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Compassionate Elder Law Attorneys

Our Elder Law attorneys are advocates who specialize in long-term care planning. We work to protect you and your assets as you age.

What is Elder Law?

Elder law is a legal practice area that focuses on issues affecting older adults and their families. It encompasses a variety of legal matters, including estate planning, retirement planning, long-term care planning, guardianship, Medicare and Medicaid planning, Social Security benefits, elder abuse and neglect, and other issues related to aging and incapacity. Elder law attorneys often work to protect the rights and interests of older individuals and help them navigate complex legal and financial matters as they age.

Our Elder Law Department offers a full range of legal services, including:

  • Medicaid and Government Benefit Planning;
  • Medicaid Applications;
  • Guardianships and Conservatorships;
  • Estate Planning and Administration;
  • Powers of Attorney;
  • Advance Directives and Health Care Proxies;
  • Trusts;
  • Probate Litigation;
  • Inheritance and Estate Taxes;
  • Mental Health Law;
  • Special Needs Trusts;
  • Mediation; and
  • Collection Defense and Nursing Home Litigation

How Our Elder Law Attorneys Help 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.

People work a lifetime to accumulate an estate that can be rapidly depleted due to the high cost of medical and long term care.

There are numerous programs and services for elderly and disabled individuals and their families that cover these costs. Identifying and understanding available options and resources is often confusing and overwhelming.

Mandelbaum Barrett PC can help navigate the maze of government benefits to ensure you receive the services and entitlements available. Our attorneys can help you address the cost of long-term care, preserve assets, file Medicaid applications and advocate on behalf of clients whose benefits have improperly been denied.

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.

Medicaid Planning

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.

Healthcare Coordination

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

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. Although many guardianships are relatively straight forward, there are instances where a guardianship becomes adversarial and disputes arise between individuals seeking to be appointed guardian or objections are raised by the alleged incapacitated person. 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.

Estate Planning

Predicting the future is impossible, but planning for the future is a necessity. At Mandelbaum Barrett PC, we are committed to helping you and your family plan for the future to make sure your 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:

  • Wills
  • 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

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.

Estate and Probate Litigation

Many individuals are overwhelmed by the prospect of resolving a dispute involving the estate of a loved one and the probate process can often be daunting. Not only are there legal and financial issues to tackle, but emotional ones as well. Our probate litigation 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
  • Probate Litigation

Trustee Services

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

Special Needs Trusts enable funds to be set aside for disabled individuals without disqualifying the individual from government benefits. If the recipient acquires money from an inheritance or lawsuit while receiving government benefits, he or she will likely be disqualified from the program unless the funds are protected with a trust. A properly designed and administered Special Needs Trust will supplement public benefits such as SSI and Medicaid without jeopardizing eligibility.

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.

Our services include:

  • Third-party trusts (established with fund originating from someone other than the disabled individual).
  • Self-settled trusts (established with the funds of the
    disabled individual).

There are critical differences between these types of trusts. Our attorneys will explain the differences to maximize the funds available to the disabled individual and preserve assets for the family unit. We will help you design a plan to protect public benefits for your disabled child and protect resources for their lifetime.

Executor Services

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.

Richard Miller authors article for Think Advisor titled “4 Things Advisors Must Know About Beneficiary Designations”

March 20, 2024

“Many people believe that a will controls the disposition of all of one’s assets at death. This is not so.” Richard Miller, Esq., Chair of the Elder Law Practice Group at Mandelbaum Barrett PC, explores crucial insights for Financial Advisors in a recent Think Advisor article discussing beneficiary designations. Richard emphasizes four critical points: Read […]

Mandelbaum Barrett PC Proudly Participates in National Letter to an Elder Day

February 26, 2024

Led by our Elder Law Practice Group we were so excited to participate in National Letter to an Elder Day today! Members of the MB team wrote heartfelt letters (and even included a few gifts) to bring smiles to seniors’ faces at a local nursing home. Started by Love For Our Elders, a nonprofit organization […]

Mandelbaum Barrett PC to Host 1st Annual Elder Law Day

February 12, 2024

The Elder Law Practice Group at Mandelbaum Barrett PC will be hosting our 1st Annual Elder Law Day at the Park Avenue Club in Florham Park, NJ on Friday, March 22nd from 8:30am until noon. Elder Law Day aims to empower individuals involved in caring for and assisting the elderly and disabled, whether they are […]

