Blog: News & Insights

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...

Legal guardianship for adults with disabilities is a crucial protective arrangement that ensures vulnerable individuals receive proper care and support throughout their lives. At Fink Rosner Ershow-Levenberg Marinaro, LLC, our experienced elder law attorneys understand the complexities of guardianship law and help families navigate this important legal process. Understanding Legal...

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...

While it is never easy to lose someone you love, being burdened with the responsibility of taking care of their estate makes the process even more miserable. But fear not, help is available!! The probate process and estate administration are legal procedures that have to be followed to address the assets of the deceased. In this article, we will walk through the probate process and what 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...

Planning for the future of a child with disabilities involves unique considerations. One essential tool that can provide significant benefits is a special needs trust. This type of trust can ensure that your child has the supplemental financial resources they need without jeopardising their eligibility for means-tested government benefits. In this guide, we will explore what a special needs...

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...