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 …
Can a Person Enter into a Contract to Make a Will Under New Jersey Law?
In New Jersey, drafting a Last Will is guided by statutory requirements and judicial precedent. One aspect of estate planning in New Jersey allows …
Medicaid Approves Both the Transfer of Parents Home to a Caregiving Child and Long-Term Care Benefits to the Parent
NJ has gotten really tough on approving transfers of a parent’s home to a child who provided care to their parent to avoid nursing …
Claiming to Be a Victim of Discrimination Isn’t Enough to Win an Employment Discrimination Case
I notice that many employees (actually they are now former employees when they bring their lawsuit) allege a violation of the New Jersey Law …
A Former Employer Cannot Claim “Specialized Knowledge Gained on the Job” to Stop an Employee from Leaving
One of the nation’s largest home building companies applied to court for injunctive relief to prevent one of his former employees from misappropriating alleged …
When Can Beneficiaries Demand That Legal Fees and Costs Be Assessed Against an Executor?
Here’s an interesting case I recently read about. The case involved an executor who did a lousy job being the executor of an estate. …
How to Get into a Nursing Home When Medicaid is Needed ASAP
Getting into a nursing home as a Medicaid recipient is not always easy. With the median cost of a nursing home room being more …
Trusts as Members of NJ LLCs
This blog discusses whether a trust can be a member of a NJ LLC and addresses a few interesting questions about how a trust …
Learn About the Interstate Compact That Governs Runaways and Juvenile Delinquents from NJ
Kids run away from home all the time. As a parent, guardian or custodial agent, what can be done to bring them home? This …
Understanding What Frivolous Litigation Means
The frivolous litigation statute, N.J.S.A. 2A:15-59.1, authorize sanctions including reasonable attorney fees, and costs, against any party to a probate lawsuit. A case is …
Custody of a Minor Child Goes to a Surviving Parent Upon the Death of Parent Having Custody
In the case of the death of a parent having custody of a minor child(ren), the care and custody of minor children does not …
How is a Resource Valued to Determine Medicaid Eligibility?
In this State, in order to qualify for Medicaid benefits, an applicant’s resources cannot exceed $2000. N.J.A.C. 10:71-4.5(c). Resources are defined as: any real …
I Refuse to Give Up My Savings to Pay My Husband’s Nursing Home Bill
Understanding What Spousal Refusal Means Under Medicaid Law Spousal refusal is recognized under federal law. See 42 S.C. § 1396r-5(c)(3). It applies specifically in …
Protect Your 401k or IRA from NJ Medicaid
Under the federal regulations for Social Security Income (SSI) eligibility, the 401k’s of a spouse living with the applicant are specifically excluded resources. See …
Is There Legal Liability When an Incapacitated Person Signs a Contract?
• A contract signed by an incapacitated person is generally voidable by the incapacitated party, meaning they can terminate it at any reasonable time …
Will Too Much Trustee Discretion Invalidate a Special Needs Trust?
Here’s a recent client case I addressed involving a supplemental needs trust. A disabled daughter had been receiving SSI and Medicaid for about 10 …
What to Do When You Inherit a Nonqualified Commercial Annuity
• As a beneficiary of a nonqualified annuity, you have options to choose from when an annuity is passed on to you. Clients who …
The Small Claims Court to Collect Past Due Rent and Damages to Your Property by a Tenant
When a tenant stiffs you for unpaid rent or fails to pay for damages done to your property, many landlords are unfamiliar with the …
Here’s a Quick Summary of NJ Waiver Requirements Before the Transfer of a Decedent’s Property
The New Jersey Transfer Inheritance Tax is a lien on all property owned by a decedent as of the date of his/her death for …
Are Doctors, Psychologists, and Accountants Subject to a Restrictive Agreement Not to Compete?
Restrictive agreements of physicians are still enforceable. The Supreme Court found nothing in the nature of the medical profession requiring exemption from the general …
Is an IRA or 401(k) Exempt from a Spousal Elective Share Claim?
I’ve written a lot about the elective share rights of a surviving spouse when he or she is omitted from the will of his/her …
Access Ramps: Who Must Pay for Them Under the Fair Housing Act
The construction of a ramp to access a building is a modification under the Fair Housing Act and therefore will be paid for by …
Here’s an Overview of Medicare Health Insurance
Medicare is a federal program of health insurance. Medicare pays for acute illness but it is not a program designed to provide benefits for …
Just How Far Can a Guardian Go in Making Health Care Decisions?
Guardianship is an import tool for protecting incapacitated adults who are unable to care for themselves. One role of the guardian is to make …
How to Pursue Legal Claims in an Estate Administration
We recently received a call from a personal injury attorney in need of help. The attorney had pursued a wrongful death claim on behalf …
The Importance of Having a Premarital Agreement
A Premarital Agreement is a legal contract that outlines how a couple’s assets and debts will be divided in the event of divorce or …
Can You Still Win a Probate Case When the Original Will is Lost or Destroyed? Part 2 of a 2 Part Series
Proving That the Destruction of a Will Was Not Done by the Deceased In Part 1 of this blog, I discussed how to prove …
Can You Still Win a Probate Case When the Original Will is Lost or Destroyed? Part 1 of a 2 Part Series
In the case of a lost or destroyed will, “the burden of proof is upon the proponent” to show, with clear and convincing evidence,” …
Alzheimer’s Disease and Eligibility for Medicare Hospice Acceptance
Shout out to our friends at Affinity Hospice & Palliative Care for a very good post about being eligible for Medicare Hospice care in …
Are Evictions from Assisted Living Facilities and Nursing Homes Now Permitted in NJ?
New Jersey’s Governor signed a new law on evictions during the COVID-19 emergency. For many of our clients whose family members live in long …