Donald Dennison, Esq. Discusses Asset Protection from Nursing Home Costs in NJMoneyHelp.com Interview

January 29, 2024

“Transfers of assets into trust are typically considered gifts, therefore, this type of planning is usually done well in advance of someone needing Medicaid services.” Elder Law attorney Donald A. Dennison, Esq. from Mandelbaum Barrett PC shared insights in a recent interview with NJMoneyHelp.com. Delving into the question of whether a trust safeguards assets from […]

Shawna Brown to present on NJICLE panel discussing NY vs NJ Estate Planning

January 17, 2024

Mandelbaum Barrett PC Elder Law Counsel, Shawna Brown, Esq. to join Moderator Joshua F. Cheslow, Esq. and Speakers Timothy M. Ferges, Esq. and Stacey M. Valentine, Esq. for an online NJICLE program on January 30th, 2024. The topic covered will be “NY vs NJ Estate Planning and Administration.” The seminar addresses the complexities of estate […]

Richard Miller, Esq. spotlighted in Primerus Weekly

January 10, 2024

“When you’re talking about wills and estates and people who are sick and need guardians or are disabled, you’re seeing people at their most raw, who need the most help,” says Richard Miller, Esq. who heads up the Elder Law Department at Mandelbaum Barrett PC. “Sometimes you see the good, the bad, and the ugly.” […]

Richard Miller, Esq. authors article for Insurance Newsnet titled “How insurers can mitigate their exposure when it comes to beneficiary designations”

December 19, 2023

“One of the biggest myths and misconceptions of estate planning is that a will controls the disposition of all one’s assets at death. This is not the case. Failing to distinguish the difference between probate and non-probate assets could lead to unintended and costly consequences not only for the person who owns the asset, but […]

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 […]

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 kdavey@mblawfirm.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:
https://lnkd.in/epeAwEi

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.

Elder Law and Special Needs Newsletter: May 2024 Issue

May 30, 2024

Check out our May Elder Law and Special Needs newsletter! In this issue, our attorneys explore important hot topics including navigating probate litigation in New York as well as possible changes to the Medicaid Payback Rules. We also give updates on the latest happenings around our firm. Stay in the know and empowered with the […]

Possible Changes to Medicaid Payback Rules: What’s Ahead?

May 20, 2024

Recent coverage from reputable news sources such as The New York Times and Associated Press has brought renewed attention to the detrimental effects of Medicaid estate recovery on families. Understanding Medicaid: Medicaid is a public assistance program aimed at providing health insurance coverage for Americans with limited means. To qualify, individuals must meet strict income […]

LEGACY LESSON: Could Divorce Be a Financial Lifeline in Chronic Illness?

May 13, 2024

In the inaugural episode of LEGACY LESSON, we delve into a topic rarely discussed openly: the use of divorce as a strategic financial tool in the face of chronic illness. Attorney Shawn McClelland navigates the complexities of this approach, considering both the legal and ethical implications. The episode unpacks how couples like Alice and Bob might consider legally separating to protect their assets from overwhelming medical expenses.

Refreshing Your Estate Plan: 5 Steps Post-“Gray” Divorce

May 10, 2024

Gray divorce, or divorce among older adults, is becoming increasingly common. This demographic trend reflects societal changes, including reduced stigma around divorce and increased financial independence for women. However, divorce later in life can have significant financial implications, particularly for women, and may impact retirement plans and long-term care considerations. One key aspect affected by […]

SSI Alert: Free Food No Longer Counted as Income

May 6, 2024

What is SSI? SSI is a government program that provides monthly payments to adults and children who have income and resources below specific financial limits and who meet one of the following criteria: Resource and Income Limitations Recipients must have limited income and limited resources.  If one qualifies, they can receive benefits up to $943 […]

Navigating Probate Litigation in New York: A Comprehensive Guide

April 18, 2024

Understanding Probate in New York Probate litigation can be a complicated and emotionally taxing process, especially in a state like New York known for its stringent probate laws. When disputes arise over the distribution of assets or the validity of a will, navigating the legal landscape can be daunting. Probate is the legal process of […]

