, there are eligibility requirements that must be met. This includes financial (income and assets) eligibility. …
Annual Gifting Limits Raised to Reduce Potential Estate Death in 2022
The amount you can gift without filing a tax return is increasing to $16,000 in 2022. The federal estate tax exclusion is increasing to …
Understanding Penalties Under NJ Medicaid Law
If you make a gift within 5 years of applying for Medicaid, you will be penalized. A penalty is a mathematical calculation. The amount …
What Makes a Will Valid and Legitimate?
In New Jersey, what are the legal requirements for making a Will? What happens if a Will does not meet every requirement? What is …
How to Deal with Banks and Brokerage Firms When Using a Power of Attorney
Banks are a pain in the *&s! when it comes to using a Power of Attorney. If an employee of the bank reviews the …
How the SECURE Act Changes Inherited IRA Planning
Federal tax laws which allowed retirement accounts to remain tax deferred by allowing certain beneficiaries to delay the withdrawal of account funds over their …
Understand and Learn Several Uncommon Remedies to Fight Elder Financial Abuse
What can I do if I suspect elder financial abuse but am not sure? What will happen to the person committing the abuse? New …
It’s Medicare Open Enrollment Time: Is Your Plan Still Working for You?
Every year Medicare gives beneficiaries a window of opportunity to shop around and determine if their current Medicare plan is still the best one …
Estate Creditors and Making Claims Against the Probate Estate
One of the unique aspects of estate administration in New Jersey is how “hands-off” it is compared to other states. An executor or administrator …
If Someone Dies Immediately Before Signing a Will, Can it Be Salvaged?
Can a copy be treated as an original if the original is lost? Is a Will signed electronically during quarantine valid? Traditionally, a deceased …
NJ Supreme Court Adds Yet Another Requirement to Becoming a Guardian
A guardianship is a legal proceeding filed in court where you ask a judge to appoint a guardian for an incapacitated adult. NJ court …
Contracts to Make or Revoke a Will – Preserving Your Estate Plan
Many of our couples who seek estate planning execute “sweetheart wills.” That is, each executes a will stating that upon the death of the …
Planning for The Resumption of Normal State Medicaid – Part 3 of a 3 Part Blog
Post-COVID Eligibility and Enrollment Plans The CMS is requiring that each state, including NJ, develop a “post-COVID eligibility and enrollment plan” to explain how …
Planning for The Resumption of Normal State Medicaid – Part 2 of a 3 Part Blog
Processing Applications & Verifications The outbreak of the COVID-19 pandemic led the Secretary of the Health and Human Services (HHS) to declare a …
Planning for The Resumption of Normal State Medicaid – Part 1 of a 3 Part Blog
The outbreak of the COVID-19 pandemic led the Secretary of the Health and Human Services (HHS) to declare a Public Health Emergency (PHE). To …
An Expert Medical Opinion is Required to Order an Involuntary Commitment
Recently, a NJ court entered a temporary order for the involuntary commitment of a young mother for inpatient treatment. A legal hearing to review …
Can You Receive Any Services and Benefits from Medicaid During a Penalty Period?
Gifts made within 5 years of applying for Medicaid will result in a penalty to the applicant equal to the value of the gift. …
Medicare Scams
There is a new Medicare telephone scam. Scammers are calling, and identifying themselves as from Medicare. Then, they are asking for Medicare numbers and …
Gift Taxes vs. Inheritance Taxes: Which is Worse?
Generally, there is no income tax imposed upon assets beneficiaries inherit. However, when they later sell inherited assets, (i.e., appreciated securities and real estate), …
New Jersey Adopts Final Remote Notary Law
In 2020, New Jersey’s government recognized for the first time that sometimes, you need a notary- and you need one who can witness electronically. …
Involuntary Civil Commitments Must Follow the Law
In a recent NJ Appellate Division case, the court found that a trial judge made a mistake by refusing to vacate a civil commitment …
Inheritance Tax – Who Should Pay?
One of the biggest questions to tackle in formulating an estate plan is the payment of any estate and inheritance taxes. Should the estate …
Income Derived from Personal Businesses Must Be Counted for Eligibility for Benefits
When applying for welfare through a county’s Board of Social Services, whether it’s Medicaid or SNAP benefits, you are required to provide to the …
Understanding Medicare and Your Right to Rehab and Therapy in a Skilled Nursing Center
In 2013, a federal district court approved a settlement agreement in a landmark case named Jimmo v. Sebelius. The Jimmo Settlement confirmed that Medicare …
Dealing with a Mistake on a Death Certificate When Estate Probate is Required
A client’s father died while visiting his daughter in upstate NY. The father was a resident of Bergen County, NJ. NY issued a NY …
Federal Government Reinstates Restrictions on Nursing Homes to Discharge Residents and Relocate Them Within Facility Under Covid
When the COVID-19 emergency began, the Centers for Medicare and Medicaid, the federal agency which controls the administration of long term care facilities, issued …