Longtime Partners but Never Married (Part 2)
In my post last week I began to tell you about Bill and Mary. Partners for 50 years, they never actually tied the knot. Bill had a stroke and they are now faced with $14,000 per month in long term care expenses. The home they live in is owned by Bill. Mary is not
Long Time Partners but Never Married
A recent call we received started with an increasingly common problem.  Mary had called because her partner, Bill had a stroke which landed him in the hospital.  He failed to make enough progress to be able to go home and would need to stay in a long term care facility. Mary told me
Medicaid When a Spouse Owns a Business – Part 2
In my blog post last week I wrote about a more frequent scenario we are seeing with married couple Medicaid applications.  It’s one in which one or both spouses own a business from which they derive income.  As I explained last week, Medicaid allows the healthy spouse to keep a certain amount
Medicaid When a Spouse Owns a Business – Part 1
If you are a regular reader of this blog you know that in the case of a married couple where only one spouse is applying for Medicaid, the healthy spouse, known as the community spouse, is entitled to keep a certain amount of countable assets.  The assets of both spouses are
The Importance of Updating Your Will – Part 2
In last week’s post, I talked about two recent estate administration cases in our office.  In each instance the decedent left a will but no living executor was available to serve. In the first case, the two children who inherited the estate equally were not named because at the time the will
The Importance of Updating Your Will – Part 1
A will is something everyone should have, but just as important is to update a will when it is clear that changes are necessary.  No will can be designed to last forever, no matter what happens.  By way of example, we have had two recent cases in our office in which the
2022 Medicaid Numbers
Last month in this blog I updated you on some of the new Social Security and Medicare numbers for 2022. With a cost of living adjustment (COLA) of 5.9% as a result of higher inflation, next year’s increase is the largest in some time. Many other federal programs are tied to the
Binding Arbitration and Admissions Agreements – Part 3
In this week’s final post of three I will finish telling you about a recent court case concerning a dispute over the terms of a long term care facility admissions agreement. Last week I delved into the specifics facts of that case - the relevant terms of the various documents and
Binding Arbitration and Admissions Agreements – Part 2
In last week’s post I wrote about a New Jersey Appellate Division case that was handed down a couple of weeks ago concerning an arbitration clause in an assisted living facility contract.  I explained that there is a federal law that favors and encourages arbitration but there is also a New
Binding Arbitration and Admissions Agreements
We frequently review long term care facility agreements for our clients.  We want to be sure they understand what is contained in these agreements which can be 30 pages or more with multiple attachments and exhibits.  It is a legally binding contract that contains rights and responsibilities for each party but the