Elder Law and Special Needs Newsletter: April 2024 Issue

April 15, 2024

Check out our April Elder Law and Special Needs newsletter! Our legal team explores important topics including beneficiary designations and the recent updates to the Medicaid divisor, which came into effect this month. We also give updates on the latest happenings around our firm. Stay in the know and empowered with the freshest insights from […]

The Importance of Charitable Beneficiary Planning: Lessons from the Matter of the Estate of Heinecke

April 5, 2024

The recent Appellate Division decision, In the Matter of the Estate of Heinecke, serves as an important warning to those who have named charitable organizations as beneficiaries in their Last Will and Testament.  The case also illustrates the applicability of the legal doctrine known as Cy Pres. Understanding Cy Pres Doctrine: Cy Pres is an […]

Medicaid Alert: Changes to Medicaid’s Penalty Divisor Effective April 1, 2024

April 1, 2024

Beginning April 1, 2024, the State of New Jersey will increase the Medicaid penalty divisor to $440.10 per day, as compared to the previous penalty divisor of $384.57 in 2023. See Medicaid Communication No. 24-03. The Medicaid divisor is used to determine the period of ineligibility for individuals and couples who have transferred assets for […]

Elder Law Day Recap

April 1, 2024

Thank you all who joined us for our first-ever Elder Law Day! Our event proved to be incredibly rewarding, encouraging both learning and networking among our attendees. A heartfelt appreciation goes to our speakers for sharing their expertise, perspectives, and delightful anecdotes. Take a look at some highlights of our event and what some of […]

Understanding Estate Planning: Are Wills Public Record? – Your Questions Answered

March 14, 2024

Exploring the Visibility of Wills: Understanding Public Record in Estate Planning Wills serve as vital documents outlining the distribution of finances, possessions, and property after an individual’s passing. It’s common to wonder about the accessibility of this information and whether it falls under public record. Upon entering probate, a will becomes part of the public […]

Advantage Alert: How to Navigate Open Enrollment for Medicare Advantage Plans

March 8, 2024

Open enrollment for Medicare Advantage Plans will run from January 1, 2024 to March 31, 2024, giving members the option to switch plans or move back to Original Medicare. Understanding Medicare Advantage Plans Medicare Advantage Plans, sometimes known as “Part C” or “MA Plans,” are offered by private companies approved by Medicare. The two most […]

New Jersey Inheritance Tax and Stepchildren: Once a Stepchild, Always a Stepchild

March 7, 2024

Understanding New Jersey’s Inheritance Tax New Jersey remains one of the few States that imposes an inheritance tax. The inheritance tax is not based on the size of the estate, but who receives the estate. There is no inheritance tax imposed on transfers to a parent, grandparent, spouse, domestic partner, child or stepchild (Class “A” […]

Landmark Victory: Governor Signs Domestic Workers’ Bill of Rights into Law in New Jersey

March 1, 2024

On January 12, 2024, Governor Phil Murphy signed the Domestic Workers’ Bill of Rights (S723) into law, representing a landmark victory for labor rights groups across the state. The new law, effective July 2024, extends labor rights including, but not limited to, mandatory minimum wage, paid sick leave, and protections against unlawful termination, to over […]

A Message for New Jersey Seniors: Senior Freeze Program Applications Are En Route

February 22, 2024

On February 12, 2024, the State of New Jersey began sending applications for The Senior Freeze Program to eligible senior citizens. The Senior Freeze Program reimburses eligible senior citizens and disabled individuals for property tax increases on their principal residence, meaning the home you own and continually occupy as your permanent residence.   Reimbursements are […]

Mastering the Probate Maze: A Roadmap for New Jersey Estates

February 20, 2024

Losing a loved one is an emotional and challenging experience, and dealing with the legalities of their estate can add another layer of complexity. In New Jersey, the probate process is the legal procedure through which a deceased person’s assets are distributed and their final affairs are settled. Understanding this process is crucial for both […]

Elder Law and Special Needs Newsletter: February 2024 Issue

February 16, 2024

Our February Elder Law and Special Needs newsletter is now available! In this issue, our attorneys delve into timely topics such as recent legislative developments in New Jersey. Specifically, we explore new laws designed to support drivers with Autism, as well as initiatives establishing “Presumptive Eligibility” under Medicaid’s Home and Community-Based Services Waiver Program. Stay […]

