Be kind to your Executor when writing your Will
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...
Medicaid Basic Rules
REAL ESTATE TRANSACTIONS IN ELDER LAW : Medicaid Basic Rules
The Medicaid application for nursing home care or care in the home can be complex.
by Linda Ershow-Levenberg, Certified Elder Law Attorney (C.E.L.A.)
June 2015;...
How elder care law can help secure your future and peace of mind
Navigating the twilight years of life brings with it a unique set of challenges and decisions. From healthcare planning to asset management, the complexities can seem overwhelming. That’s where the specialized field of elder care law comes into play, offering guidance and support to ensure that your golden years are secure and peaceful.
Partnering with a full-service elder law firm like...
Keep track of Trust documents!
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...
NJ Medicaid announces updates to financial eligibility numbers – here’s why it matters
The Medicaid program which pays for nursing home costs and for care in the community is called MLTSS – Medicaid Long Term Services and Supports. An applicant has to meet the specific financial requirements for income and assets (resources). These financial limits get updated every year. Some numbers go up in January, and others in July. This post reviews the numbers that are changing...
What Types of Guardianship Are Available in New Jersey
Guardianship is a legal arrangement that allows one person (the guardian) to make decisions on behalf of another person (the incapacitated person) who is unable to make those decisions for themselves. It is a critical tool in ensuring the welfare and protection of vulnerable individuals who are incapacitated due to age, illness, disability, or other circumstances. A Court proceeding is always...
Ways That Guardians Can Protect the Well-being of Persons Under Guardianship
A court-appointed Guardian has the authority and responsibility to protect the legal rights of the incapacitated person. This post discusses some of those rights.
Medicaid planning and guardianship
Medicaid is a government-funded healthcare program that provides essential coverage to low-asset individuals, including nursing home residents. Medicaid planning involves strategies to legally...
Tips for Elders who are Moving in with their Children
The years flash by and one day the family starts talking with their aged parents about moving the parent(s) to live with a child. It’s a good idea to talk about this with an elder law attorney because we can identify many issues to be considered. Here are a few of those issues, with general suggestions. Each person’s situation is unique of course, and this article isn’t...
Honoring Those Who Have Served
On this Veterans Day we want to express our appreciation for the selfless military service to our country that’s been provided by our clients, their family members, their friends and acquaintances, as well as those veterans we don’t know personally. Every era in American history has had its unique and awful challenges. Our veterans took on burdens and responsibilities for the...
Don’t Stuff Your Will Behind the Couch Cushions
The hot news recently, is that after a lengthy, expensive legal battle, a Michigan jury concluded that superstar music icon Aretha Franklin’s 2014 handwritten four pages of instructions were a valid “Will” and that it superseded her 2010 handwritten Will. Despite all her wealth and having four children, the “Queen of Soul” evidently didn’t bother to engage an attorney to prepare a formal Last...