Our Elder Law attorneys are compassionate advocates who specialize in long term care planning.
Elder Law is a specialized field of practice that focuses on the needs of the elderly, the disabled and their families. Working closely with you and your loved ones, our certified elder law attorneys and professionals will develop compassionate strategies that protect your assets, provide for optimal long-term healthcare, and ensure that your assets and final wishes are efficiently passed on to your beneficiaries.
Government Benefit Planning
The estate you’ve worked a lifetime to build can be quickly depleted due to the high cost of medical issues and long-term healthcare. While there are numerous programs and services for the elderly and disabled that cover these costs, finding and understanding them can be overwhelming. We’re here to help you navigate the government benefit maze, file the necessary applications and advocate for you if any issues arise with your application or the benefits you receive.
Families that are confronted with serious long-term healthcare needs are often faced with the prospect of financial devastation. Proper Medicaid planning allows you to minimize the financial burden of expensive long-term healthcare and spare your loved ones the frustration associated with establishing long-term care. We provide a wide range of Medicaid planning services, including capital preservation plans, spend down strategies and crisis intervention advocacy, so you can make a seamless transition from private pay to Medicaid.
We go above and beyond most law firms by offering a highly experienced team of client care coordinators who advocate for our elderly and disabled clients. Whether your loved one is living at home, an assisted living community or a skilled nursing facility, you’ll be comforted by the fact that their care is supervised by someone who is well-versed on the availability, cost and quality of local resources. Our care coordinators deliver compassionate, hands-on service, including regular visits to ensure your loved one’s needs are being met, and frequent collaboration with geriatric care managers, social workers and other professionals.
Guardianships are frequently used to ensure proper care for individuals with physical or mental disabilities. The appointment of an uncontested guardianship can appear to be a simple proceeding, but the process is often fraught with pitfalls and emotionally demanding situations. We pride ourselves on making this emotional process easier on the family and friends of the proposed ward. If you are considering initiating this process, we can explain your options and offer guidance regarding the court proceeding, and the ongoing judicial oversight of your duties and responsibilities
We’re here to ensure that your estate planning wishes are realized in a coordinated and thoughtful manner. We accomplish that by designing bespoke strategies built around your specific legal, financial and medical concerns, as well as your family’s unique dynamics. But we’re not just about strategy – our team of certified elder law attorneys and professionals will be right alongside you, actively guiding you and your loved ones through every step of the planning, probate and administration process. We handle a wide range of issues, including:
- Revocable Living Trusts
- Powers of Attorney
- Health Care Directives
- HIPAA Authorizations
- Irrevocable Trusts
- Life Insurance Trusts
- Family Limited Partnerships
- Qualified Personal Residence Trusts
- Gift Programs
- Retirement Trusts
- Minors’ Trusts
- Special Needs Trusts
Estate administration is the process of distributing your assets to your heirs or beneficiaries after your death, as well as resolving final obligations such as debts, expenses and taxes. Our attorneys have administered hundreds of estates, including the distribution of probate assets, which must go through a court-supervised process before passing to a beneficiary.
Many individuals are overwhelmed by the prospect of resolving a dispute involving the estate of a loved one. Not only are there legal and financial issues to tackle, but emotional ones as well. Our attorneys and former judges frequently find amicable, cost-effective resolutions through the mediation and arbitration process, and when necessary, through litigation.
We handle estate dispute matters in New Jersey, New York, Pennsylvania and Colorado, and address a broad range of issues, including:
- Will Contests
- Removal of Fiduciaries
- Trust Reformation
- Will and Trust Construction
- Accounting Disputes
- Improper Disputes
- Improper Gifts and Transfers
- Misconduct by Power of Attorney
In many situations, your loved ones are not in the best position to serve as a trustee, or they lack the time to effectively serve in that capacity. When that happens, smart families and individuals turn to us. Besides bringing our experience and compassion to the table, we’ll ensure that the various professionals that play a role in your trust, including accountants, financial advisors and care management professionals, are acting in unison and in your best interest.
Special Needs Trusts
We offer a full range of services for families with disabled individuals, including drafting and executing special needs trusts, and serving as trustees. Through a special needs trust, a beneficiary can receive gifts, lawsuit settlements and other funds without being denied eligibility for government programs such as SSI and Medicaid. A properly structured special needs trust can also be set up in your last will and testament, as a way for you to leave assets to a disabled relative. We also help our clients establish supplemental benefits trusts, designated to protect the inherited assets of physically or mentally disabled individuals.
When it comes time to execute your last will and testament, our elder law attorneys are there to deliver a trustworthy and unbiased outcome. There are many reasons you might want to engage a trusted advisor to handle this process. Maybe you don’t want to burden your close relatives with the execution of your final wishes, or possibly your family dynamics warrant the use of a trusted advisor to complete the process. Whatever your motivation, you can count on us to deliver an efficient result.
Donald Dennison featured in Best of Essex article discussing “Plan Today for Tomorrow”
September 27, 2023
Mandelbaum Barrett PC Elder Law attorney Donald Dennison, Esq. was recently featured in a Suburban Essex’s Best of Essex article titled “Plan Today for Tomorrow.” In the article, Donny, a 2022 Best of Essex Gold Medal winner, discusses why it’s so important to put your wishes in writing. “Most people delay this type of planning […]
Richard Miller and Shawna Brown to speak on NJICLE panel discussing “Guardians Ad Litem- How They Work & How to Get Appointed”
August 23, 2023
On September 20th, 2023, Richard Miller, Esq., Chair of Elder Law and Co-Chair of Special Needs and Shawna Brown, Esq., Counsel in the Elder Law and Special Needs Practice Groups at Mandelbaum Barrett PC will join a distinguished panel of Judges and practitioners for an NJICLE CLE webinar to share real world scenarios that give […]
Richard Miller, Esq. to present on NJICLE live webinar titled “Guardianships in 2023: The Basics and Beyond”
June 9, 2023
Richard Miller, Esq., Chair of Elder Law and Co-Chair of Special Needs at Mandelbaum Barrett PC will be presenting at the New Jersey State Bar Association‘s Live CLE Webcast on June 30th titled “Guardianships in 2023: The Basics and Beyond.” This seminar will provide a brief overview of the basics of guardianships of the person […]
Donald Dennison, Esq. interviewed by Nina Del Rio on 106.7 Lite FM radio show discussing “Medicaid Benefits and Eligibility at the End of the PHE”
April 5, 2023
During The Public Health Emergency (PHE) caused by the recent COVID-19 pandemic, the Division of Medical Assistance and Health Services (“DMAHS”) suspended routine redeterminations for most Medicaid beneficiaries. But now with the end of the PHE this month, many Medicaid beneficiaries are wondering how they will be impacted. Mandelbaum Barrett PC Elder Law attorney Donald “Donny” A. […]
The Elder Law Attorneys at Mandelbaum Barrett PC will present “Legacies Instead of Litigation” on April 18th
March 20, 2023
Our Elder Law Team will be presenting “Legacies Instead of Litigation” on April 18th at 8am at 3 Becker Farm Road in Roseland. You can attend in-person or via zoom and a light breakfast will be served. “Legacies Instead of Litigation – Tips to Stay Out of Court for the Aging Population.” The modern American […]
Mandelbaum Barrett PC Attorneys Named to Morris & Essex Magazines “Top Lawyers” List
March 6, 2023
Congratulations to 8 Mandelbaum Barrett PC Partners who were named by the magazine on their Top Lawyers 2023 list! The publication, which will appear in print in June 2023, looked at attorneys across more than 30 specialties, using DataJoe Research. They facilitated an online peer-vote process and created a Top Morris & Essex County Lawyer […]
Richard I. Miller to be a Guest Speaker for Proviser’s “Financial Planning for Families with Special Needs” Live Webinar
February 16, 2023
Mandelbaum Barrett PC Elder Law Chair Richard Miller, Esq. will be joining Vincent M. Blazewicz and Jill VanNostrand as a guest speaker for Proviser‘s “Financial Planning for Families with Special Needs” live webinar on February 23rd at 6pm. Topics covered will include ABLE accounts, beneficiary designations, life and disability insurance and estate planning.
