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...
Designating your representative can prevent a fight over your remains
I have been saying for years that taking the time to put things in order in proper legal documents can save a lot of headache and money in the long run. “Careful planning can prevent a crisis” has been one of my professional mottos for many years now. New Jersey has a statute that allows a person to sign a document that designates a Funeral and Disposition Representative who has...
Mass. Supreme Court rules that Stored Communications Act doesn’t bar Yahoo from release of decedent’s emails to his Estate’s Personal Representatives
People often wonder what happens to someone’s stored digital data such as emails, electronic banking, or facebook accounts if the person dies. This has been a vexing problem for surviving family members who wish to read or save that data as part of the family legacy. The federal Stored Communications Act (“SCA”), which is 18 USC 2701 et seq, prohibits disclosure of the...
Estate Recovery and Medicaid Liens
“If I go into a nursing home, will the State take my house?” This is a commonly-asked question. The answer is “No, but …” If a person applies for long-term care Medicaid benefits, his available assets have to be below a certain level. The house he owns generally has to be listed for sale (called a “Plan of Liquidation”), but this requirement is waived...
Why would an 18-year old need a Power of Attorney or a Will?
“Powers of attorney are for old people.” “I don’t need a Will, I don’t own anything!” Truth be told, signing a basic set of ‘estate plan documents” at age 18 can prevent expensive legal problems later. It’s like fire insurance — you get it, but hope you don’t need to use it. I have been in court on so many occasions when an...