How Do You File for Guardianship? A Simple Step-by-Step Explanation
An action for guardianship of an alleged incapacitated individual and the proceedings required for a judgment of incapacity are governed by court rules and …
When Can NJ Tax the Income of a Trust?
I just finished reading statutes which address Tax Nexus and trusts, especially when a trustee administers a NJ trust for out-of-state beneficiaries. I always …
A Medicaid Application Can Be Like a Tax Audit
When describing the Medicaid application process, I often reference it to a tax audit. It is an intrusive government review of an applicant’s finances …
Here’s a Brief Overview of an Involuntary Civil Commitment Process
When a patient presents to a psychiatric screening service, the service has 24 hours to issue a screening certificate to the patient being detained …
When Gifting Real Estate in NJ, What is the Actual Date of the Gift?
We have clients who want to gift to their ownership in New Jersey Real Estate. These clients want to complete their gift in 2022. …
Can a Veteran Receive Both VA Aid & Attendance Benefits AND Medicaid?
Many Veterans (or the widows of war-time Veterans) who receive Aid & Attendance benefits also need Medicaid. A Veteran and his/her spouse can receive …
After Divorce, What Agreements Should You Review to Protect Loved Ones?
Just divorced? Getting divorced? Been divorced and haven’t done anything about changing key documents? Obviously, I think it is important that you review your …
Estate Planning: Beware of the Gift of Debt
It’s great to inherit property but what if that gift brings with it a big string – a string of debt attached to it …
Can a Surviving Spouse Avoid Probate in NJ When the Estate Value is Small?
The short answer is yes. In the absence of a will, if a deceased spouse owned less than $50,000 of assets to his or …
Dealing with Unexplained Deposits When Applying for Medicaid
Many Medicaid applications involve issues surrounding bank deposits. As part of the Medicaid application process, the State demands documentation of withdrawals from an applicant’s …
Over Age 62? Consider a Domestic Partnership Instead of Getting Married
In love with someone but don’t want to get married? There is an alternative to marriage in New Jersey. It’s called a Domestic Partnership. …
Understanding the Role of a Trustee(s) in a Family Trust That Owns a Family Corporation
I read an interesting trust litigation case which was decided in the Federal District Court of New Jersey. The case involves the New Jersey …
When There is a Child with Disabilities, Special Planning Must Be Factored into the Divorce Agreement… or Else!
Careful planning and consideration must go into divorce and custody agreements to protect a special needs child and maximize access to important services and …
Can You Inherit Bitcoin?
Are you or have you already bought into the crypto craze? If you don’t own cryptocurrency yourself, odds are you’re related to someone who …
Is it a Good Idea to Add a Clause to a Power of Attorney Which Requires a Second Signature for Large Transactions?
Clients often ask whether they should specify in their Power of Attorney that a second signature is required for transactions over $10,000.00 (for example). …
Sick of New Jersey’s Obscene Taxes? Then Consider Changing Your Domicile and Move to Florida
Sick of New Jersey’s high taxes and anti-business politics in the state legislature? Then join the growing list of ex-patriots leaving for Florida and …
Beware of the Beneficiary Form (Part 4 of 4)
This is the fourth and final article about beneficiary designation and NJ probate and estate planning. For non-retirement assets with beneficiaries correctly titled, your …
What is Legal Liability of an Incapacitated Person Who Signs a Contract?
A contract with an incapacitated person is generally voidable by the incapacitated party. Voidable means it can be cancelled by a legal representative of …
Health: The Use of Discretionary Trusts to Protect Assets From Creditors and the IRS
No one wants their life savings seized by creditors, but can you leave an inheritance to a child or loved one who has spending …
Do You Want a Monthly Check From the VA?
You may be eligible for a monthly check from the VA in many cases of between $1,200 and $3,252 per month (or more for …
Beware of the Beneficiary Form (Part 3 of 4)
This is the third post of a four part series on estate planning and beneficiary designations. I continue with my discussion of a beneficiary …
A Recent Federal Court Decision Permits a Patient the Right to Appeal a Change in Their Hospital Status
A federal appeals court granted certain hospital patients the right to appeal “observation stay designations in a ruling. It means many hospital patients will …
Change in ABLE Eligibility Ages
This month, Congress enacted a new law, expanding who is eligible to open an ABLE account. ABLE accounts are a kind of tax deferred …
Beware of the Beneficiary Form (Part 2 of 4)
This is the second post on the subject of beneficiary designations and their importance in New Jersey probate and estate planning. Who Can Be …
The Marital Deduction: A Valuable Federal Estate Tax Planning Tool
The federal estate tax marital deduction is one of the most important estate planning tools available to a married couple. The basic marital deduction …
You May Be Entitled to a Tax Deduction If You Make Charitable Donations
As you may be aware, the IRS allows tax deductions for qualifying charitable contributions. But the government has made charitable gifting a complicated area …
Think Ahead When Estate Planning and Leaving a Disproportionate Inheritance or Disinheriting a Child
The majority of parents and grandparents set up their estate plans so that their children are significant beneficiaries. They also frequently distribute their assets …
Nursing Homes for Eligible Veterans in NJ
Nursing home placement for veterans residing in NJ is available from two sources within the Federal Department of Veterans Affairs — the veteran’s health …
Estate Planning Issues for New Jersey Residents With Ties to Other Countries
Estate planning can be especially important for those persons with international ties. Typically, international estate planning issues come up in two contexts. First, there …
Beware of the Beneficiary Form – It Can Kill Your Estate Plan (Part 1 of a 4-Part Series)
If you think your estate planning is done once you have signed a will or trust, think again. All your hard work can be …