Donald Dennison, Esq. to Present at the First Congregational Church of Montclair and Discuss “A Conversation on Elder Law for All Generations”
February 7, 2023
Join Mandelbaum Barrett PC Elder Law attorney Donald “Donny” A. Dennison, Esq. on Sunday, February 19th at the First Congregational Church of Montclair at noon for “A Conversation on Elder Law for All Generations.” This interactive discussion will cover the importance of establishing an estate plan, spotting issues that may be resolved through the use of counsel, […]
The Elder Law Attorneys at Mandelbaum Barrett PC to Present a “Hot Topics in Elder Law” Speaker Series Starting in March
January 31, 2023
The Elder Law Attorneys at Mandelbaum Barrett PC is excited to announce our new “Hot Topics in Elder Law” Speaker Series starting March 8th at 6pm at our Roseland campus. The topic for March will be “Myths and Misconceptions in Estate and Medicaid Planning.” Please contact email@example.com or (973)243-7969 for more details and to register. […]
Shawna Brown, Esq. to moderate and present NJICLE webinar titled “2023 Estate Planning for Non-Married Couples”
January 17, 2023
Today, many people choose to have committed relationships without getting married. These people often want to ensure their loved one still benefits from the relationship as if they were married. Mandelbaum Barrett PC Elder Law attorney Shawna Kirchner Brown, Esq. will be moderating and presenting a NJICLE webinar with industry colleagues on February 22nd discussing estate […]
Richard I. Miller and Donald Dennison interviewed for ROI-NJ article titled “No small matter: Business owners can face unique planning challenges, elder law expert says”
January 12, 2023
Mandelbaum Barrett PC Elder Law Chair, Richard I. Miller, Esq. was recently interviewed for the January 11, 2023 issue of ROI-NJ discussing the challenges for small business owners in terms of long-term care planning. He also addressed the issues for business owners and their spouses to qualify for Medicaid which is often needed to pay […]
Shawna Brown, Esq. to be part of NJICLE webinar titled “New York vs. New Jersey: Trust and Estate Planning, Administration, and Litigation on Both Sides of the Hudson”
December 29, 2022
On January 12th, 2023, Mandelbaum Barrett PC Elder Law attorney Shawna Kirchner Brown, Esq. will be part of a panel of industry thought leaders for a New Jersey State Bar Association CLE webinar titled “New York vs. New Jersey: Trust and Estate Planning, Administration, and Litigation on Both Sides of the Hudson.” This seminar will […]
The Elder Law attorneys at Mandelbaum Barrett PC to present Estate Planning seminar at Arbor Terrace Roseland titled “7 Biggest Estate Planning and Asset Preservation Myths”
December 20, 2022
The Elder Law attorneys at Mandelbaum Barrett PC are pleased to be presenting an Estate Planning Seminar to the families of Arbor Terrace in Roseland, NJ, sponsored by TheKey, on January 11th, 2023. Moderated by Elder Law Chair Richard Miller, Esq., attorneys Jason Marx, Esq., Shawna Kirchner Brown, Esq., Donald “Donny” A. Dennison, Esq. and Jacqueline Yarmo, Esq. will discuss the […]
Donald Dennison and Lynne Strober Receive Readers’ Choice Award in Elder Law and Family Law Respectively
December 12, 2022
Suburban Essex Magazine just released their 2022 “Best of Essex” Reader’s Choice Award winners and you might just recognize 2 of them! Congratulations to Mandelbaum Barrett PC attorneys Donald “Donny” A. Dennison, Esq. of our Elder Law Practice who received the Gold Medal for Elder Law and Lynne Strober, Co-Chair of our Matrimonial and Family Law Practice, who took […]
Donald Dennison, Esq. to Present at the NJICLE Annual Elder and Disability Law Symposium
November 29, 2022
New Jersey Institute for Continuing Legal Education’s Annual Elder and Disability Law Symposium is a must-attend program for every Elder and Disability Law attorney. Mandelbaum Barrett PC Elder Law attorney Donald “Donny” A. Dennison, Esq. will be delivering the Case Law and Legislative Updates during the webcast on December 8th, 2022. Learn more and register […]
Richard I. Miller to be part of panel at NJSBA Fall Conference on November 21st, 2022
November 21, 2022
Mandelbaum Barrett PC Elder Law Chair, Richard Miller, Esq. will be part of a panel of industry thought leaders presenting at the New Jersey State Bar Association Fall Conference this afternoon from 3:50 to 4:30pm. The online CLE is titled “In re Britney Spears: Guardianship Lessons from this Famous Case.”
Richard Miller, Esq. and Shawna Kirchner Brown, Esq. will join a panel of distinguished judges and legal professionals for a NJICLE seminar
August 30, 2022
Mandelbaum Barrett PC Elder Law Chair Richard Miller, Esq. and Associate Shawna Kirchner Brown, Esq. will join a panel of distinguished judges and legal professionals for a New Jersey Institute for Continuing Legal Education on September 29th at the New Jersey Law Center in New Brunswick. “Guardians Ad Litem – How They Work and How to Get Appointed” will take a […]
Congratulations to Donald “Donny” A. Dennison, Esq., who has been elected to serve on the Executive Committee for the New Jersey State Bar Association, Elder and Disability Law Section for 2022-2023.
June 24, 2022
Donny will be serving as the Legislative Chair and his responsibilities will include presenting new state and federal legislation to the Section for review, facilitating discussions within the Section about the applicable pieces of legislation, and presenting the Section’s position to the State Bar Association if the Section decides as a whole to support / […]
Mandelbaum Barrett PC Elder Law Chair Richard Miller, Esq. discussed how COVID has compounded the rise in estate litigation in blended families in an interview with ROI-NJ.
April 8, 2022
While no one can control complications that the pandemic brings, Mr. Miller said a lot of trouble could be avoided by people having an estate plan that contemplates the entirety of their family situation. https://bit.ly/3ungtDT
Donald Dennison, Esq. to speak at the NJSBA's 24th annual Elder and Disability Law Retreat
March 10, 2022
Mandelbaum Barrett PC Elder Law attorney Donald Dennison, Esq. will be presenting a "Case Law Update" at the New Jersey State Bar Association's 24th annual Elder and Disability Law Retreat on Thursday, March 24th at the New Jersey Law Center (also presented via Zoom).
Donald Dennison to present LGBTQIA+ Lunch & Learn to the Metro YMCA of the Oranges
March 7, 2022
Mandelbaum Barrett PC Elder Law attorney Donald Dennison, Esq. will be presenting a LGBTQIA+ Lunch & Learn to the Metro YMCA of the Oranges on Wednesday, March 23rd, 2022 at 7pm ET via Zoom.
The discussion will cover the importance of estate planning for both married and non-married couples – especially those who have children (minors). It will also touch on New Jersey's Laws Against Discrimination.
Richard Miller, Donald Dennison and Shawna Brown to present to the Passaic County Bar Association
February 9, 2022
The modern American family has undergone drastic changes during the last two generations. Now more than ever before, second or third marriages, each with their own children, unmarried significant others and caregivers who have served as quasi-family members for aging or disabled individuals are becoming more prevalent. As the concept of the American family evolves, so should our approach to effective estate planning counseling.
Shawna Brown to participate in CLE webinar titled "2022 Estate Planning for Non-Married Couples"
January 25, 2022
Regardless of marital status, estate planning is crucial. Are you an attorney who needs to learn more on this topic? One of our experienced Elder Law attorneys Shawna Brown will be participating in a CLE webcast discussing "2022 Estate Planning for Non-Married Couples" on February 16th at 9am ET.
Richard Miller Honored at New Jersey Judiciary's 2020 Pro Bono Attorney Recognition Event
October 29, 2020
Richard Miller was honored at the New Jersey Judiciary’s 2020 Pro Bono Attorney Recognition Event, hosted by Chief Justice Stuart Rabner. This annual event recognizes outstanding members of the New Jersey Bar who provide pro bono services which improve the lives of state residents and support the administration of justice. In the past year, Richard […]
Richard Miller and Shawn Brown Presented on NJSBA Webinar on Guardians Ad Litem
September 22, 2020
Richard Miller and Shawna Brown joined a distinguished panel of New Jersey judges and attorneys in the live webinar "Guardians Ad Litem: How They Work and How to Get Appointed," hosted by the New Jersey State Bar Association.
Richard Miller Answers a NJ.com Readers Question on Inheritance Tax
December 26, 2019
Richard I. Miller answered a NJ.com readers question on "Can I avoid the inheritance tax for nieces and nephews?" Read what Richard had to say here.
Shawna Brown Answers a NJ.com Readers Question on "I own a home with Mom. Can she qualify for the Senior Freeze?"
March 28, 2019
Shawna Brown, an Associate in Mandelbaum Barrett PC's Elder Law Practice Group answered a nj.com readers questions about whether or not an elderly mother can apply for the Senior Freeze if she shares a home with her daughter. Click here to read more.
Mandelbaum Barrett PC's March 2019 Elder Law Alert
March 5, 2019
Mandelbaum Barrett PC's March Elder Law Newsletter is now available. This month's issue discusses paid family caregivers through Medicaid, protecting your house after you move into a nursing home, and more. Click here to read this month's issue.
Mandelbaum Barrett PC's February 2019 Elder Law Alert
February 11, 2019
Mandelbaum Barrett PC's February Elder Law Newsletter is now available. This month's issue discusses Medicaid home care, costs of new long-term care insurance policies, and more. Click here to read this month's issue.
Richard Miller Spoke with ROI-NJ on Divorce and Remarriage Among the Aging Generation
February 1, 2019
Elder Law Chair Richard Miller spoke with ROI-NJ on divorce and remarriage among the aging generation and the financial consequences. Click here to read more.
