When litigation is filed requesting an interpretation of a last will or a provision within a will, a party must realize that this type …
A SNT Can Now Fund an ABLE Account
An ABLE account with a balance of $100,000 or less does not affect a disabled person’s eligibility for SSI. In NJ, Medicaid eligibility remains …
A Big Breakthrough for Trustees of a Special Needs Trust with the Addition of Administrator-Managed Prepaid Cards
Overview of Administrator-Managed Prepaid Cards Historically, SNT trustees were limited to how methods of payment could be made for SNT disbursements without violating SSA …
Objecting to a Lien Filed by the State of New Jersey to Recover Medicaid Payments
You can challenge and dispute the right of New Jersey to file a lien against an estate This article discusses how to appeal an …
Will I Lose My Section 8 Housing or Medicaid If I Create a Special Needs Trust?
Many people qualify for section 8 housing financial assistance and Medicaid Creation of a special needs trust will preserve these public benefits without a …
SNT’s Can Now Pay Third-Party Travel Expenses to Enable Individuals to Accompany a Trust Beneficiary
SSA’s prior policy regarding SNT payment of travel expenses to enable third parties to accompany the beneficiary was extremely restrictive. Although an SNT trustee …
Do You Know the New Rule Governing Allowance of Payments of Companion Services and Caregiving Expenses for SNT Beneficiaries?
The Social Security Administration (SSA) has long had issues with Special Needs Trusts (SNTs) that include provisions for paying for companion care services and …
Dealing with Income Under New Federal Rules Governing Special Needs Trusts
For decades, a Special Needs Trust (SNT) has been the primary planning tool to protect persons with disabilities. Funds held in an SNT are …
Do You Know About the Changes in Federal Law Governing Special Needs Trusts (SNT)?
For decades, a Special Needs Trust (SNT) has been the primary planning tool to protect persons with disabilities. Funds held in an SNT are …
Appealing Termination of Benefits and Coverage By Medicare: What Can You Do?
Termination of Medicare coverage can be appealed The Medicare appeal process is complicated and complex This article discusses in detail the Medicare appeal process …
If New Jersey Does Not Give You Clear Reasons Why They Denied Your Medicaid Application, Then Appeal… and Win
Denial of Medicaid eligibility for long term care can be successfully appealed The state in its notice of denial must give you the statutory …
Guardianship of Young Children in Your Last Will When You’re Foreign Born and No Family Members Live in the US
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 …