Hire an Appraisal and Auction Firm to Dispose of Estate Personal Property
Recently, a client who has quite a few valuable personal possessions confided she did not want to burden her executor with knowing how to …
Recently, a client who has quite a few valuable personal possessions confided she did not want to burden her executor with knowing how to …
Clients often ask how long before he or she can compel an accounting from a fiduciary. NJ has statutes and case law that answers …
Under federal law, NJ is allowed to offer expanded Medicaid programs to individuals whose income exceeds the Medicaid income cap. Since NJ proposed to …
N.J.S.A. 3B:3-33.1 delineates the doctrine of probable intent. The statutory focus is to implement “[t]he intention of a testator . . . .” The …
NJ court rules govern payment of counsel fees in guardianship actions. If adult protective services fails to perform their statutory responsibilities, they can be …
When contesting a Last Will, the testamentary capacity of its maker is often disputed. NJ law makes clear the differences between testamentary capacity and …
Caregivers Can Call 833-NJ-ADULT (833-652-3858) Daily from 8:30 a.m. to 8 p.m. Human Services Commissioner Sarah Adelman announced a new help line available to …
Statutory and case law requires a trustee to diversify trust assets. Under the Prudent Investor Act, N.J.S.A. 3B:20-11.1 [to] -11.12, “[a] fiduciary shall diversify …
A recent inquiry to my office illustrates the risks of a “do it yourself” last will. Here, the person used a common will software …
A person with a disability is entitled under N.J.S.A. 10:71-1.2 to choose the least restrictive environment to live. An individual who qualifies, medically, for …
Virtually all admission agreements to a nursing home or assisted living facility mandate that any and all disputes with patients and family members be …
If you have Medicare, you can now receive up to eight free rapid at-home Covid-19 tests a month at participating pharmacies. The free tests …
A colleague of mine was involved in a situation involving an autistic adult about 50 years old residing in a group home with a …
In order to discourage people from disposing of valuable assets and real estate in order to become eligible for Medicaid nursing home services, NJ …
People often die as the result of an accident or negligence by others. Many times, these victims die without a Last Will. There are …
A person age 17 and older can sign a Last Will in Georgia, but in New Jersey, you have to be at least 18. …
Absent proof of parentage by blood or adoption, NJ law does not permit a party to become the legal guardian of another. In a …
Can any trust beneficiary can compel a trustee to account? Does the type of contingency make a difference? While trust beneficiaries generally can seek …
In our last blog, I discussed how multiple account holders are presumed to be joint account holders with right of survivorship, so if one …
According to N.J.S.A. §17:16I-5 (a), when there are multiple owners of a bank account, the law presumes the account to be jointly owned amongst …
Veterans are defined under N.J.A.C. § 5A:5-1.2 (the regulation governing veteran’s homes). The definition reads that a veteran is “a person who has been …
Justices place the burden of proof on employers In 2008, I wrote the Supreme Court had further enhanced the ability of older workers to …
Video: Should You Pay Bills Prior to the Death of a Special Needs Trust Beneficiary? Sadly, the beneficiary of a Special Needs Trust …
Effective January 1, 2022, the Federal Government has increased the total limit on the annual contributions people with disabilities (or their families) can make …
An applicant’s Medicaid application was denied because of bank deposits made 58 months prior to filing. I recently read a post where a Medicaid …
Each applicant for Assisted Living Medicaid has two components, one part is clinical eligibility, the second part is financial eligibility. One way to become …
To understand Assisted Living Medicaid, you have to understand New Jersey Medicaid first. The history is important. New Jersey provides Medicaid long term care …
In order to be eligible for Medicaid long-term care, there are eligibility requirements that must be met. This includes financial (income and assets) eligibility. …
The amount you can gift without filing a tax return is increasing to $16,000 in 2022. The federal estate tax exclusion is increasing to …
If you make a gift within 5 years of applying for Medicaid, you will be penalized. A penalty is a mathematical calculation. The amount …