Mandelbaum Barrett PC's January 2019 Elder Law Alert
January 7, 2019
The January Elder Law Newsletter is now available. In this issue you can read about Medicare Part B, Understanding Medicare's Hospice Benefit, and more. Click here to read this month's issue.
Mandelbaum Barrett PC's December 2018 Elder Law Alert
December 6, 2018
The December Elder Law Newsletter is now available. In this issue you can read about Medicare Supplemental Coverage, Nursing Home Surveillance and more. Click here to read this month's issue.
Shawna Brown Answers a NJ.com Readers Question on What Happens When Someone Who Owes Child Support Gets an Inheritance
October 3, 2018
What happens when someone who owes child support gets an inheritance? Shawna Brown, an Associate in the Firm's Elder Law Practice Group, answers a NJ.com reader's question on what happens when an ex-spouse has a judgment against them and receives an inheritance. Read what Shawna has to say here.
Mandelbaum Barrett PC's September 2018 Elder Law Alert
September 24, 2018
Check out our latest Elder Law alert that deals with a recent change to VA benefit rules by the VA. Click here to read more.
Richard Miller Spoke at Brightview Senior Living
September 5, 2018
Richard Miller, Chair of Mandelbaum Barrett PC's Elder Law Practice Group presented on September 5, 2018, to seniors at Brightview Senior Living in Randolph about "The Myths and Misconceptions of Elder Care Planning."
Richard Miller Answered a Star Ledger Readers Question on the Importance of Having a Will
July 30, 2018
Richard Miller, Chair of the Firm's Elder Law Practice and a Certified Elder Law attorney, recently answered a Star Ledger reader's question on the importance of having a will.
Richard Miller answers NJ.COM Biz Brain Reader's Question on New Jersey Inheritance Tax and the new Governor
October 11, 2017
Richard Miller, the Firm's Elder Law Practice Group Chair and Co-Chair of its Special Needs Practice Group, was recently asked by nj.com to answer a reader's question on New Jersey's Inheritance Tax and his thoughts on what the new Governor will do. Read Richard's response here:
Richard Miller to Speak at NJICLE Program on "Handling Contested Guardianships"
September 22, 2017
On Thursday October 5th Richard Miller, Chair of the Firm's Elder Law Practice Group and Co-Chair of its Special Needs Practice Group will be presenting as part of a panel on "Handling Contested Guardianships"at the New Jersey Law Center. This NJICLE course will cover what to do when the matter unavoidably ends up in a courtroom. Attorneys can learn tools to effectively represent their clients and learn about the latest cases dealing with guardianships and what the holdings mean to you!
Richard Miller answers NJ.Com "Biz Brain" question on Lowering an Estates Value Before Death
June 23, 2017
Richard Miller, Chair of the Firm's Elder Law Department, was featured in today's Nj.com "Biz Brain" section answering a readers question on lowering an estate's value before death. To read the full question and Richard's answer, click here.
Have You Ever Wondered What a Day in the Life of an Elder Law and Probate Litigation Attorney is Like?
September 26, 2023
Richard Miller, Esq., Chair of the Elder Law practice group at Mandelbaum Barrett PC has a Netflix recommendation for “Fisk”. Richard describes it as a “typical Thursday” in his practice! Check it out and let us know what you think.
Medicare Extra Help Program Set to Expand in 2024
September 14, 2023
Seniors and disabled citizens will receive more access to the Medicare Extra Help Program as of the beginning of 2024, the federal government announced. This expansion of benefits could enable up to 3 million people to reduce their prescription drug costs. What Is the Medicare Extra Help Program? The Medicare Extra Help Program assists older adults […]
What Are the Drawbacks of Naming Beneficiaries?
September 8, 2023
Although in many situations the advantages outweigh the disadvantages when selecting beneficiaries, there are always exceptions. What Is a Beneficiary? Beneficiaries are individuals who you select to receive money, various other assets, or specific bequests (such as sentimental items) upon your death. You can name these individuals in estate planning documents such as a will. […]
What Does Having Power of Attorney With Dual Agents Mean?
September 5, 2023
A power of attorney is among one of the most important incapacity planning documents you can have. It designates someone you trust with taking care of your affairs if you become unable to do so. In a power of attorney, you give one or more trusted people of your choice the right to manage your affairs […]
Home Health Services Underutilized by Seniors, Study Shows
August 30, 2023
Health Affairs estimates that 4 million older adults can only leave their homes with assistance, making accessing care challenging. The Centers for Disease Control and Prevention reports that 1.3 million Americans receive care in nursing homes. According to A Place For Mom, more than 810,000 reside in assisted living. Home health care presents an alternative to nursing homes […]
Elder Law and Special Needs Newsletter: August 2023 Issue
August 29, 2023
Don’t miss the August issue of our Elder Law and Special Needs newsletter. This month, our attorneys have rolled out their new vlogs to discuss industry hot topics, along with a corresponding article. We have also started a new “Meet our Team” spotlight and this month’s feature is our practice group coordinator, Mariah Hernandez. Read […]
Lady Bird Deeds: A Different Kind of Life Estate
August 23, 2023
Life estates are ways for you to transfer property to another party while retaining the right to live there until you pass away, or some other event occurs. As the grantor of the life estate deed, you become a life tenant of the property. What Is a Lady Bird Deed? Lady Bird Deeds, technically known […]
What to Know About Being a Health Care Proxy
August 18, 2023
When you assume the role of the health care proxy of a loved one, you make crucial medical decisions on their behalf. If your loved one becomes incapacitated and cannot communicate with health care providers, you are responsible for ensuring health care providers respect their preferences for care. If you are a health care proxy, […]
What You Need to Know About Applying for SSDI or SSI
August 15, 2023
The Social Security Administration pays disability benefits through the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program. Applying for disability benefits through the SSDI or SSI programs can be daunting. Here is a brief overview of how the application process works and what you can expect after you’ve applied. What Is Supplemental Security Income? […]
When Should I Include a Pour Over Will in My Estate Plan?
August 7, 2023
In creating an estate plan, you are proactively taking steps to ensure that your assets will be distributed according to your wishes in the wake of your death. One tool available to you in estate planning is known as a trust. There are numerous kinds of trusts. If you wish to maintain control, during your lifetime, […]
Responsibilities of a Special Needs Trust Trustee
July 31, 2023
For individuals with disabilities, an inheritance or settlement can jeopardize a their government benefits, such as Medicaid and Supplemental Security Income (SSI). A special needs trust (SNT) can help the individual remain eligible for these benefits while ensuring they have additional financial support. What Is a Special Needs Trust? A special needs trust (SNT) is a type of trust […]
3 Common Probate Questions: Estate Planning Basics
July 28, 2023
When people pass away, they leave behind assets, property and possessions that can have sentimental and real value for surviving family members and loved ones. Some assets transfer directly to heirs after a person’s death. These non-probate assets include payable-on-death bank accounts, insurance policies with designated beneficiaries, trust funds and jointly held assets with survivorship […]
Which Should I Choose? Nursing Home Care vs. Hospice Care
July 24, 2023
End-of-life decisions are never easy. One of the most important decisions you may make regarding health care as you age could be whether you need a nursing home or hospice care. To make the best choice for you and your family, it helps to know the difference between the nature of the care provided through […]
Do You Need a HIPAA Release?
July 24, 2023
If you are in the hospital, you may want your loved ones to be able to access information about your prognosis. However, if you have not authorized them to receive specifics regarding your medical condition, they could be denied these details. What Is HIPAA? The Health Insurance Portability and Accountability […]
Is “Aging in Place” Right for Me?
