New Jersey Legislative Enacts a New Law: Residents’ Bill of Rights
Fredrick P. Niemann, Esq., a NJ Medicaid Attorney New Jersey has adopted a new Bill of Rights law for residents of New Jersey’s many …
Appointment of a Special Medical Guardian and an Individual’s Right to Die
By Fredrick P. Niemann, Esq., a NJ Elder Law Attorney An interesting case was just decided in New Jersey on a person’s right to …
Residency vs. Domicile – Can NJ and NY Both Tax Your Estate?
By: Fredrick P. Niemann, a NJ Estate Administration Attorney An often overlooked issue in probate and estate administration is the determination of a decedent’s …
Distribution from Self-Settled Special Needs Trusts Relating to Medical Expenses
Fredrick P. Niemann, Esq., a NJ Special Needs Trust Attorney One of the most pressing needs for disabled beneficiaries is medical care. Medical Insurance …
Tips for Preventing, Detecting, and Reporting Financial Abuse of the Elderly
Fredrick P. Niemann, Esq., NJ Elder Law Attorney As the economy worsens, incidences of elder financial abuse are reportedly on the rise. The elderly …
Will They or Won’t They? An Update on Federal Estate Tax Law
By Fredrick P. Niemann, Esq., a Monmouth, Ocean, Middlesex and Mercer County NJ Estate Planning and Administration Attorney Earlier this year, I spoke about …
What is a LTACH? . . . and How Can it Benefit My Critically Ill or Catastrophically Injured Loved One?
Fredrick P. Niemann, Esq., a NJ Elder Law Attorney Medical science has made great strides in the last 30 years. We are certainly living …
Widow with a Living Husband
Fredrick P. Niemann, Esq., a NJ Elder Law Attorney I recently read of a moving story from a widow who had served as her …
It’s Dad’s Money. He Can Do What He Wants With It – Right?
Fredrick P. Niemann, Esq., a NJ Medicaid Attorney In February, 2006 Congress passed some significant changes to the Medicaid laws that created some very …
Adult Children with Disabilities Can Qualify For Benefits on Parents’ Work Records
Fredrick P. Niemann, Esq., a NJ Elder Law Attorney Although the typical Social Security Disability Insurance (SSDI) recipient has worked for a fairly long …
My Spouse Needs Nursing Home Care – What are my Options?
Fredrick P. Niemann, Esq., NJ Medicaid Attorney Mary and Joe own their home and have $150,000 in savings. They have wills leaving everything to …
How a Declining Stock Market Can Cause a Long Term Care Nightmare
As the current economic crisis deepens, it is becoming increasingly clear that we are heading into uncharted waters, in so many respects. Specifically, however, …
Assisted Living Care – I’m Out of Money So Now What?
Dad has been living in an assisted living facility for 3 years at a cost of $4500 per month. He likes it there, is …
Married … Well Not Really – A Long Term Care Quagmire
Jane calls us to relate the same problem that many Americans today are coping with, trying to care for aging parents. She calls …
The Unpredictability of Alzheimer’s Disease
So often, when working with families who are struggling to care for a loved one with dementia, the most frustrating part is the uncertainty …
Retirement Home Can Force Resident to Move to Higher Level of Care
Fredrick P. Niemann, Esq., NJ Elder Law Attorney A federal court has ruled that a continuing care retirement community (CCRC) can force one of …
Assisted Living Facility Residents Can Lose Their Homes if Their Facility Stops Participating in Medicaid
Most people want to avoid nursing home care. Many people believe that assisted living provides them with something better: choice, control, independence, and safety …
Son Responsible For Mom’s Nursing Home Bill
Fredrick P. Niemann, Esq., NJ Asset Protection Attorney Many times the children of elderly clients ask whether they can be held responsible for Mom …
Plan for Long Term Care… Now… or Else
Fredrick Niemann, New Jersey Long Term Care Insurance Attorney “According to some sources, 60% of us will need long term care sometime during our …
When Not to Use a Special Needs Trust
By Fredrick P. Niemann, Esq., NJ Special Needs Trust Attorney Self-Settled Special Needs Trusts are often use when a person with disabilities receives a …
The Frail Senior and Obama-Care
Have you been wondering if the proposed Obama-Biden “plan to lower healthcare costs and ensure affordable, accessible, health coverage for all” would provide …
The Home – To Transfer or Not to Transfer – Part 2
As we discussed last week, Joe wants to transfer his home to Jim, who lives there with his wife and children. But let’s change …
A Two Generation Family’s Long Term Care Crisis – Part 2
So, in last week’s blog I presented a common scenario, Mom and Dad both needing long-term care and nothing but a house left in …
The Law Has Changed: Read About This “Medicaid Near Miss”
Fredrick P. Niemann, Esq., NJ Medicaid Attorney Here’s a story I was told by a colleague. Mary was 85 years old and had been cared …
National Report Says States Have Ability to Curb Power of Attorney (POA) Abuse
Fredrick P. Niemann, Esq., a Power of Attorney Lawyer The misuse of powers of attorney to exploit the elderly appears to be on the …
The Home – To Transfer or Not to Transfer – Part 1
Home ownership has long been a large part of the American dream. Through the course of the 20th century, the percentage of Americans …
A Two Generation Family’s Long Term Care Crisis – Part 1
Fredrick P. Niemann, Esq., a Medicaid Attorney Mom and Dad are still living in their home which they own. They both need round the …
IRS Clarifies Recent Law Waiving Account Distribution Rules for 2009
Fredrick P. Niemann, Esq., an Elder Law Attorney The Internal Revenue Service (IRS) has issued guidance to financial institutions clarifying the new law that …
The Benefits of Fixed Annuities
If you are looking for a steady stream of income in retirement, an immediate fixed annuity may be the answer. An immediate fixed annuity …
Supreme Court Says Deceased Employee’s Ex-Wife Can Get His Pension Benefits
A new Supreme Court decision illustrates the importance of making sure your beneficiary designations are up-to-date. The Court has unanimously ruled that an employer …