State and federal law generally requires that all payments from a trust exclusively benefit the disabled person. Disbursements made from a Special Needs Trust …
If the Federal Estate Tax Exemption is Reduced in the Future, Will Your Estate Be Penalized?
Today the Federal Estate death tax exemption is very high. Only the very wealthy are subject to federal death taxes. The law may change …
Elder Abuse by the Intentional Infliction of Emotional Distress
New Jersey has laws that allow a spouse to bring legal action against those who remove their spouse from New Jersey. What can be …
The Importance of Having a Medicare Supplement Insurance Plan
Medicare pays for hospital and doctor costs for persons over age 65 Not all medical costs are covered by Medicare This article discusses Medicare …
Future Possible Nursing Home Costs Concern an Older Couple Who Wants to Get Married
Getting married to an aged and sick person may lead to financial ruin. Medicare treats the savings of both spouses as jointly owned. A …
Savings for Individuals with Disabilities
One of the most frequent questions I get from a family with a family member with a disability is, can they have savings, and …
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Contesting a Will for Undue Influence is a very complicated endeavor. Our dream team of lawyers, Fred Niemann, Christopher Hanlon, and Christopher Balioni, along …
We feel confident that Fred will be able to help us
Fred took our needs very seriously and worked quickly so that we would have all the pertinent documents in place. Your staff willingly spent …
Social Security Appeals During COVID-19
In order for someone with a disability to receive services from the Division of Developmental Disabilities, they have to be eligible for Medicaid. The …
Spousal Refusal; A Powerful Weapon to Obtain Medicaid Long-Term Care Approval
Married couples are required to provide five (5) years worth of financial information to obtain approval for Medicaid when long term care is necessary. …
You’re Dead; Who Has Access to Your Safe Deposit Box?
Banks in New Jersey have a policy regarding access to a safe deposit box upon the death of the owner Knowing your Bank’s policy …
You Can Beat a County Board of Social Services When They Deny Your Medicaid Application
When an application for Medicaid long-term care is denied, you have a statutory right to appeal. Beating a Denial of Medicaid Long Term Care …
A Judgment Against an Estate Receives No Priority Under New Jersey Law
Judgments entered against a decedent have priority under New Jersey probate and estate administration laws. However, if the decedent dies before a judgment has …
Stimulus Payments and Medicaid
One of the biggest questions families with a family member who has Medicaid have asked me is if they can get a stimulus check, …
Accessing Special Needs Trust Funds for Respite Care
Special Needs Trusts are a kind of trust designed to preserve assets for a person with a disability, while making it possible for them …
Guardianship in the Time of COVID-19: FAQ for Guardians and Others
I received this email today and thought it would be an excellent post on our website for everyone who is serving as a guardian …
Arbitration Agreements in Long-Term Care Facilities – Part 2
In our last blog, I discussed the requirements that the Centers for Medicare and Medicaid Services (CMS) placed on long term care facilities that …
If You Get SSI or Social Security, You Still Get a Stimulus Check
The Social Security Administration recently provided guidance on Economic Impact payment. If your family member receives SSI, and receives a stimulus payment, the Social …
Remote Notary Act Memo
Recently, New Jersey law changed to allow attorneys and notaries to notarize documents over video conference. This is important for business owners who need …
Uncharted Waters: Medicaid Appeals During the COVI-19 Outbreak
New Jersey’s Division of Medical Assistance issued a notice on April 23, 2020, invoking a federal law which lets it delay the processing of …
Support Person Permitted to Accompany a Person with a Disability Who Needs be Hospitalized
On April 25, 2020, the Commissioner of the Department of Health issued a very important memorandum to New Jersey Hospitals. It is important because …
Protecting Your Family Members During COVID-19
People with disabilities have been disproportionately affected by COVID-19. Group homes, nursing homes, assisted living facilities, and state psychiatric facilities will not allow visitors. …
To POLST or Not to POLST? Your Answer May Kill You!
POLSTS are simple forms which can help patients express their wishes in the event they cannot express them for themselves. A “POLST” is a …
Medicaid Denials During the COVID-19 Outbreak
New Jersey’s division of medical assistance has shifted its office’s focus to processing new Medicaid applications right now. That is good if you need …
Supplemental Security Income and Stimulus Payments
The Social Security Administration has announced that all individuals who receive Supplemental Security Income (“SSI”) will receive an Economic Impact Payment from the Treasury …
Arbitration Agreements in Long-Term Care Facilities- Part 1
In addition to various provisions within a nursing home or assisted living admission agreement, arbitration provisions have come under scrutiny by federal and state …
Guardianship Proceedings in the Time of COVID-19
Families about to apply for legal guardianship are under a lot of stress. COVID-19 has amplified the stress they may face. If you were …
Emergency Psychiatric Services Available for New Jersey Residents During Emergency COVID-19 Lockdown
This week, New Jersey extended an important part of the way we provide services for people with disabilities. During the COVID-19 emergency, New Jersey …
Trustee of a Revocable Trust Has Legal Obligations to Trust Beneficiaries
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 …