July 14, 2023
Most older adults want to remain in their homes and communities as they age rather than move into assisted living facilities or nursing homes. For those who wish to maintain their independence and continue living at home as they grow older, taking certain steps to protect their physical, mental, and financial welfare is essential. What […]
Protecting New Jersey’s Nursing Home Residents from Questionable (and potentially illegal) Nursing Home Practices
July 14, 2023
The Office of the New Jersey Long Term Care Ombudsman (NJLTCO) was established under the federal Older Americans Act (1965) and exists to advocate for residents of New Jersey’s 350+ nursing homes and other long-term care facilities. The NJLCTO Office is responsible for investigating complaints of nursing home-related abuse, neglect, financial exploitation and harassment, among […]
Elder Law and Special Needs Newsletter: July 2023 Issue
July 14, 2023
The Elder Law and Special Needs Practice Groups at Mandelbaum Barrett PC are pleased to bring you their July newsletter. In this issue, our attorneys cover the Aretha Franklin estate trial and verdict, estate planning Q&A, as well as consequences of not using a Medicare Set-Aside account and the latest happenings in our department. Read […]
Jury Verdict: Aretha Franklin’s Estate
July 13, 2023
POSTSCRIPT in The New York Times – Read Here. After less than an hour of deliberation, a six-person jury in a Pontiac, Michigan probate court determined that a document from 2014 found in a spiral notebook in the couch cushion of the late soul singer Aretha Franklin, should serve as her will. Franklin’s sons had […]
The Debate over Aretha Franklin’s Estate
July 11, 2023
A trial is set to begin this week in Pontiac, Michigan to determine which of two handwritten wills best reflects the testamentary wishes of the Queen of Soul, Aretha Franklin. The singer did not leave a formal will, though she was engaged in estate planning with an attorney that was not concluded prior to her […]
Do You Need a Trust?: Estate Planning Q&A
July 6, 2023
According to the 2023 Wills and Estate Planning Survey by Caring.com, only 34 percent of Americans have an estate plan. The primary reasons respondents gave for not participating in estate planning are: An estate plan is a comprehensive set of legal documents and strategies that organizes assets for a person’s death or disability. Trusts are legal arrangements […]
Consequences of Not Using a Medicare Set-Aside Account
July 5, 2023
Those who obtain a workers’ compensation settlement for future medical expenses must create a Medicare Set-Aside (MSA) Account to preserve their eligibility for Medicare. This separate, interest-bearing account pays for medical costs related to the worker’s injury. After the funds are exhausted, Medicare provides coverage for medical fees related to the injury. Why You Should Create an […]
Why You Should Designate Beneficiaries
June 30, 2023
According to WealthCounsel, over a third of Americans have experienced or witnessed familial conflict when someone dies without an estate plan. While most people believe having an estate plan is important, only a third have a plan in place, per Caring.com’s 2023 Wills Survey. While most adults in the United States think all they need for an […]
Estate Planning for Your Digital Legacy
June 21, 2023
One aspect of your estate plan that you may not yet have taken into consideration is your digital legacy. Arranging what happens to your digital assets and information when you pass away has become an increasingly essential component of financial literacy — and comprehensive estate planning. According to Pew Research, the number of adults in the […]
Elder Law and Special Needs Newsletter – June 2023 Issue
June 9, 2023
Our Elder Law and Special Needs attorneys are pleased to present their June newsletter. Check it out for articles on Hot Topics including why you don’t want to wait until you’re sick to create an estate plan. It also highlights our team’s recent and upcoming events and presentations. Read the full newsletter here.
Don’t Wait Until You’re Sick to Create an Estate Plan
June 2, 2023
In the wake of the pandemic, rising inflation, mass shooting tragedies, and other events, more people recognize that they need to plan for the future. Yet while financial planning has been at the top of many Americans’ minds, a vast majority of people have stalled in creating an estate plan. According to a new study […]
What Is a Qualified Personal Residence Trust (QPRT)?
May 23, 2023
A qualified personal residence trust (QPRT) is an irrevocable trust used to achieve estate and gift tax savings. The basic idea behind a QPRT is to transfer the equity in a qualified residence out of a person’s estate and to their heirs while reaping lower transfer tax consequences. A QPRT can also be used to prevent creditors […]
What Is IRMAA and How Does It Affect My Medicare Premiums?
May 16, 2023
As we near retirement, we may assume that once Medicare kicks in, our medical insurance premiums will be fixed. However, many people may not realize that there are special rules regarding how much they pay for Medicare Parts B and D if they are in a higher income range. What Is IRMAA? If the Social Security Administration […]
Who Can Override a Power of Attorney (POA)?
May 8, 2023
A power of attorney (POA) is a legal agreement that gives a person (agent) the ability to act on behalf of another person (principal). A common question asked about POAs is under what circumstances a person can override them. POAs can be overridden. However, the “who” and “how” depends on whether the principal is of sound mind. […]
Appointing an Executor? Here’s What an Executor Cannot Do
May 4, 2023
The person you name as your executor will be accountable for a number of important tasks, even in managing the administration of a small estate. This may include filing tax returns, keeping meticulous records, and distributing assets to your beneficiaries. At the same time, there are rules about what the person in this role is […]
Does Power of Attorney End at Death?
April 21, 2023
A power of attorney is a powerful planning document that enables you (the principal) to give another person (the agent or attorney-in-fact) the power to act for you while you are alive. Because it is often prepared in the context of estate planning, many believe it gives their agents the power to continue acting after their death. […]
What Does the Term “Decedent” Mean?
April 13, 2023
“Decedent” is a legal term that refers to a person who has died with unsatisfied legal obligations. At the end of their life, a decedent has some legal duties that must be fulfilled through a representative. For example, decedents remain obligated to satisfy certain debts incurred during their life and file their last income tax […]
Step-Up in Basis and Why It Matters in Estate Planning
March 21, 2023
Recent news stories may have made you aware of the “step-up in basis” and the current administration’s desire to eliminate or adjust it. If you are considering engaging in estate planning or you may be inheriting assets, it is important to understand what the step-up in basis is and how it may affect you. What […]
How to Become a Legal Guardian in New Jersey
March 20, 2023
Becoming a legal guardian in New Jersey can be a complex and time-consuming process, but it can also be a rewarding experience for those dedicated to providing care and support to individuals who are unable to make decisions for themselves. When Guardianship Becomes Necessary In New Jersey, guardianship may become necessary when an individual cannot […]
What Are the Benefits of Having a Testamentary Trust?
March 17, 2023
There are various benefits to creating a testamentary trust. This article discusses the benefits of adding a testamentary trust to your estate plan. What Is a Testamentary Trust? A testamentary trust allows a testator to manage wealth by giving a trustee instructions for distributing their property after the testator’s death. A testamentary trust is a part of the testator’s […]
Mandelbaum Barrett PC Elder Law and Special Needs Newsletter: February 2023 Issue
February 27, 2023
The Elder Law and Special Needs Departments at Mandelbaum Barrett PC are pleased to bring you our February newsletter in its new and improved format. Check out the Hot Topics and industry events our team has been busy with. As always, we would love to hear your feedback! Read the full newsletter here.
Trouble in Graceland
February 13, 2023
One month after the sudden passing of Lisa Marie Presley, a dispute over who should control her estate has cast a cloud over Graceland. Lisa Marie Presley was the only child of Rock ‘N Roll legend, Elvis Presley, and his ex-wife, Priscilla Presley. Elvis’ Will left his estate to his father, Vernon Presley, his grandmother, […]
Support a Charity – and Your Loved Ones – With a CLAT
February 6, 2023
A charitable lead annuity trust (CLAT) is an estate planning tool whereby a person (grantor) creates a trust that initially benefits a charitable organization, foundation, or other qualifying entity for a defined period. After this time ends, the CLAT’s remaining assets are distributed to non-charitable beneficiaries, usually a grantor’s loved ones or family members. Depending […]
What Does It Mean to Be Estranged?
January 19, 2023
Estrangement refers to a breakdown in a relationship, such as a relationship with a spouse or family member, where there is no longer any communication, or communication has become hostile, and the individuals lead separate lives. Although estrangement can significantly impact individuals’ lives, it is not a legal term and, in many cases, might not […]
Social Security Disability Benefits to Rise for 2023
January 11, 2023
The Social Security Administration has announced that its beneficiaries will see a significant increase – totaling nearly 9 percent – in their monthly Social Security checks come January 2023. This cost-of-living adjustment (COLA) is the largest boost to Social Security benefits in more than 40 years. The increase for 2022 was 5.9 percent. Supplemental Security Income (SSI), […]
No Will? You’re Putting Your Kids at Risk
January 9, 2023
Many people delay the conversation or thoughts of having to prepare a will. Confronting the possibility of one’s death is not easy. However, as the recent death of Anne Heche shows us, not having a will can place a significant burden on your children and cause undesirable complications. Even if difficult, planning ahead may be […]
Section 8 Housing Choice Voucher Program Enrollment
January 6, 2023
The New Jersey Department of Community Affairs (DCA) will soon begin accepting pre-applications for the Section 8 Housing Choice Voucher (HCV) Program. The enrollment period will run from Tuesday, January 17th, 2023 at 9am until Friday, February 3rd, 2023 at 5pm. This is a federally funded program to provide housing subsidies to New Jersey residents in order […]
Elder Law and Special Needs Newsletter: January 2023 Issue
January 5, 2023
In the January issue of our Elder Law and Special Needs Newsletter, our attorneys share some of their recent articles on industry hot topics, such as “5 Reasons for Seniors to Celebrate in 2023.” We also highlight recent and upcoming events including our Elder Law Team (Richard Miller, Esq., Jason Marx, Esq., Shawna Kirchner Brown, Esq., Donald “Donny” […]
IRS Raising Annual Gift Tax and Estate Tax Exclusions in 2023
January 3, 2023
Although inflation is generally nothing to be pleased about, the IRS recently announced inflation-adjusted changes to the annual gift tax and estate tax exclusions for 2023. If you are considering wealth transfer tax planning, these are welcome increases. Gift Tax Annual Exclusion Effective January 1, 2023, the gift tax annual exclusion will increase from $16,000 […]
5 Reasons for Seniors to Celebrate in 2023
December 29, 2022
It has been a tumultuous few years. Amid a continuing pandemic, tense midterm elections, and a war in Ukraine, we have grappled with more than our fair share of grim news. However, with the new year upon us, there are some silver linings — in particular for seniors. Here are five reasons for seniors to […]
What Is the Difference Between a Springing and Non-Springing Power of Attorney?
