Gifts can cause Medicaid problems — and the formula is about to change
Nursing home care is very expensive in New Jersey and people often turn to Medicaid Long-Term Services and Supports (MLTSS) to pay for that care. The rules for the program are complicated, but with our proper guidance, eligibility can be obtained. I’ve written earlier posts about aspects of the application process. The application requires a 5 year lookback — 5 years of financial...
Can My Real Estate Transfer Affect My Eligibility for Medicaid?
When planning for long-term care and Medicaid eligibility, one of the most significant concerns for seniors and their families is how property transfers might affect their benefits. Understanding the relationship between real estate transfers and Medicaid eligibility is crucial for proper estate planning and ensuring access to necessary care.
Understanding Medicaid’s Look-Back Period...
Life insurance — a useful tool for estate planning and management
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...
Everything You Need to Know: Legal Guardianship for Adults with Disabilities
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...
True or False? Try this New Jersey Medicaid Quiz
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 $2,901 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...
Seniors Selling their Houses Shouldn’t wait until the Last Minute
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...
Tips for Court-Appointed Guardians
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...
How to Navigate Probate and Estate Administration With Less Stress
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...
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...
What is a Special Needs Trust and How Could Your Child Benefit?
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...