Do You Have the Right Fiduciary for Your Estate?
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 …
What is the NJ Elective Share Law as Relates to Your Surviving Spouse?
If a spouse dies and he or she does not leave their estate to a surviving spouse, the surviving spouse may, under NJ law, …
The Story of the Pitfalls Caused by an Improperly Drafted Will
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 …
Why Are Some Wills 2 Pages and Others 20 – The Example of the Executor Who Didn’t Die
Very often, when I prepare wills, powers of attorney, and health care directives (living wills) for clients, some react with surprise when they see …
Spotlight on NJ Elder Law: What Families Really Need to Know Before a Crisis Hits an Elderly Family Member
When I meet with new clients, the first appointment is often with the children of aging parents. Commonly, they come to us just before …
Choosing the Right Trustee for Your Living Trust
Your living trust is much more than just a document that says which heirs get what percentage of your estate or what items of …
What Happens If You Die Without a Will?
We all know we are supposed to do estate planning, but not all of us get around to it. So what happens if you …
Is Your Family or Personal Trust Subject to New Jersey’s Death and Inheritance Tax?
New Jersey is home to one of the largest populations of elderly residents in the entire country. Many do not have a trust or …
How Do You Handle a Disclaimer When a Trust is Involved?
A trust for the sole benefit of a disabled adult child who lacked capacity was created by a NJ Superior Court order. The trust …
Must You Pay a Realty Transfer Fee (Tax!) When Transferring Real Estate to a 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 …
Understanding the Doctrine of Probable Intent in Probate Estate Litigation
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 …
Understanding the Difference Between a Right of Use and Occupancy and a Life Estate in Medicaid Planning
A right to use and occupy gives the owner of real estate (generally a primary residence) the right to use and occupy the property, …
You Cannot Avoid a Medicaid Estate Recovery Lien by Creation of an Elective Share Trust
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 Accounting and Visitation from a Fiduciary
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 …
Can You Transfer Your Home With a Mortgage to a Trust Without Jeopardizing Your Bank Loan?
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 …
Appealing Medicaid Denial and Involuntary Discharge Because of Immigration Status
Recently, we were advised that a client of ours was a lawful permanent resident, and had resided in the US continuously since 1985. The …
Understanding the Definition of Incapacity Under NJ Law
Occasionally, a client does not want a declaration of “incapacity” (as used in various planning documents and NJ case law) made by a physician. …
Does a Revocable Trust Require an Employee ID or Social Security Number?
I was recently asked about my thoughts as to the use of an EIN vs. social security number for a revocable trust. Under Treas. …
Understanding the NJ Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Guardianship Modification for Interstate Guardianship Video Recently, parents who are guardians of their disabled adult child moved to NJ from Maryland and inquired about …
Will NJ Demand Payment of Inheritance Tax From an Estate if the Beneficiary Only Has a Life Estate?
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 …
Hire an Appraisal and Auction Firm to Dispose of Estate Personal Property
Recently, a client who has quite a few valuable personal possessions confided she did not want to burden her executor with knowing how to …
When Can a Fiduciary Be Compelled to Produce an Accounting?
Clients often ask how long before he or she can compel an accounting from a fiduciary. NJ has statutes and case law that answers …
NJ Must Abide by its Federally Approved State Medicaid Plan and Make Available Assisted Living and Home-Based Community Assistance Services to Eligible Medicaid Applicants
Under federal law, NJ is allowed to offer expanded Medicaid programs to individuals whose income exceeds the Medicaid income cap. Since NJ proposed to …
Understanding the Doctrine of Probable Intent When a Last Will is Unclear in its Language
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 …
In Guardianship Cases, Payment of Counsel Fees is at the Discretion of the Court
NJ court rules govern payment of counsel fees in guardianship actions. If adult protective services fails to perform their statutory responsibilities, they can be …
Don’t Confuse Testamentary Intent with Testamentary Capacity When Analyzing a Last Will & Testament
When contesting a Last Will, the testamentary capacity of its maker is often disputed. NJ law makes clear the differences between testamentary capacity and …
New Help Line for Caregivers of Adults with Intellectual and Developmental Disabilities
Caregivers Can Call 833-NJ-ADULT (833-652-3858) Daily from 8:30 a.m. to 8 p.m. Human Services Commissioner Sarah Adelman announced a new help line available to …
The Role of the Trustee of a Trust Established Under a Last Will and Testament Following Probate
Statutory and case law requires a trustee to diversify trust assets. Under the Prudent Investor Act, N.J.S.A. 3B:20-11.1 [to] -11.12, “[a] fiduciary shall diversify …
A Sad Story of an Estate Plan Screwed Up Because of a Homemade (Internet Store) Will
A recent inquiry to my office illustrates the risks of a “do it yourself” last will. Here, the person used a common will software …
A County Cannot Impose as a Condition of Approval That You Be Accepted by a Nursing Home or Assisted Living Residence
A person with a disability is entitled under N.J.S.A. 10:71-1.2 to choose the least restrictive environment to live. An individual who qualifies, medically, for …