December 14, 2022
A power of attorney is a document that grants various powers and responsibilities to a trusted third party or “agent” who can act on your behalf. This document usually only allows an agent to make non-medical decisions on your behalf. A power of attorney can be a valuable planning tool that lets you decide in […]
Majority of Adult Children Cannot Support Boomer Parents, Surveys Find
December 2, 2022
A recent survey by the American Advisors Group (AAG) finds that 55 percent of adult children say they are not financially prepared to help their Baby Boomer parents cope with rising inflation and living expenses. “Americans want to see their parents age with grace and dignity and have the resources they need to live comfortably, but for […]
Medicare Open Enrollment Reminder
December 1, 2022
The Medicare open enrollment period runs through December 7th, 2022. Medicare adjusts costs, coverage, and accepted providers on an annual basis. If you have received “Evidence of Coverage,” or an “Annual Notice of Change,” from Medicare, now is the time to review your coverage, and, if necessary, make changes to your Medicare healthcare plan to […]
What Is a Life Estate?
November 21, 2022
When discussing estate and Medicaid planning, the phrase “life estate” is sometimes mentioned, but what does it mean? A life estate is a form of joint ownership that allows one person to remain in a house until his or her death, when it passes to the other owner. Elder law attorneys use life estates to help avoid probate […]
Five Ideas to Consider when Exploring Home Health Care Options for an Aging Loved One
November 18, 2022
Anyone who has considered home health care for an aging loved one will undoubtedly remember how daunting the process can be. From the foreign terminology to the overall structure of an individual care plan, enrolling a loved one in a home care program may cause a great deal of frustration for families experiencing this process […]
Getting Medicare Food Benefits
November 15, 2022
As people age, accessing healthy meals can become more challenging. According to Feeding America, one in five older adults was food-insecure in 2020. Some older adults struggle with affording healthy foods, whereas others have difficulty going to the grocery store and preparing meals when recovering from an illness or injury. Although original Medicare does not offer […]
Nursing home residents’ rights at risk in new SCOTUS case
November 14, 2022
More than 83 million people access Medicaid services, many of whom are elderly or disabled and using Medicaid resources to fund their residence in a long-term care facility. If you or a loved one are one of these people, you may be interested in the recent case being argued before the Supreme Court last week. […]
What Happens to My Frequent Flyer Miles When I Pass Away?
October 26, 2022
Accumulated frequent flyer miles can be valuable assets, but what happens to those miles after someone dies? Can a spouse or other heirs inherit them, or do the miles simply evaporate like a contrail? Whether they can be inherited depends on the airline, and in most cases, airlines will point out in their terms and […]
How Much Long-Term Care Insurance Should You Purchase?
October 12, 2022
Long-term care insurance helps you prepare for financial costs associated with aging, such as nursing home care, assisted living, or in-home care. Yet long-term care insurance policies vary widely in terms of the amount of coverage and how long the protection lasts. The Average Costs of Care The 2021 Genworth cost of long-term care survey provides national […]
What You Should Know About Nursing Home Admissions Contracts
October 5, 2022
They cannot require you to be financially responsible for your loved one’s care. Approximately 48 million adults in the U.S. are caring for an adult with health or functional limitations, and nearly one in six is adults is caring for someone aged 50 or older through illness or disability. Nursing homes and residential care facilities […]
Four Provisions People Often Forget to Include in Their Estate Plan
October 3, 2022
Even if you’ve created an estate plan, are you sure you included everything you need to? There are certain provisions that people often forget to put in a will or estate plan that can have a big impact on a family. 1. Alternate Beneficiaries One of the most important things your estate plan should include is at […]
Is a Qualified Disability Trust Right For Your Estate Plan?
September 30, 2022
Many individuals engaging in estate planning opt to create a third-party special needs trust to provide for their loved one living with a disability. However, did you know that these trusts may have to pay taxes on any income generated from the trust assets and retained by the trust for future use? If the trust is […]
How You Can Help Your Loved Ones by Planning Your Funeral Arrangements
September 28, 2022
When an individual passes away without a funeral plan, responsibility for arranging the funeral often falls on the deceased’s close family members, such as surviving spouses and children. Planning your own funeral arrangements can assist your loved ones in an emotionally challenging time, while also protecting them from incurring extraneous costs. According to the National […]
Don’t Yet Want Your Heirs to Know About Your Assets? Use a Quiet Trust in Your Estate Plan
September 15, 2022
Trusts are great tools for leaving assets to your heirs while maintaining control over their access to those assets. In many cases, you would tell your beneficiaries that you have made a trust for them. However, this is not always desirable — and this is where a “quiet” trust may be helpful. A quiet trust is […]
How Long Should I Hold on to Important Documents?
September 7, 2022
It is hard to know what documents to trash and when. Before you know it, your spare room, office, basement, or garage is overflowing with boxes of papers that all seem important. Trying to weed through the mess and figure out what to toss? Keep reading. Which Documents Should I Keep? There are some documents […]
How Changes to Portability of the Estate Tax Exemption May Impact You
September 1, 2022
On July 8, 2022, the Internal Revenue Service issued new guidance that allows a deceased person’s estate to elect “portability” of their unused gift and estate tax exemption for up to five years after their death. So, if your spouse passed away less than five years ago, you may be able to file an estate […]
It Pays to Be a Smart Shopper When Buying a Medigap Insurance Policy
August 29, 2022
Medigap premiums for plans from insurance companies offering the same benefits vary widely, so it pays to be a smart shopper. Federal law requires that each insurance company offers the same benefits for each of the Medigap plans lettered A through M, but each company sets its own premium rates. A Medigap insurance company sets […]
What You Should Consider Before Scattering a Loved One’s Ashes
August 26, 2022
Where Do You Want to Scatter the Ashes? The place you choose to spread your loved one’s ashes is very important. The rules for spreading someone’s ashes are different depending on the type of location. Is the Area Private or Public Property? The biggest question about location is whether the property is public or […]
Keeping Your Emergency Contacts and Medical Information Updated for First Responders
August 24, 2022
If medical personnel are able to access your medical history during an emergency, it could mean the difference between life and death. But if, for example, you are injured, in shock, suffering from dementia, or are otherwise incapacitated, you may not be able to provide that information yourself. There are several systems readily available to […]
Is a Grantor Retained Annuity Trust Right For You?
August 19, 2022
What is a GRAT? Grantor Retained Annuity Trusts (GRATs) are a mechanism by which wealthier individuals and couples can transfer appreciating assets to their heirs and minimize gift or estate taxes. High-net-worth individuals and couples can use GRATs to freeze the value of their estates and transfer any increase in the value of their assets […]
The Powers and Responsibilities of Representative Payees
August 18, 2022
Do you have a friend or loved one who receives Social Security and is unable to manage her payments? If so, you can request that the Social Security Administration (SSA), the government agency that disburses Social Security, name you as the representative payee for that person. Being a representative payee gives you the power and […]
When Is a Nursing Home Eviction Legal, and What Can I Do?
August 10, 2022
Nursing home evictions, or involuntary discharges or transfers, disrupt the lives of residents, leading to homelessness, separation from familial support systems, and loss of care. As federal law covers all federally funded nursing home residents, nursing home evictions are legal only in particular instances, such as: The nursing home can no longer provide for a resident’s needs. […]
The Ins and Outs of Estate Sales
August 9, 2022
Following the death of a family member, you may find yourself needing to sort through many possessions accumulated over the deceased’s lifetime. An estate sale is one way to distribute those items that you do not want or need quickly and efficiently. While selling someone’s furniture, jewelry, artwork, antiques, and other belongings yourself can mean […]
What is an Executor?
