What if I Can’t Find the Original Will?
NJ Estate and Probate laws allow for a copy of a Will to be probated under limited situations This article discusses how to probate …
Does an Inherited IRA Have Creditor Protection Status Under NJ Law
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 …
A Dead Man’s Estate Can Appeal Denial of Medicaid Long Term Care Benefits
Federal and NJ laws and regulations allow an applicant to appeal denial of Medicaid nursing home and assisted living benefits. A fair hearing appeal …
An Executor or an Estate Administrator Has Significant Discretion When Probating an Estate
Executors and Administrators of an Estate have significant discretion in the probate of an Estate under New Jersey Law. This article addresses important principles …
Taxation of Special Needs Trust Made Simple(er)
This article discusses basic tax principles of a Special Needs Trust; hereafter referred to at times as a SNT. Each Type of Special Needs …
Married But Living With a Same Sex Domestic Partner – Who Has Priority to be the Administrator of an Estate When There is No Last Will and Testament?
NJ statutes define who is entitled to be appointed the Administrator of an estate where there is no Last Will. Generally, the family members …
Dealing with the New Jersey Inheritance Tax and an IRA Account
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 …
Dealing With the Obnoxious New Jersey Inheritance Tax Waiver and When It Can Be Avoided
While New Jersey did away with its estate death tax in 2018, it still has an inheritance tax, although the number of estates that …
Whose Debt Takes Priority When an Estate is Insolvent and NJ Medicaid Gets Involved?
If an estate has debts greater than the value of Estate assets, cash, etc., the estate is known as insolvent. Insolvent Estates create competing …
My Father’s Spouse Will Not Help Him Get Medicaid
New Jersey and Federal Law requires that spouses of Medicaid applicants provide five (5) years of information to obtain Medicaid eligibility. Not all spouses …
To Make a Gift to a Minor Beneficiary, Do You Always Need to Set Up a Trust?
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 is the Best Solution for Keeping Money Away From a Spendthrift Daughter-in-Law and Son-in-Law
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 …
Learn the Basics of NJ’s ABLE Act as an Alternative to a Special Needs Trust
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 …
Your Federal and State Income Taxes Are Not Affected by Creating a Properly Drafted Revocable Trust
A Revocable Trust is a popular estate planning tool. Some people think that creation of a Revocable Trust creates complexity under the tax code. …
A Tragic Case of a Young West Point Cadet Who Died Wanting to Preserve His Legacy
The parents of a deceased cadet at the West Point Military Academy (“West Point”) who was scheduled to graduate last year was involved in …
Veterans Benefits for At-Home Care Does Not Require That the Veteran Be a Combat Soldier
Did you know that Veterans home care benefits are available for a military veteran? Recently I met with an Army veteran client who had …
A Will Should Not Include a Personal Property Clause
Personal property items should be discussed in your Last Will. Do not itemize personal property in your Will, but rather create a list of …
Can a Special Needs Trust Make Distributions for a Beneficiary’s Pet?
State and federal law generally requires that all payments from a trust exclusively benefit the disabled person. Disbursements made from a Special Needs Trust …
If the Federal Estate Tax Exemption is Reduced in the Future, Will Your Estate Be Penalized?
Today the Federal Estate death tax exemption is very high. Only the very wealthy are subject to federal death taxes. The law may change …
Elder Abuse by the Intentional Infliction of Emotional Distress
New Jersey has laws that allow a spouse to bring legal action against those who remove their spouse from New Jersey. What can be …
The Importance of Having a Medicare Supplement Insurance Plan
Medicare pays for hospital and doctor costs for persons over age 65 Not all medical costs are covered by Medicare This article discusses Medicare …
Future Possible Nursing Home Costs Concern an Older Couple Who Wants to Get Married
Getting married to an aged and sick person may lead to financial ruin. Medicare treats the savings of both spouses as jointly owned. A …
Are There Limits on the Value of Savings Accounts for Individuals with Disabilities?
One of the most frequent questions I get from a family with a family member with a disability is, can they have savings, and …
Look no further in your search for hardworking, honest lawyers. You won’t be disappointed!
Contesting a Will for Undue Influence is a very complicated endeavor. Our dream team of lawyers, Fred Niemann, Christopher Hanlon, and Christopher Balioni, along …
We feel confident that Fred will be able to help us
Fred took our needs very seriously and worked quickly so that we would have all the pertinent documents in place. Your staff willingly spent …
Social Security Appeals During COVID-19
In order for someone with a disability to receive services from the Division of Developmental Disabilities, they have to be eligible for Medicaid. The …
Spousal Refusal; A Powerful Weapon to Obtain Medicaid Long-Term Care Approval
Married couples are required to provide five (5) years worth of financial information to obtain approval for Medicaid when long term care is necessary. …
You’re Dead; Who Has Access to Your Safe Deposit Box?
Banks in New Jersey have a policy regarding access to a safe deposit box upon the death of the owner Knowing your Bank’s policy …
You Can Beat a County Board of Social Services When They Deny Your Medicaid Application
When an application for Medicaid long-term care is denied, you have a statutory right to appeal. Beating a Denial of Medicaid Long Term Care …
A Judgment Against an Estate Receives No Priority Under New Jersey Law
Judgments entered against a decedent have priority under New Jersey probate and estate administration laws. However, if the decedent dies before a judgment has …