New Jersey’s Medicaid guidebook requires that an agency representative must provide an applicant or his/her representative with a “checklist” highlighting the verification(s) and supporting …
When the State considers an applicant’s eligibility for Medicaid, it meticulously examines the applicant’s finances to ensure that all resources are valued below the …
Often applicants are denied NJ Medicaid or if approved, assessed with a significant penalty period because there is not a clear paper trail of …
Fred Niemann, Stephen Kornas, Chris Balioni & their support team are prescient, proactive and proficient with navigating ongoing Elder Care challenges. – OM
When I talk to some people about long-term care and Medicaid, I sometimes hear strong opinions that “it is wrong to transfer assets in …
Warning: Your Selection Does Matter When creating an estate plan, especially in your will and/or trust, an important decision you must make is the …
If a spouse dies and he or she does not leave their estate to a surviving spouse, the surviving spouse may, under NJ law, …
It Really Does Matter! A number of years ago, a woman’s husband died leaving a will, some assets, and a 401k. The marriage was …
Very often, when I prepare wills, powers of attorney, and health care directives (living wills) for clients, some react with surprise when they see …
When I meet with new clients, the first appointment is often with the children of aging parents. Commonly, they come to us just before …
Your living trust is much more than just a document that says which heirs get what percentage of your estate or what items of …
We all know we are supposed to do estate planning, but not all of us get around to it. So what happens if you …
New Jersey is home to one of the largest populations of elderly residents in the entire country. Many do not have a trust or …
A trust for the sole benefit of a disabled adult child who lacked capacity was created by a NJ Superior Court order. The trust …
Recently, an out of state client wanted to transfer two NJ properties into a revocable living trust. Both properties were subject to mortgages. The …
Under N.J.S.A. 3B:3-33, “the meaning and legal effect of language used in a Last Will, trust or other legal document is determined by the …
A right to use and occupy gives the owner of real estate (generally a primary residence) the right to use and occupy the property, …
The estate argued that the assets held in a trust created by a spouse are not subject to recovery by NJ because these assets …
Siblings can demand a financial account and visitation from another sibling(s) who is a fiduciary (trusted agent) for their parent(s) or a disabled person …
There is a Federal law called the Garn-St Germain Act. Federal Regulations exempt transfers to trusts in which the transferor or a member of …
Recently, we were advised that a client of ours was a lawful permanent resident, and had resided in the US continuously since 1985. The …
Occasionally, a client does not want a declaration of “incapacity” (as used in various planning documents and NJ case law) made by a physician. …
I was recently asked about my thoughts as to the use of an EIN vs. social security number for a revocable trust. Under Treas. …
Guardianship Modification for Interstate Guardianship Video Recently, parents who are guardians of their disabled adult child moved to NJ from Maryland and inquired about …
The short answer is yes. Surprised? Don’t be; it’s taxaholic NJ at it again. Under N.J.S.A. 54:36-1, when a person gives a life estate …
Recently, a client who has quite a few valuable personal possessions confided she did not want to burden her executor with knowing how to …
Clients often ask how long before he or she can compel an accounting from a fiduciary. NJ has statutes and case law that answers …
Under federal law, NJ is allowed to offer expanded Medicaid programs to individuals whose income exceeds the Medicaid income cap. Since NJ proposed to …
N.J.S.A. 3B:3-33.1 delineates the doctrine of probable intent. The statutory focus is to implement “[t]he intention of a testator . . . .” The …
NJ court rules govern payment of counsel fees in guardianship actions. If adult protective services fails to perform their statutory responsibilities, they can be …
