What Does it Mean to Disclaim an inheritance?
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Health Care Proxies and Advance Directives help Doctors in critical care of patients
The New Jersey Department of Health issued a comprehensive statement concerning triage and the care of COVID-19 patients in different kinds of licensed health care facilities. This is one among many directives issued in the past six weeks. Read the directive here: FinalAllocationPolicy4.11.20v2
As the patient is being treated, many decisions need to be made along the way, often in rapid-fire...
Special Needs Trusts continue to be Vital for People with Disabilities
The term “special needs trust” is used to refer to a trust that’s for benefit of a person with disabilities who depends on means-tested public benefits that have income limits or resource/asset limits. Sometimes these are “first party trusts” — created by the disabled person (over age 18) or his parent, grandparent, or guardian with court permission, or by a...
What do you Do if You Can’t find the Will?
What do you do if you can’t find the Will? Your loved one has passed away, you have pulled yourself through the mourning period, and now you are ready to tackle the estate. You remember that your loved one had a Will — maybe they kept mentioning it, or maybe you knew that they had signed it at their lawyer’s office at some point. You remember that they had told you they were...
Breaking News: Bill signed to allow remote notarizing using audio-visual technology
These trying times have spurred New Jersey to venture into new ways to get things done. The lock-down has made it difficult for individuals in hospitals or nursing facilities, or people quarantined in their homes due to recent exposure to COVID-19 — as well as many others — to get documents notarized. Along with Powers of Attorney, Deeds, new investment account paperwork, insurance...
Estate Administration: Probate is the first Step When there is a Will
A Last Will and Testament designates an Executor who has legal authority to handle the estate assets. The Will also specifies who receives what, and in what way; the language of the Will specifies if the share is to be put in a Trust or is to pass outright, and who will receive the share if the named beneficiary has died. If assets are jointly owned or if they have named beneficiaries, they...
Petitions for Guardianship can still be Filed despite current difficulties
Advance planning with powers of attorney and health care powers of attorney is a good way to ensure that there is an authorized person to handle things and make decisions should a person become incapacitated due to stroke, accident or dementia. Of course there are plenty of situations in which no such documents were ever signed. When a person without such planning documents becomes...
County Surrogates Offices are working remotely, but some procedures are suspended
The Middlesex County NJ Assignment Judge has issued a Notice with details concerning procedures for filing and handling of cases in Middlesex County now that the courts are closed to in-person proceedings. mcba_county_procedures_3-31- Depending on the court, cases can be initiated electronically or by mail or drop off in an outside mailbox; mail is being held for 24 hours before...
COVID Emergency Highlights Importance of POLST
One of the most heartbreaking things about this emergency is the prohibition of in person visitation of loved ones who were already declining in facilities. Communication with facilities is less than ideal. Now, more than ever, healthcare workers need to know where legal decision-makers stand on treatments and possible interventions, because one never knows when COVID-19 will take hold.
The...