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 …
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 …
While working on health care directives, I have had clients ask me about leaving special instructions for their loved ones on what they can …
IRA and a Special Needs Trust An individual retirement account or Inherited IRA can be owned by a person with a disability and also …
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 …
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 directed to a first party special needs trust, if one exists. Child support cannot go into a third party special …
Families often fall apart when a parent dies and the kids start dividing up the estate. Sometimes even after the estate is concluded, one …
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 …
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 …
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 …
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 …
The NJ Supreme Court recently considered a case of whether a decedent breached his Marital Settlement Agreement (MSA) with his spouse by committing suicide …
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 …
NJ FamilyCare programs cover individuals who are age 65 years or older as well as individuals determined by the Social Security Administration or by …
If you have been named as an estate representative, knowing your responsibilities is very important. The following article is a general introduction to your …
NJ Estate and Probate laws allow for a copy of a Will to be probated under limited situations This article discusses how to probate …
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 …
Federal and NJ laws and regulations allow an applicant to appeal denial of Medicaid nursing home and assisted living benefits. A fair hearing appeal …
Executors and Administrators of an Estate have significant discretion in the probate of an Estate under New Jersey Law. This article addresses important principles …
This article discusses basic tax principles of a Special Needs Trust; hereafter referred to at times as a SNT. Each Type of Special Needs …
NJ statutes define who is entitled to be appointed the Administrator of an estate where there is no Last Will. Generally, the family members …
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 …
While New Jersey did away with its estate death tax in 2018, it still has an inheritance tax, although the number of estates that …
If an estate has debts greater than the value of Estate assets, cash, etc., the estate is known as insolvent. Insolvent Estates create competing …
New Jersey and Federal Law requires that spouses of Medicaid applicants provide five (5) years of information to obtain Medicaid eligibility. Not all spouses …
Consider making a gift to a minor by way of the Uniform Transfer to Minors Act or the Uniform Gift to Minors Act instead …
Creating a trust limits the ability of beneficiaries to squander trust assets and income. If you have a son-in-law or daughter-in-law who is reckless …
Introduction The Achieving a Better Life Experience (ABLE) Act enables independence and self-reliance for persons with disabilities. The Act allows the creation of an …
A Revocable Trust is a popular estate planning tool. Some people think that creation of a Revocable Trust creates complexity under the tax code. …
