Elder Law News

What do you do if a person passes away without a Last Will and Testament? 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 estate of someone who dies without a Will is called “intestacy” or “an intestate estate,” which is Latin for “without a Will.” If a person owns assets that...

A Last Will and Testament is called “Last” because it’s the presumed final statement of the wishes of the person who has passed away. The terms need to be in writing and duly signed, witnessed, and notarized according to the law. (New developments to facilitate electronic signatures are a topic for a different day) These requirements are there in an effort to ensure that...

Judge William Martini of the Federal District Court for the District of New Jersey has issued a preliminary injunction barring the New Jersey Division of Medical Assistance and Health Services (DMAHS) from treating a certain type of annuity contract as a countable resource in connection with a Medicaid application. The case is JANE CUSHING, by her attorney-in-fact, Evelyn Fornale vs. Jennifer...

The latest release by the NJ Supreme Court outlines the latest rules concerning trials, scheduling, closings, and so on which will affect cases, lawyers  and litigants throughout New Jersey. Cases can still be filed but numerous adjustments are being made to the deadlines and procedures. Emergencies can be addressed, and all matters are going to be handled by telephone or videoconferencing....

Under some circumstances, courts have refused to uphold arbitration provisions in nursing home contracts. Oftentimes, these provisions are upheld. There are a variety of considerations, including the legal authority of the person who signed the contract; the adequacy of notice; the opportunity to read and consider the contract before signing; and other factors. In Estate of Ruszala vs...

On January 1, 2020, new federal rules went into effect relating to hardship distributions from 401(k)s and other ERISA plans. The new rule —  26 CFR 1.401(k)-1(d)(3)(ii)(B) —  broadens and changes the circumstances under which a 401(k) plan must be made available to employees.       Previously, a company with a 401K plan had the discretion to limit the ability of an active employee...

There are times that a personal injury action has been filed, but the plaintiff has cognitive impairments that impede his or her ability to fully participate in the litigation or understand the nature and impact of settlement discussions. In some instances, the cognitive impairment predated the filing of the lawsuit (or was allegedly caused by the negligent actions of the defendants). In other...

There’s a nationwide effort to encourage towns and cities to develop initiatives and programs that will make their communities more “age-friendly,” to encourage people to remain a part of the local community as they get on in years. Community initiatives have included outdoor upgrades such as better lighting, more benches, and better crosswalks, as well as expanded senior...

A client of mine recently told me about a situation in which their dear family member was the victim of a scam. Luckily, my client was able to notify Equifax to freeze the victim’s credit, and was able to notify the victim’s banks to place a scam alert on the accounts. The concerned family member had previously been designated as Agent under Power of Attorney, which enabled her to...

Several months ago I reported on  problems that were cropping up for people with irrevocable funeral trusts who apply for NJ Medicaid/MLTSS to pay for their nursing care, home care or assisted living. The issue is that once the funds are paid and the contract is signed, the contract is irrevocable and the funds cannot be returned to the purchaser at that time. Based on this irrevocability, the...