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 …
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 …
Many states are passing laws to allow visitation by close family members regardless of whether a Power of Attorney or Guardian approves of the …
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 …
A Recent NJ Case Discusses When a Handwritten Note Can Be Probated as a Last Will Sometimes a handwritten letter or document can be …
This blog was written by an elder law colleague of mine, Victoria Collier, Esq., who lives in Georgia. I met Victoria years ago but …
An IRA trust is a terrific way to protect your IRA from wasteful spending by beneficiaries if you die Federal IRA tax laws require …
Deciding who should be the guardian of your kids is a tough decision Close family members are not always the best choice This article …
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 …
Income of both spouses is counted for Medicaid health coverage and medical payments I recently had a client who filed a fair hearing appeal …
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 …
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 …
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 …
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 …
I read an interesting article written by a personal injury attorney involving a case he settled when a physically and cognitively impaired patient killed …
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 …
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 …
A client’s dad was in a second marriage when he died recently. The couple did not have a prenuptial or post-nuptial agreement. Dad always …
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 living trust in place, why would a person need a will? The answer straightforward : You need a last will …
A client’s late mother and daughter were estranged for years, but she was still shocked to learn mom cut her out of her will …
Recently, I met with new clients who are grandparents to many grandchildren, one of which is special needs. I was asked if Medicaid will …
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. …
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 …
Questions about how to go about becoming a parent’s legal guardian are asked every week. Often by siblings who are at odds with other …
Here’s an unfortunate story. Mom is incapacitated. She can no longer serve as trustee of her living trust. As successor trustee, the job has …
It was our pleasure on June 18, 2019 to welcome Ms. Jessica Reyes, Director of the Monmouth/Middlesex County Adult Protective Services, to Hanlon Niemann …
Many banks have strict policies regarding accounts that are subject to probate. They demand that the surrogate court provide “letters testamentary” before they’ll release …
We’ve all heard about a “Do Not Resuscitate Order” (DNR) but probably don’t know (precisely) what it means, or how it applies to …
The State Legislature recently adopted a law entitled “Aid and Dying for the Terminally Ill Act” which will allow a qualified terminally ill patient …
“Portability” (I’ll explain its definition later in the blog) allows the personal representative of an estate to preserve a deceased spouse’s unused federal estate …