July 28, 2022
An executor is the person or institution responsible for managing the administration of a deceased person’s estate. The executor (also called a personal representative) is either named in a will or appointed by the court, if there is no will. In addition to an individual, a bank, trust company, or other institution can serve. Executors are […]
Some Social Security Beneficiaries Can Get Retroactive Payments — But at a Cost
July 26, 2022
If you need a lot of cash on hand upon retirement, Social Security offers a lump-sum payment option that’s worth six months of benefits. However, it comes at a cost. It is important to understand the details before agreeing to the payment. If you have waited beyond your full retirement age (66 for those born […]
Dynasty Trusts: A Tax-Efficient Way to Pass Wealth Down Through the Generations
July 25, 2022
If you want to pass money to future generations without having it subject to gift and estate taxes, then a dynasty trust may be right for you. A dynasty trust allows trust assets to be used for the benefit of multiple generations while keeping the assets out of the grantor’s and the beneficiaries’ taxable estates. […]
How to Get Into a Nursing Home as a Medicaid Recipient
July 20, 2022
While Medicaid helps pay for nursing home care, being admitted to a nursing home as a Medicaid recipient is not always easy. There are several ways to navigate the process, depending on your situation. With the median cost of a nursing home room being more than $250 a day, most families need help paying for long-term care. […]
How to Deal with an Estranged Child in Your Estate Plan
July 19, 2022
Unfortunately, not all families get along. If you are having problems with one of your children, you may not want them to benefit from your estate. There are several strategies for dealing with an estranged child in your estate plan. Depending on the level of estrangement and the reasons for the estrangement, the following are […]
Using an Intentionally Defective Grantor Trust to Transfer Assets
July 12, 2022
An intentionally defective grantor trust (IDGT) is a common estate planning tool that is used by wealthy families to transfer assets from one generation to the next while achieving significant tax savings. IDGTs are especially useful if you have assets that will appreciate significantly over time. An IDGT is “intentionally defective” because it purposely […]
What to Do if You Want to Leave Your Children Unequal Inheritances
July 11, 2022
Parents usually want to leave their children equal shares of their estate, but equal isn’t always fair. If you plan to provide more (or less) for one child in your estate plan, preparation is important. It is natural for parents to want to treat their children equally in their estate plan, but there are some […]
Medicare Advantage Plans Often Wrongly Deny Necessary Care, Study Finds
July 8, 2022
In an alarming number of instances, private Medicare Advantage plans are denying coverage for medical services that would be covered under original Medicare, according to a federal investigation. These denials are likely preventing or delaying medically necessary care for tens of thousands of Medicare Advantage beneficiaries each year. The investigation by the Department of Health and […]
Filial Responsibility: Requiring Adult Children to Pay for Aging Parents’ Care
July 6, 2022
Did you know that in many states you could be responsible for your parents’ unpaid medical bills? In fact, more than half of all states currently have laws making adult children financially responsible for their parents, including their parents’ long-term care costs. However, these laws are rarely enforced. Notably, New Jersey does not have filial […]
The Tax Consequences of Selling a House After the Death of a Spouse
July 5, 2022
If your spouse dies, you may have to decide whether or when to sell your house. There are some tax considerations that go into that decision. The biggest concern when selling property is capital gains taxes. A capital gain is the difference between the “basis” in property and its selling price. The basis is usually […]
Can My Family Inherit My Season Tickets?
June 17, 2022
Sports fans with season tickets may want their families to enjoy the tickets after they are gone, but passing on these tickets may not be simple. Getting season tickets to your favorite sport is not always an easy task. Season tickets for some teams can cost a lot of money and require time on […]
Should You Prepare a Medicaid Application Yourself?
June 17, 2022
Navigating the Medicaid application process can be complicated, especially if you are applying for long-term care benefits. Hiring an attorney to help you through the process can be extremely helpful. Whether you should prepare and file a Medicaid application by yourself or should hire help depends on answers to the following questions: How old is […]
Three Warning Signs That You May Need a Professional Trustee
June 17, 2022
Sometimes a parent or relative of a person with special needs will establish a special needs trust for their family member and decide to serve as the sole trustee of the trust. In other cases, a parent won’t want to serve as trustee, but will ask a close friend or family member to serve without […]
What to Do If Your Medicaid Application Is Denied
June 17, 2022
If you apply for long-term care assistance through Medicaid in New Jersey and your application is denied, the situation may seem hopeless. The good news is that you can appeal the decision. Medicaid is a program for individuals with minimal resources, so it has strict asset eligibility requirements. Qualifying for Medicaid requires navigating the complicated […]
5 Rights That Trust Beneficiaries Have
June 17, 2022
As a trust beneficiary, you may feel that you are at the mercy of the trustee, but depending on the type of trust, beneficiaries may have rights to ensure the trust is properly managed. A trust is a legal arrangement through which one person, called a “settlor” or “grantor,” gives assets to another person (or […]
Why Small Business Owners Need an Estate Plan
June 17, 2022
Running a small business can keep you busy, but it should not keep you from creating an estate plan. Not having a plan in place can cause problems for your business and your family after you are gone. While an estate plan is important for everyone, it is especially important for small business owners. Planning […]
Using a Roth IRA as an Estate Planning Tool
May 9, 2022
A Roth IRA does not have to be used as just a retirement plan; it can also be a way to transfer assets tax-free to the next generation.
Unlike a traditional IRA, contributions to a Roth IRA are taxed, which means that the distributions are tax-free. Also, unlike a traditional IRA, you are also not required to take any distributions on a Roth IRA, regardless of your age. If you don't need the money for retirement, you can leave all of it in the IRA to grow tax-free and eventually pass on to your heirs.
How Long Does an Executor's Job Take?
April 26, 2022
Being the executor of an estate can be a time-consuming job, depending on the size and complexity of the estate. While a simple estate can take a few months and not require a huge time commitment, if there are problems, the job can drag on for years.
An executor is the person responsible for managing the administration of a deceased individual's estate. Although the time and effort involved will vary with the size of the estate, even if you are the executor of a small estate you will have important duties that must be performed correctly or you may be liable to the estate or the beneficiaries.
If You Don't Want an IRA Distribution, You Can Donate It to Charity
April 19, 2022
Not everyone wants to take the required minimum distributions from their retirement accounts right away. If you don't want your distribution, one option is to donate it to charity and get a tax deduction.
You are required to begin taking distributions from your tax-deferred IRA when you reach age 72 (70 ½ if you turned 70 ½ in 2019 or before) even if you don't need the money. The distributions are added to your income and taxed at your highest marginal rate, perhaps even at a higher rate than your other income if you're right at the threshold between two rates. You're more likely to have to pay a higher rate on this income if you are still working.
What Is Undue Influence?
April 18, 2022
Saying that there has been "undue influence" is often used as a reason to contest a will or estate plan, but what does it mean?
Undue influence occurs when someone exerts pressure on an individual, causing that individual to act contrary to his or her wishes and to the benefit of the influencer or the influencer's friends. The pressure can take the form of deception, harassment, threats, or isolation. Often the influencer separates the individual from their loved ones in order to coerce. The elderly and infirm can be especially susceptible to undue influence.
Arbitration Clause in Last Will and Testament Found to be Unenforceable by New Jersey Superior Court
April 11, 2022
Both lawyers and non-lawyers alike are familiar with arbitration clauses found in contracts. Whether the arbitration clause is found in a nursing home admissions agreement, or everyday "adhesion contracts" (for example, contracts governing the use and enjoyment of social media platforms), arbitration clauses can be found nearly everywhere – except a Last Will and Testament according to a recent New Jersey Superior Court decision.
What is Elder Law?
March 4, 2022
When I was admitted to the New Jersey State Bar four (4) years ago, I dove into the practice of elder law headfirst and I don't regret it. Since that time, I have encountered a re-occurring question from both practitioners and non-practitioners alike: "what is elder law?" It is a fair question, and in the spirit of full transparency, the name is somewhat of a misnomer.
When referring to the general practice area we call "elder law" the term "elder" encompasses both the traditional definition of an elderly person, as well as those who are disabled of any age. This expanded definition of "elder" sometimes creates confusion and leads both lawyers and non-lawyers alike to ask what exactly it is we do.
What Happens to a Medicaid Recipient If the Community Spouse Dies First?
February 28, 2022
When one spouse is in a nursing home and applying for Medicaid, planning has to take into account the possibility that the spouse who is not in the nursing home (the "community spouse") may pass away first. This is because the community spouse's death may cause assets to pass to the nursing home spouse and render him or her ineligible for Medicaid.
Incentive Trusts: Ensuring That an Inheritance Will Be Well Spent
February 25, 2022
Many parents or grandparents with sizable amounts of money to pass on to their heirs are apprehensive about the effect it many have on their children or grandchildren. In some instances, they fear that the recipients will misspend the funds on drugs, fancy cars or failing businesses. In other cases, the fear is simply that their children will lose their drive to achieve and overcome barriers that may present themselves if there's no financial necessity to do so.
You Can Now Compare Nursing Homes on Staff Turnover Rates and Weekend Help
February 23, 2022
The Centers for Medicare and Medicaid Services (CMS) announced that it will add data on staff turnover rates and weekend staffing levels to its Care Compare website, giving consumers another tool when choosing a nursing home.
The official Medicare website includes a nursing home rating system. Care Compare (previously called Nursing Home Compare) offers up to five-star ratings of nursing homes based on health inspections, staffing, and quality measures. Users can search for nursing homes by location and directly compare how they measure up.
Annual Contribution Ceiling for ABLE Accounts Rises and More States Add Programs
February 16, 2022
The maximum amount that can be contributed each year to an ABLE account for a person with disabilities rose $1,000 to $16,000 on January 1, 2022. The figure, which is tied to the inflation-adjusted value of the IRS's gift tax exclusion, had been stuck at $15,000 since 2018. Meanwhile, all but four states now offer ABLE programs.
