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 …
When Should I Be Looking to Do an Estate Plan?
When you die, you will leave an estate. Your estate is comprised of everything you owned, saved and accumulated during your life. It is …
Is an Inherited IRA Protected from Bankruptcy and Creditors?
New Jersey has fraudulent transfer laws that prevent property “made in trust” for a debtor to be available to creditors to satisfy their debts. …
Understanding the First Steps in Filing a Medicaid Application for Home-Based Services
A client came to me contemplating applying for Medicaid for services at home. There were two issues needing attention. The first issue was financial. …
How to Appeal a Medicaid Lien Filed by the State of NJ
As part of the Medicaid program, federal law dictates that a State Medicaid plan is required to seek “adjustment or recovery from the individual’s …
All Individuals with Intellectual or Developmental Disabilities Over the Age of 16 Will Be Eligible to Receive a COVID-19 Vaccination Soon
Gov. Murphy announced that individuals with an intellectual or developmental disabilities over the age of 16 will be eligible to receive a COVID-19 vaccination …
New Jersey Family Care: Federal Government Agency and New Jersey Agency Together Extend Time for Families to File Appeals
For many New Jersey families, COVID-19 has made it impossible for them to keep their health insurance. That means more people and families than …
Is it Possible to Overturn a Will During the Testator’s Lifetime?
What if someone makes a Will without being of ‘sound mind’? Can a court decide for someone that their Will is not in their …
How Can Beneficiaries Find Out if an Executor is Being Honest?
What is an estate accounting and who can request one? Why doesn’t every estate have a formal accounting? The Executor (or Executrix) of an …