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 …
Federal Government Agency Announces Support for Indoor Visitation to Nursing Home Residents
For many families, restrictions on visits to their loved ones who live in assisted living facilities and nursing homes has been devastating. Today, the …
If You’re Going to Loan Money to a Parent, Do a Promissory Note and Keep Good Records
Older persons often have their liquid assets tied up in real estate, mutual funds and annuities. They cannot gain access to these funds quickly …
What Rights Do Estate Beneficiaries Have in Dealing With an Executor?
The Will says one thing but the Executor is doing something else! Can the Executor collect a fee for ‘doing nothing’? The title “Executor” …
What Does “Undue Influence” Mean in Challenging a Will?
How can a court determine if a testator was unduly influenced? If you help someone prepare their Will, does it become invalid? Undue Influence …
Naming a Guardian in a Will
It is a good idea when drafting a last will and testament that you put language in there appointing a guardian for your minor …
Guidelines on Preparing and Presenting a Medicaid Fair Hearing at the NJ Office of Administrative Law
A Medicaid Fair Hearing is a legal challenge to a decision by a County Board of Social Services (CBOSS) concerning any issue related to …
Fighting for Discharge After Voluntary Commitment
If you or a loved one has been diagnosed with a psychiatric illness, this is a particularly difficult time. People are going into crisis …
Kinship Legal Guardianship: You Can Get Financial Aid in NJ to Care for Your Grandchildren and Sister’s Kids
New Jersey has a program that provides financial help to individuals caring for their grandchildren, nieces, nephews, or other children. It is called the …
COVID Vaccinations
Today, New Jersey announced that certain individuals under the age of 64 will be eligible for a COVID-19 vaccination soon. This news is a …
Understanding Medicaid Eligibility for Assisted Living Admission
To understand Assisted Living Medicaid, you must understand New Jersey’s Medicaid laws. You also need to understand the Medicaid history concerning assisted living admission …
If You Use a Financial Planner, Read This Post
Many financial planners are members of the Certified Financial Planner Board of Standards (CFP). The CFP Board is the professional body for financial planners. …
How Elder Law Attorneys Are Modernizing Laws to Combat Elder Financial Exploitation
Elder exploitation, also known as financial abuse, is a widespread problem in the United States. Elder exploitation includes everything from an adult child taking …
Consider Alternative Care Facilities for an Aging Adult Besides an Assisted Living or Nursing Home
When considering options for long term care in a facility setting, most people know about assisted living facilities and nursing homes. There are, however, …
Can a Nursing Home, Assisted Living Resident Refuse the COVID Vaccine?
Vaccines are always controversial. For many of us, we view our right to receive a vaccine – or refuse it – to be similar …
How to Gain Access to a Safe Deposit Box Upon the Death of a Person
By Fredrick P. Niemann, Esq.