Congress passed the Achieving a Better Life Experience (ABLE) Act in 2014, amending the Internal Revenue Code to allow families to create new tax savings plans, modeled after the popular 529 savings plans for higher education, that allow money to be set aside for or a person with special needs to pay for disability related expenses. This money can grow tax-free over time and is used to pay for qualifying expenses toward the care and support of the special needs beneficiary.
How Much Should a Trustee Be Compensated?
February 15, 2022
Serving as a trustee of a trust can be a huge responsibility, so trustees are entitled to compensation for their work. The amount of compensation depends on the type of trustee and the complexity of the trust.
Depending on the trust, a trustee's duties can include managing trust assets, making distributions to beneficiaries, paying taxes, and creating an annual report of all income and distributions. Performing these tasks can involve a lot of work, so it makes sense that trustees are compensated for their time.
How to Give Gifts to Your Grandchildren
February 9, 2022
Gifting assets to your grandchildren can do more than help your descendants get a good start in life — it can also reduce the size of your estate and the tax that will be due upon your death.
Perhaps the simplest approach to gifting is to give the grandchild an outright gift. You may give each grandchild up to $16,000 a year (in 2022) without having to report the gifts. If you're married, both you and your spouse can make such gifts. For example, a married couple with four grandchildren may give away up to $128,000 a year with no gift tax implications. In addition, the gifts will not count as taxable income to your grandchildren (although the earnings on the gifts if they are invested will be taxed). Just remember that any gift can interfere with Medicaid eligibility.
New Jersey Drastically Expands the Medicaid Workability Program Opening the Doors of Eligibility to Thousands of Residents
February 8, 2022
In New Jersey, Medicaid, specifically, New Jersey Family Care, is an umbrella term that encompasses various Medicaid programs designed to accommodate people with different asset and/or income circumstances. The one common thread that binds all Medicaid programs together, however, is that no matter the program, Medicaid is a form of means-tested benefits. In other words, in order to obtain Medicaid coverage under one of New Jersey's various Medicaid programs, an applicant's income and/or assets (resources) are measured against certain federal poverty guidelines that are modified from year to year based on the cost-of-living adjustment (COLA).
You Can Just Say No: Declining to Act as an Agent Under a Power of Attorney or Advance Directive for Healthcare Decision Making
February 4, 2022
Acting as an agent under a power of attorney and/or advance directive for healthcare decision making is a big responsibility and it isn't something everyone can take on. It is possible to resign or refuse the position(s) when necessary.
When referring to a power of attorney in this article, the focus is on financial powers of attorney. Medical powers of attorney, also known as "living wills" or "advance directives", are separate documents and as such, should be distinguished from financial powers of attorney.
Two Underutilized Government Programs for Seniors May Prove Particularly Beneficial During Challenging Financial Times
January 31, 2022
One of the roles of an elder law attorney is to assist individuals and families navigate the maze of government programs established to assist the aged, blind or otherwise disabled. This article highlights two such programs that are very useful for those who qualify.
Elder Law Analysis: Creditor Claims in New Jersey
January 31, 2022
To enforce any property claim it is necessary for a personal representative of the estate to be appointed. Absent a personal representative there is no one to formally notice or enforce the claim against if the judgment is pursued.
The Difference Between Elder Law and Estate Planning
January 27, 2022
Elder law and estate planning serve two different — but equally vital — functions. The main difference is that elder law is focused on preserving your assets during your lifetime, while estate planning concentrates on what happens to your assets after you die.
Estate Planning for a Single Person
January 24, 2022
If you are single, you may not think you need to plan your estate, but single people are in as much need of a plan as anyone else. Estate planning not only involves determining where your assets will go when you die — it also helps you plan for what will happen should you become incapacitated, perhaps as the result of a stroke, dementia, or injury. If you don't make a plan, you will have no say in what happens to you or your assets.
You Can ‘Cure' a Medicaid Penalty by Returning a Gift
January 20, 2022
In general, a New Jersey resident is eligible for Medicaid if his assets do not exceed the State's resource limit. However, an applicant cannot simply give money away to bring himself under the limit. He will be subject to a Medicaid penalty if he gives or transfers assets to others within five years of applying for Medicaid. The penalty is a period of time the applicant is ineligible for Medicaid and is determined by dividing the amount transferred by what Medicaid determines to be the average monthly cost of a New Jersey nursing home. The current divisor in New Jersey for the purpose of calculating a Medicaid penalty is $361.20 per day.
Recipients of Supplemental Security Income Now Have 50 Extra Days to Appeal Benefits Cuts
January 18, 2022
People facing a reduction, suspension, or other change to their Supplemental Security Income (SSI) now have more time to file an appeal, in a concession by the Social Security Administration (SSA) to delays and difficulties wrought by the COVID-19 crisis.
Why You May Need a Trust in Addition to a Power of Attorney
January 17, 2022
While everyone should have a durable power of attorney that appoints someone to act for them if they become incapacitated, in some circumstances it is not enough. In these cases, a revocable trust can help.
ALF Medicaid vs. SNF Medicaid
January 11, 2022
Assisted living facilities are a housing option for people who can still live independently, but who need some assistance with their daily activities. Costs can vary greatly depending on location and services offered. Medicare won't pay for this type of care, but Medicaid will, subject to the assisted living resident meeting certain requirements.
ABLE Accounts vs. Special Needs Trusts: Why Not Have It All?
January 7, 2022
If you have a child with disabilities, it is crucial to set money aside for the child's future. At the same time, you need to consider your child's access to public benefit programs such as Medicaid and Supplemental Security Income (SSI), as well as the state and federal tax implications. The two major vehicles to accomplish these goals, ABLE accounts and special needs trusts (SNTs), each have their advantages and limitations. Using them in tandem may be the optimal strategy for your child with special needs.
Annual Gift Tax and Estate Tax Exclusions Are Increasing in 2022
January 4, 2022
The amount you can gift to any one person without filing a gift tax form is increasing to $16,000 in 2022, the first increase since 2018. The federal estate tax exclusion is also climbing to more than $12 million per individual.
What Are a Special Needs Trustee's Record-Keeping Duties?
December 27, 2021
One of the most important roles in a special needs plan is that of trustee, the person who administers a special needs trust (SNT). Of a trustee's many responsibilities, record-keeping is perhaps the most crucial. Because the trustee is managing accounts on behalf of someone else, every decision must be recorded with a paper or digital record. Here's a detailed look at the types of records the trustee must maintain.
Supportive Housing Programs Offer Integrated Solutions for People with Mental Disabilities
December 23, 2021
Since the 1960s there has been steady reformation of mental health care in the United States. One of the most visible signs of this effort is the movement away from treatment in large state mental hospitals and towards community care. But "community care" encompasses a great number of programs, from treatment provided in group homes to interaction with a social worker to job training and other vocational training centers. One of the programs on the cutting edge of community mental health is called "supportive housing," and it incorporates not only housing but social services and medical care as well.
IRS Issues Long-Term Care Premium Deductibility Limits for 2022, and They Look Pretty Familiar
December 22, 2021
The Internal Revenue Service (IRS) has announced the amounts taxpayers of different ages can deduct from their 2022 income as a result of buying long-term care insurance, and the figures are almost the same as in 2021.
Many types of medical expenses are deductible from your taxes. To claim the deduction, your total unreimbursed medical expenses (which can include premiums for "qualified" long-term care insurance policies), have to be more than 7.5 percent of your adjusted gross income in 2022.
5 Estate Planning Tips for the Non-Traditional Family (Which Odds Are Includes Yours)
December 16, 2021
Is your family of the "Leave It to Beaver" variety — opposite-gender parents, the first marriage for each, one or more kids, all healthy and thriving? If so, your estate plan will probably be pretty straightforward. But if not, it's not as simple and you have a lot of company.
The percentage of married households in the United States fell from 75 percent in 1960 to 49 percent in 2020. About 40 percent of all marriages end in divorce. Nearly 80 percent of people who divorce remarry — accounting for a pretty large proportion of the 49 percent of American households that are married.
Can You Be Buried With Your Pet?
December 13, 2021
Pets are often regarded as a part of the family and increasingly their needs are accounted for in planning decisions. There is health insurance for pets, and most states allow for "pet trusts" to ensure that a cherished animal will be cared for after the owner's demise. But can you and your pet spend eternity with each other as well? The answer depends on what state you are in and on the meaning of "with."
Most states either have laws specifically prohibiting pets and humans to be buried together or are silent on the issue. But a growing number of states are adopting laws allowing some form of combined burial.
The Affordable Care Act's Estate Recovery Catch-22
December 13, 2021
Medicaid is a federal program administered through the states at the county level, and created under the Social Security Act, 42 U.S.C.A. § 1396 to 1396 w-5. The various Medicaid programs in New Jersey all fall under the umbrella of "NJ Family Care." The most recent major expansion of the Medicaid program at the federal level occurred on March 23, 2010 when the Affordable Care Act a/k/a "Obamacare" was signed into law.
What It Means to Need ‘Nursing Home Level of Care' for Medicaid Eligibility
December 10, 2021
When applying for Medicaid's long-term care coverage, in addition to the strict income and asset limits, you must demonstrate that you need a level care typically provided in a nursing home.
