Medicaid.  When a loved-one has to leave their home for a nursing home and Medicaid benefits are needed, there is always a fear that the State will “take” the house.  This is especially true when a child has previously moved into a parent’s home to act as the parent’s caregiver.  Once the parent moves into…

Guardianship is a legal decision made by a court. The decision made is that a particular person has become incapacitated. He or she can no longer make decisions about him or herself. The Court also appoints a “guardian” to make decisions for the person it deems incapacitated. This guardian is answerable to the Court. Guardians…

Identity theft continues to be a serious problem, and it is one with which we should be very concerned.  Recently, I invited David B. Watts, an experienced private investigator and author http://www.accidentalpi.com, to speak to my firm’s Client Care Program members Identity Theft is More Than You Think Mr. Watts made it very clear that privacy…

Happy Holidays It’s the holiday season and instead of reading about some serious legal issue, let’s try to laugh a little.  Here is one of my favorite stories and although it’s not a holiday story, I hope it will suffice: For years, two brothers—one a lawyer, and the other an accountant who could not hear…

Inheritance tax will be the last remaining “death tax” In New Jersey, as of January 1, 2018. On that date, the state’s estate tax will disappear. New Jersey Inheritance Tax   The “Transfer Inheritance Tax” is assessed against inheritances received by certain classes of people.  There are four classes: Class A beneficiaries: father, mother, grandparents, children,…

The Facebook “Hard Questions” blog recently addressed the issue of what should happen to people’s online identity when they die.  https://newsroom.fb.com/news/2017/08/what-should-happen-to-online-identity/ This is a wonderful article expressing the emotional and practical issues surrounding one’s online postings after death and how, at least one company is grappling with solutions, while waiting for the law to catch…

Can the terms of a Will be changed to make them “fair”?  Let’s say that a parent has died.  Under the terms of the parent’s Will, one of four children is disinherited.  The child and parent did not get along, and, for good reason.  The parent was a bit unreasonable in the eyes of all…

The Five Year Look-Back, pertains to an application for Medicaid.  Medicaid is a Federal program that is administered by the individual states. Its purpose is to pay the medical bills of the indigent. Medicaid also pays for nursing home care when an elder has less than two thousand dollars. Medicare does not pay for nursing…

Hidden cameras are now available to address the significant increase in elder abuse complaints against home health aides. New Jersey has decided to expand its hidden camera program that began in December 2016. It has been very successful in catching abusers, both among in-home caregivers, and those in nursing homes. Findings By The New Jersey…

By: Robert J. Shanahan, Jr., Esq. Guardian candidates are now required to view a video created by the New Jersey Judiciary prior to being appointed by the Court. The New Jersey Courts want to be sure that guardians are aware of their responsibilities and obligations prior to their appointment. Guardianship Monitoring Program in New Jersey…