Buy-Out of Business Partner With Life Insurance Results in Massive Income Tax Hit From IRS
A recent U.S. Supreme Court decision in Connelly v. United States disputes a common succession strategy for many closely owned businesses with more than …
Read About the Inflation Reduction Act Prescription Drug Provisions
Did you know about recent Medicare changes? The Inflation Reduction Act (IRA) under Medicare, makes a number of changes to the Part D prescription …
Some Calls Are More Important Than Others
Everyone is talking about the recent NFL football draft. As for me, I’m tired of the commentary about the draft. I want to hear …
What Is a Preliminary Injunction and How Is It Obtained in Court?
In litigation, unless a plaintiff meets its initial burden of proof a preliminary injunction must be denied. Let’s first discuss the legal definition …
The Caregiver Child Exemption Allows the Transfer of Home Ownership to the Child Providing Substantial Care
In determining Medicaid eligibility for someone seeking institutionalized benefits, counties must review five years of financial history. Under the regulations, “[I]f an individual . …
NJ Medicaid Changes How it Calculates Penalty Periods
NJ Medicaid has a formula on how they calculate penalties for gifts made within 5 years below. Click here to see the State’s official …
Can I Control What Happens to my Corpse After my Passing?
While working on health care directives, I have had clients ask me about leaving special instructions for their loved ones on what they can …
An Expert Medical Opinion is Required to Order an Involuntary Commitment
Recently, a NJ court entered a temporary order for the involuntary commitment of a young mother for inpatient treatment. A legal hearing to review …
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 …
Introduction to Medicaid Eligibility Requirements in N.J. by Fredrick P. Niemann, Esq.
In New Jersey, the Medicaid program which provides an institutional level of care is called “Managed Long Term Services and Supports”. This program pays …
2025 Estate Tax Update
In 2025, only estates over $13,900,000 will have federal death tax exposure. Married couples will escape federal estate tax if their combined value is …
Efficient & Patient!
We came in to update our will and Michelle was the most efficient person I’ve dealt with in the last year. Fred was patient …
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 …
Do Beneficiaries Pay Taxes on Life Insurance Policies?
Do you have to pay taxes on money received as a beneficiary? The general answer to my blog title is no; not usually. Most …
In Probate Disputes and Will Contests Only Reasonable Counsel Fees and Costs can be Ordered Charged to the Estate
I recently received a contested probate case which appealed the trial judge’s award of attorney’s fees and costs to the parties following a lengthy …
Medicare Open Enrollment Starts October 15th. Act Now!
If you have Medicare and want to change your plan and secondary coverage you have the opportunity now to do it. If you miss …
Can My Family Inherit My Season Tickets Under a Parent’s Will or Trust?
New Jersey like New York is sports crazy especially when it comes to the Yankees, Mets, Jets, Giants, Rangers, Devils, Phillies and Eagles. (I …
NJ Allows for the Filing of a Medical Guardianship
Individuals with cognitive disabilities are eligible to have a medical guardian appointed on their behalf. Individuals with unique medical needs such as uncontrolled schizo-affective …
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 …
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. …
New Jersey Adopts Domestic Worker’s Bill of Rights Effective July 1, 2024
The New Jersey Domestic Worker’s Bill of Rights Act (S-723/A-822) establishes a broad range of rights and employment protections for domestic workers. The impact …
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 …
New Jersey Adopts Medical Debt Act Which Restricts Collection Efforts By Healthcare and Other Medical Providers
In approximately 180 days, New Jersey will adopt the Medical Debt Act. Medical debt includes expenses charged for the provision of numerous medically related …
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 …
NJ Announces 2024-2025 Increases in Allowances and Exemptions to Community Spouses, Dependents and Home Exemption Figures
Every year NJ announces changes to its regulations which govern the amount of money a community spouse (a community spouse is the spouse who …
You Really Really Need to Consider Long Term Care Insurance
I see it every day at the office. A diagnosis of a degenerative condition is received by a family member. Panic sets in. How …
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 …