Shawna A. Brown is Counsel in the Firm’s Elder Law, Trusts & Estates and Special Needs Practice Groups. She focuses her practice on estate and trust litigation, including contested and uncontested probate, trust and accounting proceedings. Shawna is frequently appointed to serve as court-appointed attorney or temporary guardian for alleged incapacitated persons in guardianship proceedings. She also assists clients with estate planning and estate administration matters.

Prior to joining Mandelbaum Barrett PC, Shawna practiced for 10 years at a New York City law firm where she counseled the Public Administrator of New York County in connection with estate administration. This experience provides a vital benefit as she can advise clients and other colleagues regarding the differences between New York and New Jersey estate law and interplay between estates requiring administration in both states.

Shawna enjoys educating the community about estate and guardianship issues. She has lectured to various community organizations as well as to attorneys through New Jersey’s Institute for Continuing Legal Education.  She also writes articles on various key Elder Law topics.

NJICLE Webinar: “2022 Estate Planning for Non-Married Couples,” February 16, 2022.

Passaic County Bar Association: “Leaving Legacies Instead of Litigation:
Tips to Stay Out of Court for the Aging Population,” February 23, 2022.

NJICLE: “Guardians Ad Litem – How They Work and How to Get Appointed,” September 29, 2022.

NJSBA CLE webinar: “New York vs. New Jersey: Trust and Estate Planning, Administration, and Litigation on Both Sides of the Hudson,” January 12, 2023.

NJICLE webinar: “2023 Estate Planning for Non-Married Couples,” February 22, 2023.

Hot Topics in Elder Law Speaker Series: “Myths and Misconceptions in Estate and Medicaid Planning,” March 8, 2023.

Hot Topics in Elder Law Speaker Series: “Legacies Instead of Litigation – Tips to Stay Out of Court for the Aging Population,” April 18, 2023.

 

  • New Jersey, 2008
  • New York, 2009

  • New York Law School, J.D., 2008
  • Rutgers College, New Brunswick, B.A., 2005

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 […]

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.

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 […]

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 […]

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 […]

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.

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 […]

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 […]

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 […]

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 […]

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.

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.

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” […]

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 […]

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.

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.

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.

Supreme Court to Hear Case That Could Increase the Bite That Medicaid Takes Out of Settlements

October 11, 2021

The U.S. Supreme Court has agreed to hear a case disputing how much states can recoup from Medicaid recipients' settlements in personal injury cases. The decision has the potential to affect anyone who receives government assistance with their medical care following a disabling injury that results in a lawsuit.

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.

The Perils and Pitfalls of Do-It-Yourself Special Needs Planning

October 7, 2021

Among the costs of caring for a dependent with special needs are the fees for professional advice. Some families are tempted to save on these costs by setting up a plan on their own.

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.

Pandemic Payments Now Won't Affect SSI Benefits or Eligibility at All

September 22, 2021

Pandemic-related financial assistance will no longer affect an individual's eligibility for Supplemental Security Income (SSI) or the benefit amount, the Social Security Administration (SSA) has announced. The assistance includes a long list of pandemic payments, ranging from COVID-19 relief checks to state unemployment assistance.

Leaving an IRA to a Special Needs Trust Is No Longer Such a Bad Idea

September 16, 2021

The SECURE Act, passed at the end of 2019, changed a number of rules regarding inherited IRAs, making it more difficult for most beneficiaries to save on taxes by "stretching" distributions over many years. However, an exception to the new rules potentially changes advice that special needs planners often give clients.

Never Say Never: Navigating the Appeals Process if You've Been Denied Social Security Disability Benefits

September 7, 2021

The United States has two federal government benefits programs to help people with disabilities: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

Fact or Fiction: I Know This Much Is True

May 3, 2021

HBO's I Know This Much Is True chronicles the lives of identical twins Dominick and Thomas Birdsey, both played by Mark Ruffalo.

Fact or Fiction: Reviewing 2021 Golden Globe Nominated Films about Elder Law and Special Needs Issues

March 12, 2021

March 12, 2021 By Richard I. Miller This year’s Golden Globe nominees included four films that directly relate to the issues handled by our elder law and special needs attorneys. In the coming weeks we will discuss each film, and analyze whether the facts, storylines and legal issues they present are realistic, or pure fiction. […]

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 […]

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 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 […]

Mandelbaum Barrett PC Special Needs attorneys to present “Planning for Families with Special Needs Children”

April 26, 2023

Working with parents and caregivers of children with special needs daily, we understand the importance of considering your child’s future and we have created a seminar just for you. We want to help you understand the process to ensure that you have a plan in place so that your child will continue to receive the […]

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 […]

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 […]

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 […]

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 […]

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 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.

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.

Shawna Brown to Speak at Progressive Comprehensive Services, LLC on Special Needs Trusts Funds, Guardianship and More

March 14, 2019

Shawna Brown, an Associate at Mandelbaum Barrett PC will be speaking at a special interactive family event hosted by Progressive Comprehensive Services, LLC on the ABLE-ACT, Special Needs Trusts Funds and Guardianship. To learn more about this event or to register, click here.

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.