Are Wills Public Record?: Estate Planning Q&A

February 2, 2024

Wills contain important information about who receives money, possessions, and property upon a person’s death. Many often ask, who can view this information, and is it a public record? Once your will goes through probate, it becomes a public record. The probate court must maintain the will so that the public can access it. Anyone can […]

New Law Creates “Presumptive Eligibility” Under Medicaid’s Home and Community Based Services Waiver Program

January 22, 2024

New Jersey Family Care Overview All Medicaid programs offered in New Jersey fall under the umbrella “NJ Family Care”. NJ Family Care consists of several different Medicaid programs, catering to both institutional services (nursing home and other long-term care facilities) and home and community-based services. Each Medicaid program has its own eligibility criteria, each of […]

Mitigating the Impacts: Sunsetting the Tax Cuts and Jobs Act

January 19, 2024

The Tax Cuts and Jobs Act (TCJA) took effect on Jan. 1, 2018, and impacted personal income taxes, small businesses, estate tax rules, capital gains rules, special needs accounts, and much more. The TCJA is scheduled to sunset at the end of 2025. This will lead to significant changes for taxpayers. So, are there ways to avoid […]

2024 Standard Protections for Spouses of Medicaid Applicants

January 12, 2024

Each fall, the Centers for Medicare & Medicaid Services (CMS) renews the federal guidelines that seek to protect individuals whose spouses are applying for or receiving Medicaid long-term care benefits. These protections, known as the Spousal Impoverishment Standards, help to support the financial well-being of seniors who continue residing at home while their spouse on Medicaid […]

A New Year’s Upgrade to Prescription Benefits for the Elderly and Disabled

January 8, 2024

New Jersey has several programs to assist seniors with the costs of their prescription medications. For instance, the Pharmaceutical Assistance to the Aged and Disabled (PAAD) Program, created in 1975, provides prescription medications for low-income elderly and disabled persons at reduced cost. Senior Gold, created in 2001, offers prescription benefits to seniors whose earnings exceed […]

Elder Law and Special Needs Newsletter: January 2024 Issue

January 3, 2024

ICYMI: The January issue of our Elder Law and Special Needs newsletter is hot off the press today! In this issue, our attorneys cover industry hot topics including Richard Miller’s recent article in Insurance NewsNet discussing beneficiary designations. Read the full newsletter here.

What Does Incapacitated Mean in Elder Law & Estate Planning?

December 28, 2023

When working with an attorney to prepare for your future and address the challenges associated with aging, you will likely come across the term “incapacitated.” Incapacitated Definition Someone who is incapacitated cannot make personal decisions or understand legal documents. An incapacitated person requires a surrogate decision-maker, such as an agent under a health care power […]

Remote Witnessing: The Shifting Legal Landscape for Health Care Proxies and Wills

December 19, 2023

A health care agent is the person you designate to make medical decisions on your behalf in the event you are unable to make such decisions yourself. Appointing a trusted friend or family member as your agent ensures your health care providers follow your wishes. For example, a Health Care Proxy can authorize the implementation […]

The Darlene Williams Estate Dispute: How Millions Made Off the Sale of T-Rex Bones Led to A Family Battle Over Conflicting Wills 

December 13, 2023

You may have heard about Darlene Williams who died in 2020 years after the $8 million sale of a fossilized T-Rex skeleton which was found on her family’s ranch in South Dakota in 1990. Today, her children are battling it out in court, pointing to conflicting wills! This headline-making case shines light on the challenges that […]

14 Essential Questions to Ask Aging Parents This Holiday

December 7, 2023

About 45 percent of adults say they plan to travel for the holidays, per The Vacationer. With multiple generations getting together for holiday meals, gift exchanges and quality time, these annual gatherings present an opportunity to broach sensitive but important topics with your aging loved ones. By communicating with them and knowing their wishes, you can help them […]

What Is a Medicare Flex Card?

