To Be Appointed Guardian You Must Be Related by Blood or Marriage or Be the Power of Attorney Before Incapacity Strikes
Absent proof of parentage by blood or adoption, NJ law does not permit a party to become the legal guardian of another. In a …
Can a Contingent Beneficiary Demand an Accounting?
Can any trust beneficiary can compel a trustee to account? Does the type of contingency make a difference? While trust beneficiaries generally can seek …
How to Successfully Refute the Legal Presumption that the Survivor of a Joint Account is the Legal Owner Upon Death – Part 2
In our last blog, I discussed how multiple account holders are presumed to be joint account holders with right of survivorship, so if one …
How to Successfully Refute the Legal Presumption that the Survivor of a Joint Account is the Legal Owner Upon Death – Part 1
According to N.J.S.A. §17:16I-5 (a), when there are multiple owners of a bank account, the law presumes the account to be jointly owned amongst …
National Guard and Eligibility for a NJ Veteran’s Home
Veterans are defined under N.J.A.C. § 5A:5-1.2 (the regulation governing veteran’s homes). The definition reads that a veteran is “a person who has been …
Supreme Court Aids Older Workers Alleging Discrimination
Justices place the burden of proof on employers In 2008, I wrote the Supreme Court had further enhanced the ability of older workers to …
Pay All Bills Before the Death of a Special Needs Trust Beneficiary
Video: Should You Pay Bills Prior to the Death of a Special Needs Trust Beneficiary? Sadly, the beneficiary of a Special Needs Trust …
You Can Raise Your ABLE Account Contribution an Additional $1,000 Starting January 1 2022
Effective January 1, 2022, the Federal Government has increased the total limit on the annual contributions people with disabilities (or their families) can make …
Understanding the Medicaid 5 Year Look-Back Period
An applicant’s Medicaid application was denied because of bank deposits made 58 months prior to filing. I recently read a post where a Medicaid …
Understanding Eligibility for an Assisted Living Residence Under NJ Medicaid – Part of 2
Each applicant for Assisted Living Medicaid has two components, one part is clinical eligibility, the second part is financial eligibility. One way to become …
Understanding Eligibility for an Assisted Living Residence Under New Jersey Medicaid – Part 1 of 2
To understand Assisted Living Medicaid, you have to understand New Jersey Medicaid first. The history is important. New Jersey provides Medicaid long term care …
Using a Single Premium Immediate Annuity in Medicaid Planning (SPIA)
In order to be eligible for Medicaid long-term care, there are eligibility requirements that must be met. This includes financial (income and assets) eligibility. …
Annual Gifting Limits Raised to Reduce Potential Estate Death in 2022
The amount you can gift without filing a tax return is increasing to $16,000 in 2022. The federal estate tax exclusion is increasing to …
Understanding Penalties Under NJ Medicaid Law
If you make a gift within 5 years of applying for Medicaid, you will be penalized. A penalty is a mathematical calculation. The amount …
What Makes a Will Valid and Legitimate?
In New Jersey, what are the legal requirements for making a Will? What happens if a Will does not meet every requirement? What is …
How to Deal with Banks and Brokerage Firms When Using a Power of Attorney
Banks are a pain in the *&s! when it comes to using a Power of Attorney. If an employee of the bank reviews the …
Understand and Learn Several Uncommon Remedies to Fight Elder Financial Abuse
What can I do if I suspect elder financial abuse but am not sure? What will happen to the person committing the abuse? New …
It’s Medicare Open Enrollment Time: Is Your Plan Still Working for You?
Every year Medicare gives beneficiaries a window of opportunity to shop around and determine if their current Medicare plan is still the best one …
Estate Creditors and Making Claims Against the Probate Estate
One of the unique aspects of estate administration in New Jersey is how “hands-off” it is compared to other states. An executor or administrator …
If Someone Dies Immediately Before Signing a Will, Can it Be Salvaged?
Can a copy be treated as an original if the original is lost? Is a Will signed electronically during quarantine valid? Traditionally, a deceased …
NJ Supreme Court Adds Yet Another Requirement to Becoming a Guardian
A guardianship is a legal proceeding filed in court where you ask a judge to appoint a guardian for an incapacitated adult. NJ court …
Contracts to Make or Revoke a Will – Preserving Your Estate Plan
Many of our couples who seek estate planning execute “sweetheart wills.” That is, each executes a will stating that upon the death of the …
Planning for The Resumption of Normal State Medicaid – Part 3 of a 3 Part Blog
Post-COVID Eligibility and Enrollment Plans The CMS is requiring that each state, including NJ, develop a “post-COVID eligibility and enrollment plan” to explain how …
Planning for The Resumption of Normal State Medicaid – Part 2 of a 3 Part Blog
Processing Applications & Verifications The outbreak of the COVID-19 pandemic led the Secretary of the Health and Human Services (HHS) to declare a …
Planning for The Resumption of Normal State Medicaid – Part 1 of a 3 Part Blog
The outbreak of the COVID-19 pandemic led the Secretary of the Health and Human Services (HHS) to declare a Public Health Emergency (PHE). To …
An Expert Medical Opinion is Required to Order an Involuntary Commitment
Recently, a NJ court entered a temporary order for the involuntary commitment of a young mother for inpatient treatment. A legal hearing to review …
Medicare Scams
There is a new Medicare telephone scam. Scammers are calling, and identifying themselves as from Medicare. Then, they are asking for Medicare numbers and …
Gift Taxes vs. Inheritance Taxes: Which is Worse?
Generally, there is no income tax imposed upon assets beneficiaries inherit. However, when they later sell inherited assets, (i.e., appreciated securities and real estate), …
New Jersey Adopts Final Remote Notary Law
In 2020, New Jersey’s government recognized for the first time that sometimes, you need a notary- and you need one who can witness electronically. …
Inheritance Tax – Who Should Pay?
One of the biggest questions to tackle in formulating an estate plan is the payment of any estate and inheritance taxes. Should the estate …