Author: Linda Ershow-Levenberg

An Estate without funds can be very difficult to administer! If the estate’s assets include real estate or a business to be sold, substantial cash may be needed to pay property taxes or wind down the business. If the beneficiaries of the Estate are Class C (siblings) or Class D (all others), New Jersey Transfer Inheritance Tax will need to be paid unless the inheritance is small. Many...

Test your knowledge about nursing homes and the Medicaid-Long Term Services and Supports (MLTSS) program that pays for nursing home care, assisted living and part-time home care for eligible people. Does  a person’s monthly income have to be less than $2,829 to apply for Medicaid-MLTSS? Will the State take the house if a married person moves into a nursing home and their spouse is still at...

Maintaining a house can be expensive. The property taxes — even with senior freezes — plus insurance, utilities, water, sewer, trash collection and repair and maintenance can really add up. If home health care is required and the person isn’t receiving Medicaid-funded care, that will be an additional substantial expense. People are living longer and longer. We have worked...

Two years ago we wrote about the new requirements for background checks in New Jersey guardianship cases. This post discusses duties of Guardians and reporting obligations. There is a Guardianship Monitoring Program in each County Surrogate’s office, and the County Surrogates are making a point of following up after the Judgment is entered. If you are being appointed as a Guardian you...

Poorly written Wills (or revocable trusts) can create enormous headaches for the Executor (or successor Trustee) who has to track down Beneficiaries and interpret what the document requires. “Simple Wills” that don’t address the details can lead to expensive legal troubles later. Here are some issues to think about when you are designing your estate plan,  so that your lawyer...

Could this be you? You’re in your thirties or forties, with several active children and a busy social and business life. You’ve got volunteer activities and school programs to keep track of. Your parents are in their seventies or eighties, have their own home, and appear to pay all their bills when due. You have no idea what your parents’ income or assets are because they don’t want to bother...

I had a meeting recently with a client whose spouse had set up an irrevocable life insurance trust (ILIT).  The client is the beneficiary of the Trust. The Trust owned a substantial life insurance policy on the spouse. The spouse died 15 years ago, and the insurance policy was promptly paid to the Trust. The client is the Trustee, and established a brokerage account with the funds. The client...

In 2020 according to one set of data, there were about 550,000 2- and 3-family rental properties in New Jersey. Many seniors own such buildings and live in one of the units. At a certain point in later life, they may be depending on their children (or others) as Power of Attorney or court-appointed Guardian to manage their finances and property.  An important deadline is fast approaching that...

Home health care is a huge industry in the USA with over 3 million workers in 2022. The US Bureau of Labor Statistics estimates that jobs will grow by 22% over the next 8 years. New Jersey has thousands of in-home caregiver employees. Many seniors are trying to “age-in-place” and they hire caregivers to help them with their functional tasks of daily living. On January 12, 2024, New...