December 1, 2023

Some Medicare Advantage beneficiaries receive Medicare flex cards, pre-paid debit cards for qualifying expenses, as part of their benefits. The U.S. government does not issue Medicare flex cards. This benefit is only available on select Medicare Advantage plans, a private alternative to Medicare. Traditional Medicare does not offer flex cards. Certain Medicare Advantage plans provide beneficiaries […]

Elder Law and Special Needs Newsletter: November 2023 Issue

November 28, 2023

ICYMI: The November issue of our Elder Law and Special Needs newsletter is hot off the press today! In this issue, our attorneys cover industry hot topics including the upcoming Medicare Open Enrollment deadline, the story behind Michael Oher conservatorship and ways to save time by using the Social Security website. Read the full newsletter […]

Your Health, Your Choice: A Guide to Medicare Open Enrollment

November 7, 2023

The Medicare open enrollment period runs through December 7th, 2023.   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 better […]

The Michael Oher Conservatorship

October 24, 2023

In his latest vlog, Mandelbaum Barrett PC Elder Law and Special Needs Attorney, Donny Dennison, Esq. breaks down the current status of the conservatorship of Michael Oher and how it got to this point.

Do You Need a Spendthrift Trust?

October 20, 2023

The aging population is expected to transfer $30 trillion in the coming years, per Forbes. According to the Survey of Consumer Finances, the median inheritance is $69,000; the median for trust fund wealth transfers is $285,000. Many individuals planning their legacies wish to provide for their families and loved ones. Yet an Ohio State University study determined that those who […]

11 Things You Can Do Online Via the Social Security Website

October 17, 2023

The Social Security Administration (SSA) website hosts a wealth of online tools that offer you convenient access to benefits information. To make the most of these tools, simply create a my Social Security account online. It is free to set up a mySSA account. More than 65 million people are currently collecting Social Security benefits. Whether or […]

What are Geriatric Care Managers?

October 10, 2023

In her latest vlog, Elder Law attorney Jacqueline Yarmo discusses her personal experience using Trish Colucci Barbosa, RN-BC, CCM, LNCP-C, Principal Geriatric Care Manager at Peace Aging Care Experts, LLC for assistance with her family member’s care. Jackie describes what the Geriatric Care Manager’s role is on the care team and why you should consider […]

Elder Law and Special Needs Newsletter – October 2023 Issue

October 3, 2023

Don’t miss the October issue of our Elder Law and Special Needs newsletter. This month’s features include new vlogs and articles discussing industry hot topics. Elder Law Chair, Richard Miller, Esq. even has a Netflix show recommendation included in this issue! Read the full newsletter here.

No Need to Be Insecure About Your Retirement Plan: A Guide to SECURE Act 2.0

October 2, 2023

In July of 2019, the Setting Every Community Up for Retirement Enhancement Act, also known as the SECURE Act, changed the rules pertaining to 401(k), Roth, IRA, and other retirement savings plans. In December of 2022, the updated SECURE Act 2.0 was signed into law, supplementing the 2019 Act. Before delving into the recent changes […]

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, […]

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.[1] 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.

These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.

Exploitation of Power of Attorney: Agent Blocking Family Access to Nursing Home Resident

June 6, 2024

In their latest vlog, Mandelbaum Barrett PC Elder Law attorneys, Donald Dennison, Esq. and Dan Stone, Esq. discuss the implications of a Power of Attorney agent weaponizing the document to prevent well-meaning family members from visiting a nursing home resident.

What New Jersey Taxpayers Need to Know About Partnership Income Reporting

May 24, 2024

Staying informed about updates in tax regulations is vital for taxpayers to fulfill their obligations accurately. The recent update from the New Jersey Division of Taxation regarding the reporting of income from partnerships underscores the importance of staying abreast of state-specific requirements. By adhering to these guidelines and seeking professional assistance when needed, taxpayers can effectively navigate partnership income reporting in New Jersey and maintain compliance with state tax laws.

Raj Gadhok to Present for NJICLE’s “What is a Tevis Claim and What Does it Mean for My Divorce?

November 20, 2023

Navigating divorce cases in New Jersey often involves addressing domestic violence and abuse allegations. This is where the Tevis Claim often comes into play. It is essentially a personal injury claim you can bring against your spouse in the divorce complaint if instances of domestic violence have occurred. While opting for a Tevis Claim has […]

Going Green and Staying Out of Legal Trouble: The Art of Green Marketing

November 17, 2023

In today’s environmentally conscious world, green marketing has become a significant trend for businesses aiming to attract eco-minded consumers. Companies often use eco-friendly claims to promote their products and services, but they must tread carefully to avoid lawsuits and maintain their reputation. In this blog, we’ll explore green marketing and suggest some steps companies can […]

