Is a SPIA appropriate for the Medicaid planning you may need? There are requirements that an annuity has to meet for use in the …
Is an Income Producing Property Exempt from Spenddown Under NJ Medicaid?
I was recently asked to evaluate whether income producing real estate is exempt from spend-down under NJ Medicaid. Federal law sets forth a mechanism …
The Importance of Discovery in a Fair Hearing Appeal Under NJ Medicaid Law
We represent a petitioner before the Office of Administrative Law. She was denied Medicaid. After filing our appeal, we served discovery demands upon the …
After the Wedding Bells Have Rung Again, Update your Estate Plan
It is surprising how often we hear of situations in which a person passed away unexpectedly or had a catastrophic accident or stoke, and …
Is There Any Time Limit(s) for a Beneficiary to File Legal Action Against the Executor of an Estate?
There is no statute of limitations on a claim against a fiduciary by an estate beneficiary. If no release and refunding bond is filed …
If You Qualify for SSI, You Also Qualify for NJ FamilyCare
Once you qualify for Supplemental Security Income (SSI), you are then eligible for NJ FamilyCare Medicaid. However, there are some rules to keep in …
Veteran’s Pension Planning for Long Term Care Costs Under the New Department of Veterans Affairs Regulations
The Department of Veteran’s Affairs (VA) adopted regulations concerning eligibility for Veteran’s Benefits to help pay for long term care costs. There are many …
Understanding Ancillary Probate in New Jersey and How it Works
Here’s a Helpful Article on How to Legally Transfer Real Estate Located in New Jersey Which is Owned by a Non-Resident Decedent’s Estate Ancillary …
Can I Control What Happens to My Corpse After My Passing?
While working on health care directives, I have had clients ask me about leaving special instructions for their loved ones on what they can …
Special Needs Trust, IRAs, and Child Support; How They Can All Work Together
IRA and a Special Needs Trust An individual retirement account or Inherited IRA can be owned by a person with a disability and also …
Another Dead Body Goes to Court
As I have previously written, NJ law allows individuals to make their own funeral and/or burial arrangements in a will, or designate a personal …
Who Has Standing to File a Guardianship Action?
The general rule (actually, it’s the law) is that a person who seeks to become a guardian for someone must have legal standing, meaning …
Child Support Can Be Placed in a Special Needs Trust to Preserve Government Benefits
Child support can be directed to a first party special needs trust, if one exists. Child support cannot go into a third party special …
You Can’t Wait 8 Years After a Person’s Death and Then Decide to Sue an Estate Executor
Families often fall apart when a parent dies and the kids start dividing up the estate. Sometimes even after the estate is concluded, one …
I Quit! I Refuse to Continue to Be Your Power of Attorney
You’ve heard of buyer’s remorse. What seemed like no big deal becomes more than expected and so the Power of Attorney gives up and …
If You Are Disinherited by Your Dead Parent’s Second Spouse, What Legal Action Can You Take?
Biological children are often disinherited by their deceased parent’s second spouse. The second spouse changes his/her Will and they leave it to their children/family …
A Spouse Can Waive Inheritance Rights to Their Spouse’s Estate and It’s Enforceable Against NJ Medicaid
New Jersey law entitles a surviving spouse to receive an elective share of one-third of his/her deceased spouse’s estate. N.J.S.A. 313:8-1-11. A “surviving spouse …
You Don’t Lose Your Status as a Partner if You Assign Your Partnership Interest to Your Revocable Trust
Four dentists formed a partnership to acquire and maintain a dental office building. The then-partners amended their agreement to allow one of the partners …
Suicide Is No Defense to the Enforcement of a Marital Property Settlement Agreement
The NJ Supreme Court recently considered a case of whether a decedent breached his Marital Settlement Agreement (MSA) with his spouse by committing suicide …
Costs of Airfare to Attend a Funeral Are Not Permissible Deductions on a New Jersey Income Tax Return
New Jersey has regulations on permissible deductions from inheritance taxes. These permissible deductions are set forth in the State’s Administration Code. Not all estate …
What is NJ FamilyCare for Persons Over Age 65?
NJ FamilyCare programs cover individuals who are age 65 years or older as well as individuals determined by the Social Security Administration or by …
Hey, Mr. Executor, Know Your Role
If you have been named as an estate representative, knowing your responsibilities is very important. The following article is a general introduction to your …
What if I Can’t Find the Original Will?
NJ Estate and Probate laws allow for a copy of a Will to be probated under limited situations This article discusses how to probate …
Does an Inherited IRA Have Creditor Protection Status Under NJ Law
In some states creditors can seize an Inherited IRA The IRS and Bankruptcy Court(s) can also seize an Inherited IRA This article discusses inherited …
A Dead Man’s Estate Can Appeal Denial of Medicaid Long Term Care Benefits
Federal and NJ laws and regulations allow an applicant to appeal denial of Medicaid nursing home and assisted living benefits. A fair hearing appeal …
An Executor or an Estate Administrator Has Significant Discretion When Probating an Estate
Executors and Administrators of an Estate have significant discretion in the probate of an Estate under New Jersey Law. This article addresses important principles …
Taxation of Special Needs Trust Made Simple(er)
This article discusses basic tax principles of a Special Needs Trust; hereafter referred to at times as a SNT. Each Type of Special Needs …
Married But Living With a Same Sex Domestic Partner – Who Has Priority to be the Administrator of an Estate When There is No Last Will and Testament?
NJ statutes define who is entitled to be appointed the Administrator of an estate where there is no Last Will. Generally, the family members …
Dealing with the New Jersey Inheritance Tax and an IRA Account
Overview of the Legal Issue(s) Involving IRA’s and the New Jersey Inheritance Tax A distant family member dies and leaves a sizeable IRA to …
Dealing With the Obnoxious New Jersey Inheritance Tax Waiver and When It Can Be Avoided
While New Jersey did away with its estate death tax in 2018, it still has an inheritance tax, although the number of estates that …