Will NJ Demand Payment of Inheritance Tax From an Estate if the Beneficiary Only Has a Life Estate?
The short answer is yes. Surprised? Don’t be; it’s taxaholic NJ at it again. Under N.J.S.A. 54:36-1, when a person gives a life estate …
Hire an Appraisal and Auction Firm to Dispose of Estate Personal Property
Recently, a client who has quite a few valuable personal possessions confided she did not want to burden her executor with knowing how to …
When Can a Fiduciary Be Compelled to Produce an Accounting?
Clients often ask how long before he or she can compel an accounting from a fiduciary. NJ has statutes and case law that answers …
NJ Must Abide by its Federally Approved State Medicaid Plan and Make Available Assisted Living and Home-Based Community Assistance Services to Eligible Medicaid Applicants
Under federal law, NJ is allowed to offer expanded Medicaid programs to individuals whose income exceeds the Medicaid income cap. Since NJ proposed to …
Understanding the Doctrine of Probable Intent When a Last Will is Unclear in its Language
N.J.S.A. 3B:3-33.1 delineates the doctrine of probable intent. The statutory focus is to implement “[t]he intention of a testator . . . .” The …
In Guardianship Cases, Payment of Counsel Fees is at the Discretion of the Court
NJ court rules govern payment of counsel fees in guardianship actions. If adult protective services fails to perform their statutory responsibilities, they can be …
Don’t Confuse Testamentary Intent with Testamentary Capacity When Analyzing a Last Will & Testament
When contesting a Last Will, the testamentary capacity of its maker is often disputed. NJ law makes clear the differences between testamentary capacity and …
New Help Line for Caregivers of Adults with Intellectual and Developmental Disabilities
Caregivers Can Call 833-NJ-ADULT (833-652-3858) Daily from 8:30 a.m. to 8 p.m. Human Services Commissioner Sarah Adelman announced a new help line available to …
The Role of the Trustee of a Trust Established Under a Last Will and Testament Following Probate
Statutory and case law requires a trustee to diversify trust assets. Under the Prudent Investor Act, N.J.S.A. 3B:20-11.1 [to] -11.12, “[a] fiduciary shall diversify …
A Sad Story of an Estate Plan Screwed Up Because of a Homemade (Internet Store) Will
A recent inquiry to my office illustrates the risks of a “do it yourself” last will. Here, the person used a common will software …
A County Cannot Impose as a Condition of Approval That You Be Accepted by a Nursing Home or Assisted Living Residence
A person with a disability is entitled under N.J.S.A. 10:71-1.2 to choose the least restrictive environment to live. An individual who qualifies, medically, for …
New Jersey Law Addressing Mandatory Arbitration Clauses in Nursing Home and Assisted Living Admission Agreements
Virtually all admission agreements to a nursing home or assisted living facility mandate that any and all disputes with patients and family members be …
Medicare Now Covers the Cost of COVID At-Home Tests
If you have Medicare, you can now receive up to eight free rapid at-home Covid-19 tests a month at participating pharmacies. The free tests …
An Autistic Adult 50 Years of Age and Living in a Group Home is About to Inherit a Lot of Money: How Can the Family Protect It?
A colleague of mine was involved in a situation involving an autistic adult about 50 years old residing in a group home with a …
What Does the Term “Period of Ineligibility” Mean Under NJ Medicaid Law?
In order to discourage people from disposing of valuable assets and real estate in order to become eligible for Medicaid nursing home services, NJ …
Understanding the NJ Laws That Govern Wrongful Death Claims Filed by the Administrators of an Estate
People often die as the result of an accident or negligence by others. Many times, these victims die without a Last Will. There are …
If You’re Age 17, Sign a Will and Live in Georgia, Will it Be Recognized in New Jersey
A person age 17 and older can sign a Last Will in Georgia, but in New Jersey, you have to be at least 18. …
To Be Appointed Guardian You Must Be Related by Blood or Marriage or Be the Power of Attorney Before Incapacity Strikes
Absent proof of parentage by blood or adoption, NJ law does not permit a party to become the legal guardian of another. In a …
Can a Contingent Beneficiary Demand an Accounting?
Can any trust beneficiary can compel a trustee to account? Does the type of contingency make a difference? While trust beneficiaries generally can seek …
How to Successfully Refute the Legal Presumption that the Survivor of a Joint Account is the Legal Owner Upon Death – Part 2
In our last blog, I discussed how multiple account holders are presumed to be joint account holders with right of survivorship, so if one …
How to Successfully Refute the Legal Presumption that the Survivor of a Joint Account is the Legal Owner Upon Death – Part 1
According to N.J.S.A. §17:16I-5 (a), when there are multiple owners of a bank account, the law presumes the account to be jointly owned amongst …
National Guard and Eligibility for a NJ Veteran’s Home
Veterans are defined under N.J.A.C. § 5A:5-1.2 (the regulation governing veteran’s homes). The definition reads that a veteran is “a person who has been …
Supreme Court Aids Older Workers Alleging Discrimination
Justices place the burden of proof on employers In 2008, I wrote the Supreme Court had further enhanced the ability of older workers to …
Pay All Bills Before the Death of a Special Needs Trust Beneficiary
Sadly, the beneficiary of a Special Needs Trust will be dying soon will necessitate winding up the trust. Payments will be owed to creditors …
You Can Raise Your ABLE Account Contribution an Additional $1,000 Starting January 1 2022
Effective January 1, 2022, the Federal Government has increased the total limit on the annual contributions people with disabilities (or their families) can make …
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. …