Client Alert: Corporate Transparency Act

November 16, 2023

On January 1, 2024, the Corporate Transparency Act (the “CTA”) will become law and will impose reporting obligations which will impact millions of small businesses across the United States. It is critical for business owners to understand the CTA reporting requirements as failure to comply can result in both civil and criminal penalties. If you own […]

Your Health, Your Choice: A Guide to Medicare Open Enrollment

November 7, 2023

The Medicare open enrollment period runs through December 7th, 2023.   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 better […]

Three Major Differences Between Recourse and Non-Recourse Loans

November 1, 2023

Borrower / Guarantor Liability Recourse – The borrower (or guarantor) is personally liable for the full amount of the loan, including any debt remaining after the collateral is foreclosed upon and sold. To satisfy the remaining debt, the lender can look to the individual assets of borrower (or guarantor). Non-Recourse – The borrower (or guarantor) […]

Chris Zona: Becoming a Trial Attorney

October 30, 2023

Despite the absence of legal role models, Chris Zona’s ambition as a trial attorney persisted. Immersed in civil and commercial law from an early age, Chris remained resolute. As a Senior Special Prosecutor, he broadened his horizons, delving into civil and commercial law. Join Chris in this exclusive feature, tracing his trajectory from law school to his adept handling of diverse cases, from serious felonies to complex white-collar offenses and healthcare law.

Navigating Back-to-School Safety: Preventing the Most Common Injuries

August 13, 2023

As the school season kicks into gear, safety should be at the forefront of everyone’s minds. At Mandelbaum Barrett PC, we are committed to ensuring your children have a safe and joyful academic year. While schools are expected to provide a secure learning environment, the reality is that unintentional injuries can occur on school grounds, around buses, and even in the neighborhood. It’s a collective responsibility of parents, students, school staff, and the community to take proactive measures to safeguard our children.

Navigating the Shifting Terrain of Subchapter V: Vincent J. Roldan Sheds Light on Conflicting Court Rulings in the ABI Law Journal

June 26, 2023

Discover the latest in the still-evolving landscape of Subchapter V. This insightful article, published in the American Bankruptcy Institute Law Journal, examines the application of nondischargeability provisions to corporate debtors. Written by Vincent J. Roldan, a Partner in Mandelbaum Barrett PC’s Bankruptcy and Creditors Rights, and Banking and Financial Services groups, this piece sheds light on conflicting court […]

Insights from William Barrett: New York County Dental Society Article Explores Cybersecurity Risks in Dental Practices

June 22, 2023

Dental health professionals handle a vast amount of sensitive patient data, ranging from personal information to medical records. To protect themselves and their patients, it’s important for them to understand cybersecurity risks and take appropriate measures. Staying aware of the latest threats and trends is crucial for adequate protection. Learn about some of the ways […]

Professional Liability Insurance for Dentist Owners: Types of Coverage Recommended

March 23, 2023

As a dentist owner of a practice, your top priority is to provide quality dental care to your patients. However, despite your best efforts, malpractice lawsuits can still occur. Therefore, it is crucial to have professional liability insurance to protect yourself, your practice, and your employees from the financial burden of a lawsuit. In this […]

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 […]

Top 5 Tips for Commercial Real Estate Brokers for Achieving Better Exclusive Listing Agreements

July 5, 2022

Any Exclusive Listing Agreement should cover both a sale and a lease. Deals change and you want to be protected for either scenario. The Exclusive Listing Agreement must have a definitive end date and cannot contain automatic renewals. As to payment of the commission on a sale, include language that the commission will be paid […]

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 […]

WHAT IS THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS AND WHY SHOULD YOU HIRE ONE OF THEIR FELLOWS?

July 5, 2022

AAML is a national organization with chapters in most states.  There are approximately 1,650 Fellows in the United States and 52 Fellows in New Jersey.  Our Family Law Co-Chair Lynne Strober is proud to be one of those Fellows. The AAML is dedicated to providing and promoting the highest degree of professionalism and excellence in […]

Spring 2022 Vet Law Newsletter

March 24, 2022

Momentum: Our Year in Review

March 24, 2022

  • 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.

    Marvin
  • 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.

    Matt
  • Dear Donald:

    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.

    Thank you.

    Barbara

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