An executor and beneficiary may agree to modify and change a signed Last Will or Trust NJ Law requires certain formalities be followed before …
In every guardianship case, the court appoints an attorney for the alleged incapacitated person. Their attorney is required by court rule to advocate a …
The Social Security Administration announced today that Supplemental Security Income (SSI) recipients will automatically receive their Economic Impact Payments directly to their bank accounts …
• Does Medicaid take all the income? • When families start to think about Medicaid planning for an elderly parent who may need a …
• Protecting the real and personal property of an incapacitated person by applying for Medicaid is legally permissible in NJ • New Jersey court …
Notice to the Bar – Guardianships of Adult Incapacitated Persons – Supreme Court Relaxation of Rule 4:86 During COVID-19 Crisis The Supreme Court has approved …
There is no statute of limitations on a claim against a fiduciary by an estate beneficiary. If no release and refunding bond is filed …
When litigation is filed requesting an interpretation of a last will or a provision within a will, a party must realize that this type …
An ABLE account with a balance of $100,000 or less does not affect a disabled person’s eligibility for SSI. In NJ, Medicaid eligibility remains …
Overview of Administrator-Managed Prepaid Cards Historically, SNT trustees were limited to how methods of payment could be made for SNT disbursements without violating SSA …
You can challenge and dispute the right of New Jersey to file a lien against an estate This article discusses how to appeal an …
Many people qualify for section 8 housing financial assistance and Medicaid Creation of a special needs trust will preserve these public benefits without a …
SSA’s prior policy regarding SNT payment of travel expenses to enable third parties to accompany the beneficiary was extremely restrictive. Although an SNT trustee …
The Social Security Administration (SSA) has long had issues with Special Needs Trusts (SNTs) that include provisions for paying for companion care services and …
For decades, a Special Needs Trust (SNT) has been the primary planning tool to protect persons with disabilities. Funds held in an SNT are …
For decades, a Special Needs Trust (SNT) has been the primary planning tool to protect persons with disabilities. Funds held in an SNT are …
Termination of Medicare coverage can be appealed The Medicare appeal process is complicated and complex This article discusses in detail the Medicare appeal process …
Denial of Medicaid eligibility for long term care can be successfully appealed The state in its notice of denial must give you the statutory …
NJ has many foreign-born parents with minor children If a foreign-born parent dies can they appoint a guardian for their children from their home …
Although they still rely on you heavily for support – both emotional and financial – the law considers young persons over the age of …
Many individuals and families are highly stressed and in crisis when a nursing home placement is necessary Nursing homes often demand that a family …
Your hospital admission status is a critical factor for Medicare coverage Medicare says you must be admitted as “Inpatient” rather than as “observation status” …
Medicaid Benefits are available to pay for long term care costs for eligible individuals Upon death the state can file a lien against the …
Many people applying for Medicaid own life insurance The type of life insurance the applicant owns determines eligibility This article discusses how to deal …
Emergency room doctors are agents of Medicare Medicare regulations require you to be admitted to the hospital for expanded benefits This article discusses and …
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 …
