Funeral Expenses and Medicaid
Whenever I talk to a family whose loved one is close to spending down the required amount of assets to qualify for Medicaid, the topic of burial expenses comes up. Most people are aware that Medicaid permits setting aside funds to cover the burial but many are a bit fuzzy on
Out of Crisis Perhaps Change?
The global pandemic has caused havoc in everyone’s life. The immediate effects of the current crisis are obviously negative. Out of every crisis, however, there are often some positive changes. New York was the first region in the country to be hard hit by Covid. Hospitals were overwhelmed and as
End of Life Decisionmaking
In the 11 years that I have been writing this blog it has been a rare week that I have missed posting anything. For 25 years I have focused my practice on the field of elder law - helping to guide families through life’s transitions – as our tag line says. Aging and
N.J. Court Gives Guidance on Hiring Aides – Part 3
In my 3rd and final post on a recent New Jersey Appellate Division case, I continue to discuss how Medicaid treats payments to aides when it comes time to file a Medicaid application. In order to keep the costs down, D.Z. hired aides for several years but did not go thru a home
N.J. Court Gives Guidance on Hiring Aides – Part1
Just last week the New Jersey Appellate Division issued a decision regarding Medicaid that provides a road map for anyone hiring aides at home who hopes to qualify for Medicaid benefits when private funds run out. The case itself is unpublished which means it cannot be relied on as precedent in future cases. Nevertheless, it gives
What if I Can’t Find the Original Will? Part 2
In my post last week I began discussing the options to probate when an original will can’t be located. Probate in New Jersey tends to be relatively inexpensive in comparison to many other states because appearances before a judge aren’t normally necessary and a bond isn’t usually required unless you
A Do It Yourself Will Gone Bad – Part 1
I recent call I received from Mary illustrates the risks of do it yourself estate planning. In this case Mary and john, her husband prepared their wills using Quicken’s Willmaker software which can be purchased online for less than $100. It couldn’t be easier, right? Hiring an estate planning attorney could cost several hundred to a
Is it Still Possible to Probate a Will?
Last week, I heard the statistic reported that the number of Covid-19 related deaths has now exceeded the number of people who died in the Vietnam War. The Vietnam War, of course, spanned 11 years while the current pandemic has been ongoing for a few months at this point. The compressed
What to do if a Bank Refuses to Honor Your Power of Attorney
2 years ago I wrote about bank and other financial institutions' resistance to powers of attorney (POAs). Since then we have seen an increase in frequency of these issues so it bears revisiting some of the common problems and solutions. When we draft POAs for clients we tell them to
What the 2020 Candidates are Saying About Social Security – Part 2
Last week I posted about the future of Social Security and what is being said in this 2020 election year. President Trump’s comments have been ambiguous as far as whether he would cut or protect Social Security, although his recent budget proposal includes cuts of $72 billion to the Social Security Disability program. This