NJ has many foreign born parents with minor children If a foreign born parent dies can they appoint a guardian for their children from …
If You Have Kids or Grandkids in College, Either Home or Away, Then Read This Post
Although they still rely on you heavily for support – both emotional and financial – the law considers young persons over the age of …
Do Not Agree to Guarantee Payment to a Nursing Home as a Condition of Admission
Many individuals and families are highly stressed and in crisis when a nursing home placement is necessary Nursing homes often demand that a family …
Appealing Denial of Medicare Coverage
Your hospital admission status is a critical factor for Medicare coverage Medicare says you must be admitted as “Inpatient” rather than as “observation status” …
Objecting to a Lien Filed By the State of New Jersey to Recover Medicaid Payments for Long Term Care
Medicaid Benefits are available to pay for long term care costs for eligible individuals Upon death the state can file a lien against the …
How New Jersey Medicaid Treats Life Insurance
Many people applying for Medicaid own life insurance The type of life insurance the applicant owns determines eligibility This article discusses how to deal …
The Importance of an Emergency Room Classification in Order to be Medicare Covered
Emergency room doctors are agents of Medicare Medicare regulations require you to be admitted to the hospital for expanded benefits This article discusses and …
A Florida Resident’s Friend Who Lives in New Jersey May Not Serve as Personal Representative
With so many individuals moving to Florida, they often ask me about Florida’s elder law issues and questions. One thing unique in Florida is …
Family Members Fight for Right to Visit Ailing Parents and Relatives
Many states are passing laws to allow visitation by close family members regardless of whether a Power of Attorney or Guardian approves of the …
Can a Trustee of a Trust Created Under a Last Will Distribute the Trust Assets Outright to Named Beneficiaries and Then Terminate the Trust
Many people create trusts for beneficiaries in their last will(s) There are circumstances when a trustee needs or wants to terminate the trust This …
The Case of a Handwritten Note Being Admitted to Probate as a Holographic Will
A Recent NJ Case Discusses When a Handwritten Note Can Be Probated as a Last Will Sometimes a handwritten letter or document can be …
Is Suicide Ever Okay?
This blog was written by an elder law colleague of mine, Victoria Collier, Esq., who lives in Georgia. I met Victoria years ago but …
Leaving an IRA to a Loved One? How to Avoid a Tax Bomb
An IRA trust is a terrific way to protect your IRA from wasteful spending by beneficiaries if you die Federal IRA tax laws require …
Selecting The Right Person(s) to Be the Guardian of Your Child(ren)
Deciding who should be the guardian of your kids is a tough decision Close family members are not always the best choice This article …
Can I Give My Dead Father’s Long Time Girlfriend a Gift if She is Not Mentioned in His Will?
NJ imposes an inheritance tax to non-exempt beneficiaries. A girlfriend of a deceased NJ resident is not an exempt beneficiary. How can the estate …
If You Live Together with Your Spouse While Filing For Divorce, Medicaid Counts Both of Your Income
Income of both spouses is counted for Medicaid health coverage and medical payments I recently had a client who filed a fair hearing appeal …
How is a Self-Cancelling Promissory Note Treated in Estate Death Tax Administration?
Understanding What a Self-Cancelling Note Means Under federal law “[t]he value of a gross estate shall include the value of all property to the …
Can the Legal Guardian or Parent of a Minor Child Set Up a Protective Trust?
This article discusses support trusts for minor children when a parent dies. New Jersey has a statute(s) that specifies the provisions that must be …
When Can a Court Award Legal Fees Against an Estate in Connection with Probate Litigation
In probate litigation, it is common for one or all sides to ask for reimbursement of their legal fees and the costs of prosecuting/defending …
There’s Been a Big Change to Special Needs Trust Law: Learn About it Here
Back in the 1990’s, Congress passed a law that contained major changes to the federal Medicaid laws. Included in the law was a provision …
Hey Doc, You Better Report Me to Motor Vehicles or You’ll Get Sued if I Hurt Someone
I read an interesting article written by a personal injury attorney involving a case he settled when a physically and cognitively impaired patient killed …
Who Has Priority to be Appointed Administrator of the Estate of a Deceased Adult, a Parent or the Decedent’s Ex-Spouse or Their Minor Child?
An adult parent dies. It’s tragic. Now his or her estate needs to be probated and administered. The person was divorced at the time …
Are You Really Married in New Jersey If There is a Religious Wedding But No Marriage License?
I recently read a series of posts about the title of this blog post. In all truth, I hadn’t really thought about it or …
Widow in Second Marriage Has Legal Rights to Deceased Spouse’s Estate
A client’s dad was in a second marriage when he died recently. The couple did not have a prenuptial or postnuptial agreement. Dad always …
Distribute Probate Estate Funds Cautiously, But Don’t Be Unreasonable
A client’s father’s estate is in probate. His son is the personal representative. Dad’s will leaves everything to his two sons (brothers) to share …
If You Have a Trust, Do You Also Need a Last Will?
If you have a living trust in place, why would a person need a will? The answer straightforward : You need a last will …
Adult Estranged Child Not Entitled to Anything From Parent’s Estate
A client’s late mother and daughter were estranged for years, but she was still shocked to learn mom cut her out of her …
New Jersey Medicaid Not Repaid From Third Party Trust
Recently, I met with new clients who are grandparents to many grandchildren, one of which is special needs. I was asked if Medicaid will …
Should New Jersey’s Department of Motor Vehicles Be Alerted to An Aging Parent’s Unsafe Driving?
Many clients want to avoid going to the DMV about their parent(s). He or she may be mentally sharp, but their vision is deteriorating. …
Medicaid Gifting Rules and the Annual Federal Gift Tax Exclusion Are Unrelated: Don’t Be Confused!
I’ve written numerous posts about Medicaid gifting and the misconceptions surrounding the annual gift tax exclusion rules. Generally, I’m asked the question whether New …