When the State Decides Who Gets Your Assets
Last week we were discussing whether and under what circumstance a person who is mentally impaired can execute a will. So what happens if a person dies without a will? How are assets passed in that case? New Jersey has a law that predetermines how assets are passed in
Can a Mentally Impaired Person Execute a Will?
Mom has been diagnosed with dementia. She doesn’t have any estate planning documents, such as a will, power of attorney or health care directive. I am often asked, “Can Mom still execute these documents? What level of capacity is needed?” The legal capacity needed to execute a will is
Some Long Term Care Insurance Options You Probably Never Heard Of (Part 2)
Last week I told you about Jim and Judy who had passed on the opportunity to buy long term care insurance years ago and are now too old to get it. I told Jim that there are some options available to him and Judy, even now while in their
Some Long Term Care Insurance Options You Probably Never Heard Of
Jim and Judy called because they wanted to make some changes to their wills. In their late 70’s but still pretty healthy, they have a son who is struggling financially with 2 children in college and another with special needs. They wanted to provide for their grandchildren and also
When Doing it Yourself (Medicaid) Can Only Take You So Far (Part 2)
Last week I was telling you about Joe’s call. His mother, who was on Medicaid, received notice of an inheritance of $75,000. Joe wanted to figure out a way to keep that money since he and his brother had given Mom money to pay some of her medical expenses
When Doing it Yourself (Medicaid) Can Take You Only So Far
We got a call the other day from Joe. He had prepared and filed his mother’s Medicaid application himself. From what he told us, it sounded like he did a great job. He had hit a bit of a snag because Joe and his brother had been
Changes to New Jersey Medicaid Coming November 1 (Maybe)
Last week I wrote about changes to New Jersey’s Medicaid program that are coming November 1, specifically with regard to the income cap. Well, as with all things Medicaid, that date is not certain. It’s now looking like December 1 is the more realistic date. What is
Changes to New Jersey Medicaid Coming November 1
I have written for many years about Medicaid’s strict income limit or “cap” Individuals over the cap can’t qualify for some Medicaid programs, such as assisted living or home based Medicaid. That’s because New Jersey is what is known as an income
New Jersey Supreme Court Recognizes the Value of Special Needs Planning
Sometimes as elder and disability attorneys we are criticized for helping our clients qualify for, or in some cases maintain, government needs based benefits. “Why should people be able to protect any of their assets and still qualify for government benefits”, they ask. “That’s not who the benefits are
A $500,000 Estate Planning Mistake (Part 2)
Last week we were talking about Mary, who is losing out on a $500,000 401k her husband left to her in his will. So, why is the 401k custodian telling her she isn’t entitled to it? The reason is that the will does not automatically control how all property