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 …
Income Derived from Personal Businesses Must Be Counted for Eligibility for Benefits
When applying for welfare through a county’s Board of Social Services, whether it’s Medicaid or SNAP benefits, you are required to provide to the …
Understanding Medicare and Your Right to Rehab and Therapy in a Skilled Nursing Center
In 2013, a federal district court approved a settlement agreement in a landmark case named Jimmo v. Sebelius. The Jimmo Settlement confirmed that Medicare …
Dealing with a Mistake on a Death Certificate When Estate Probate is Required
A client’s father died while visiting his daughter in upstate NY. The father was a resident of Bergen County, NJ. NY issued a NY …
Federal Government Reinstates Restrictions on Nursing Homes to Discharge Residents and Relocate Them Within Facility Under Covid
When the COVID-19 emergency began, the Centers for Medicare and Medicaid, the federal agency which controls the administration of long term care facilities, issued …
When Should I Be Looking to Do an Estate Plan?
When you die, you will leave an estate. Your estate is comprised of everything you owned, saved and accumulated during your life. It is …
Is an Inherited IRA Protected from Bankruptcy and Creditors?
New Jersey has fraudulent transfer laws that prevent property “made in trust” for a debtor to be available to creditors to satisfy their debts. …
Understanding the First Steps in Filing a Medicaid Application for Home-Based Services
A client came to me contemplating applying for Medicaid for services at home. There were two issues needing attention. The first issue was financial. …
How to Appeal a Medicaid Lien Filed by the State of NJ
As part of the Medicaid program, federal law dictates that a State Medicaid plan is required to seek “adjustment or recovery from the individual’s …
All Individuals with Intellectual or Developmental Disabilities Over the Age of 16 Will Be Eligible to Receive a COVID-19 Vaccination Soon
Gov. Murphy announced that individuals with an intellectual or developmental disabilities over the age of 16 will be eligible to receive a COVID-19 vaccination …