Who Makes Health Care Decisions If You Can't?
December 7, 2021
Being able to make health care decisions for ourselves is so important to us, but what happens if you become incapacitated and are unable to voice your opinion? If you don't have a health care proxy or guardian in place, state law chooses who can make those decisions.
Medicare Premiums to Increase Dramatically in 2022
December 6, 2021
Medicare premiums are rising sharply next year, cutting into the large Social Security cost-of-living increase. The basic monthly premium will jump 15.5 percent, or $21.60, from $148.50 to $170.10 a month.
Decisions to Make for Your Power of Attorney
November 24, 2021
A power of attorney may seem like a simple document, but there are several important decisions that need to be made when creating one. From whom to appoint to what powers to grant, care and consideration should be put into each choice.
The Benefits of Including an LLC as Part of Your Estate Plan
November 22, 2021
Limited Liability Companies (LLCs) are an important tool for small business owners, but they can also be useful in estate planning. An LLC can help you pass assets to your children while avoiding gift and estate taxes.
Hiring a Caregiver: Should You Employ One Yourself or Go Through an Agency?
November 16, 2021
Most seniors prefer to stay at home as long as possible rather than move into a nursing home. For many families, this means eventually hiring a caregiver to look after an aging relative. There are two main ways to hire someone: directly or through a home health agency.
COVID Vaccination Information Added to Medicare's Nursing Home Compare Site
November 12, 2021
Individuals who are researching nursing homes can now see staff and resident vaccination rates along with other quality and safety measure information at Medicare's Nursing Home Compare website.
The 6 Biggest Estate Planning Mistakes
November 11, 2021
If you're like most people, you have the best of intentions regarding how you want your estate distributed when you die or your affairs handled should you become incapacitated. Unfortunately, without proper planning, your best intentions may not be enough. Here are six of the most common estate planning mistakes people make.
This National Long-Term Care Awareness Month, Make The Decision to be Proactive About Future Planning
November 5, 2021
November is National Long-Term Care Awareness month! Here are our top five tips for anyone considering a long-term care placement:
How to Use Intrafamily Loans as Part of Your Estate Plan
October 18, 2021
When interest rates are low, intrafamily loans can be a good way to assist a relative (typically a child) with purchasing a house or a family business, and in certain circumstances they can be used to gift money to the next generation.
Passing on Assets Outside of Probate: PODs and TODs
October 13, 2021
For a variety of reasons, people sometimes want some or all of their assets to pass directly to specific individuals upon their deaths, outside of probate. One way to accomplish this is to set up a "payable on death" (POD) account for money in a bank account or a "transfer on death" (TOD) account if funds are in a brokerage account.
Do You Need a Lawyer to Write a Will?
October 8, 2021
A will is a legal document that directs who will receive your property when you die. The legal requirements are pretty simple. In order for your will to be valid, you must know what property you have and what it means to leave it to someone, then sign the document and have it witnessed according to the laws of your state.
Make Sure Your Estate Plan and Other Essential Documents Are Safe from Disasters
October 5, 2021
It's an unfortunate reality that with the increasing number of natural disasters across the country, including fires, floods, and hurricanes, the chance that you could lose your house and possessions has become more likely. In the event of such a calamity, it is important that your estate planning and other important documents are beyond reach and easily retrievable.
Medicaid's Bias for Institutionalized Care May Be Shifting under President Biden's Proposed American Jobs Plan
September 27, 2021
Medicaid is a federal program, administered through the states at the county level, and created under the Social Security Act, 42 U.S.C.A. S. 1396 to 1396 w-5. The various Medicaid programs in New Jersey (all falling under the umbrella of NJ Family Care) are overseen by the Department of Human Services' Division of Medical Assistance and Health Services ("DMAHS").
Recreational Cannabis Has Come to New Jersey, but the State's Medical Marijuana Program Remains Largely Inaccessible to Populations Most in Need
September 17, 2021
New Jersey's Medical Marijuana Program is administered through the State Department of Health's Division of Medicinal Marijuana. New Jersey was the fourteenth (14) state to legalize medical marijuana in January 2010 when the Legislature passed the New Jersey Compassionate Use Medical Marijuana Act ("CUMMA"), also known as S 88.
What's in a Name: Why the Title on Your Financial Accounts Matter
February 10, 2021
A name often defines who we are and sometimes, even, who we become. The same is true for the name on your financial accounts. One of the biggest myths and misconceptions of estate planning is that a Will controls the disposition of all assets at death. This is not the case and could lead to […]
A Primer On New Jersey's Court Rules for Guardianships
February 9, 2021
In New Jersey, a child is considered an emancipated person at age 18, irrespective of the severity of disability. As a result, parents of special needs children no longer have the legal right to make medical, legal, financial or personal decisions for children over age 18 even if the child is unable to do so him or herself. Parents often must be appointed guardian for their disabled child to acquire the legal authority to oversee and assist with the child's affairs.
Should Medicaid Beneficiaries Worry About Their COVID-19 Stimulus Payments Counting as Income?
January 25, 2021
On December 27, 2020, Congress passed the Coronavirus Response and Relief Supplemental Appropriations Act of 2021, an economic relief bill intended to help offset the financial crisis caused by COVID-19. This act includes a round of $600 stimulus checks for a large number of Americans, including many Medicaid recipients and applicants who are concerned about […]
How To Contest a Will in New Jersey
February 27, 2020
A will directs how one’s estate should be distributed after a person passes away. Ordinarily, a will is admitted to probate and the wishes of the decedent are followed without issue. However, there are occasions where the validity of the will is questioned by family members or potential beneficiaries. A will contest is a formal […]
How to Become a Legal Guardian in New Jersey
February 5, 2020
When a loved one loses the ability to make informed and reasonable decisions, pursuing a guardianship may become necessary. A guardianship appoints one or more individuals to handle the affairs of another. Guardianship requires a court proceeding and ongoing judicial oversight. The guardianship process begins by obtaining a report from two doctors who examine the alleged incapacitated […]
Small Estate Threshold Raised in New York
January 22, 2020
Probate and administration proceedings in New York State can be time-consuming and costly, but New York law allows for a simplified proceeding called voluntary administration for small estates with a value below a certain threshold. Recently, the threshold was expanded from estates valued at less than $30,000 to include all estates under $50,000. Voluntary administration […]
Recognizing, Preventing, And Reporting Elder Abuse In Nursing Homes
January 13, 2020
By Andrew R. Bronsnick Our senior years should be a time of comfort, security and safety. Sadly, many older Americans are being victimized by those who should be caring for them. Here’s what to do if you discover elder abuse. The United States has a shocking elder abuse problem, and it’s only getting worse. The […]
Are Self-Driving Automobiles the Future for the Elderly and Disabled?
November 11, 2019
I was recently in the market for a new car. A number of my friends purchased a Tesla so I decided to go for a test drive to see what all the hype is about. Out of curiosity, I asked the sales rep what segment of the population is buying Teslas. Besides environmentalists and techno geeks, the […]
Richard Miller Answers NJ.com "Biz Brain" Question on the Inheritance Tax in New Jersey
June 21, 2017
Richard Miller, Chair of the Firm's Elder Law Department, is featured in the June 21, 2017 nj.com "Biz Brain" section where he answers a readers question on the inheritance tax.
On behalf of the Mental Health Association of Essex and Morris, Inc., and the 30+ family members in attendance last night, I want to thank you for your most informative presentation. As expected, you were terrific in explaining often confusing topics for many of our families and showed them patience and respect as the true professional that you are. We heard from a few families today that called to thank us for inviting you as they felt it was a very valuable session. Next week when we reconvene, I will get more feedback and will inform them of the waived consultation fee. I hope that many of them use your talk last night as the impetus to stop procrastination. I love Mandelbaum and they are my “go to” law firm for everything legal for all my clients an family.
I wanted to let you know we are extremely pleased with your referral of Richard Miller. The guy knows he stuff, great listener and has really impressed us. We just finished up with all the estate docs and the process could not have been better thanks to Richard. Thanks so much for the awesome referral.
Thank you and the Mandelbaum team for helping through the guardianship process for my mother. A process that was started because another who perhaps, because of greed, jealousy, envy, selfishness, and deceit, usurp himself as Power of attorney when she was incapacitated. A position my mother clearly did not want him to have, based on her plans set in writing prior to her being incapacitated.
If it was not for you, I would not had made it through the court system like I did. If it was not for you, who knows what my mother’s or my fate would be.
As of today mother is healthier, happy content and wishes to remain in my care.
I would recommend you to anyone who would be in like situation.
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“We have had the pleasure of working with Richard Miller, Esq., and his team Shawna, Melanie, and Blake since 2011, and we continue to utilize their outstanding legal services to the present day. They are a highly professional, knowledgeable, and caring team of legal experts who have consistently helped my family throughout the years. I highly recommend them to everyone and give them a definite five-star rating.”
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