One of the more challenging problems faced by an executor of an estate, or, by any fiduciary, is the security barriers set in place by banks and other financial institutions to obtain information and accounts. Many executors rightly complain that every bank, every financial
Netflix has rolled out a new program called, I Care A Lot. It portrays a woman who misuses the court system to prey on the elderly, place them in institutions and steal their assets. Here is a good article about it, and the problem
Some Frequently Asked Questions About Wills During the course of drafting Wills for clients, there are common questions asked of me about various options and clauses which can be or are included, in the first draft. Here are a few: Common Disaster I
BOB SHANAHAN NAMED TO 2021 SUPER LAWYERS LISTOur Partner, Bob Shanahan, has been selected to the 2021 New Jersey Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to
I often receive calls from people who have just lost a loved one and want to know what to do. Often, these calls occur within two days of the event, and the callers are either “shell-shocked” or, understandably, upset. They are very worried about how
I’m sorry for your loss. I truly am. There are few things more terrible than losing a loved one. It creates a hole in our lives, and it confronts us with our own mortality and our wishes for the next generation. Few of us have
The Readington Township Police Department has issued a scam alert for its residents. I am sure this scam is not limited to Readington Township but can be found all over Hunterdon County. The scam consists of unsolicited offers to pave a residential driveway. As usual
BOB SHANAHAN NAMED TO 2020 SUPER LAWYERS LIST Our Partner, Bob Shanahan, has been selected to the 2020 New Jersey Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers
The Corona Virus has taken center stage in news reports and awareness. While we do not wish to add to any anxiety already evident in the public discourse, we are obliged, as much as possible, to keep a safe environment for all of our visitors.
Bob Shanahan Chairs the 2020 Salute to Scouting Community Breakfast Bob Shanahan has agreed to chair the 2020 Salute to Scouting Community Breakfast, to be held on Thursday, March 12, at the Mountainview Chalet in Asbury, New Jersey. The gathering starts at 7:00 a.m. and
Should I Buy a Pre-Paid Funeral Plan? Pre-paid funeral plans can be a useful part of an estate plan. A traditional estate plan considers how your assets will best be divided upon your death. Why not finish your plan by providing for your funeral now?
Income Tax and Estates The beginning of the new year means that we will be receiving tax documents in the mail which are needed for the preparation of income tax returns by April 15th. Executors and administrators of estates should be aware of these documents
Guardianships and Voting in New Jersey When a guardianship is granted over a person due to incapacity, there is an adjudication by a court that the person is unable to manage their own affairs due to dementia, mental illness or some other cause. The question
Who Pays the Inheritance Tax? Inheritance Tax is generally paid on inheritances left to anyone other than a spouse, children or grandchildren, in New Jersey. Money left to a sibling or a non-relative is subject to tax, which must be paid within eight months after
What You Need To Know About Living Wills in New Jersey “I’m not afraid of death. I just don’t want to be there when it happens.”—Woody Allen Living Wills, or “Advance Directives for Healthcare”, have been around for decades. Unfortunately, many people do not consider
Revocable Living Trusts are often recommended as a way of transferring assets to loved ones, in lieu of drafting a Last Will and Testament. The benefits of such a Trust are routinely stated: the need to avoid probate, privacy concerns and even avoidance of death
Payments Made to Child for Caregiving Found Impermissible by New Jersey Medicaid I am often asked if, under the Medicaid rules, a child caregiver can be paid by a parent. New Jersey Medicaid has been very critical of such arrangements. It usually finds such payments
Your Designation of a Funeral Agent Under the Revised Right to Control Law On July 19, 2019, New Jersey Governor Murphy signed into law the revised, “Right to Control Law”. This law specifies who can authorize the funeral and disposition of the remains of a
The Statewide Respite Care Program Offers Relief for Caregivers The Statewide Respite Care Program offers relief to caregivers who, for many reasons, may need some time away from their caregiving chores. I recently met with JoAnn Leeds, BSN, RN, who is the Program Coordinator of
The Durable Power of Attorney and Bank Disapproval By: Robert J. Shanahan, Jr., Esq. Any good estate planning attorney will have a client prepare a Durable Power of Attorney when preparing a Last Will and Testament. Elder law attorneys will also urge clients to prepare
The new federal tax law creates a business income deduction of twenty percent for small businesses. This is a tremendous help to small businesses, particularly in New Jersey. But for limited liability companies which have elected to be taxed as an S-Corporation, there could be a
The Client Care Program, now in its seventh year, was created to give our estate planning clients an opportunity to have their Last Wills, Powers of Attorney, Advance Directives for Healthcare or Living Wills, and other documents, reviewed in light of present-day law and opportunities.
If you are acting as an Executor or Administrator of an Estate, a court appointed guardian, an agent acting under a Power of Attorney, or a Trustee, you are a Fiduciary. By law, a Fiduciary is accountable for their acts and must act in the
Please join us for an evening at the Beaver Brook County Club Date: Thursday, November 29, 2018 Time: 6:00 PM - 8:30 PM Location: Beaver Brook Country Club Standing In the Gap 25 Country Club Drive Annandale, NJ 08801 Presented By: Robert J.
Limited Liability Companies are the most popular business entity used in forming any new business. This is because of its flexibility, tax friendliness, and protection of personal assets from business liabilities. They are easily set up, and many people create them online themselves, use a
Elder abuse has been defined as an intentional act which creates a serious risk of physical, emotional or financial harm to an elderly person. The act can be a failure to provide or obtain the care needed by an elderly person, to financial theft or
If there is no Last Will and Testament appointing an Executor, or if none of the people named as Executor in a Last Will are able to act, then the appointment of an administrator will be necessary to administer the estate. Who will be
Dementia creates serious problems, no doubt. Among them is the compelling issue of who will make decisions for a person suffering from dementia, and who has the right to appoint such a decision-maker? What are the spouse’s rights? How about the children, individually? More importantly,
Guardianship abuse reports have been in the news repeatedly, https://www.nextavenue.org/guardianship-u-s-protection-exploitation. Reports of the guardianship system being used to steal and exploit those unable to help themselves are on the rise. Criticism of “the System”, how one becomes a guardian, and the lack of oversight of
“Aging in place”, or receiving care at home, is the desired goal of many people when thinking about their “Golden Years”. Understandably, we want to stay in our homes, our familiar surroundings, when we get old. As we get even older, hiring in-home care, such
Alzheimer’s Disease patients are about to experience a revolutionary living space in France. Yahoo news reported on June 4, 2018, that work has begun on a new Alzheimer’s Village” where patients will have free rein in a “medieval style citadel” designed to increase their freedom
We know you are out there - business owners and individuals who resort to cheap form contracts purchased online or from an office supply store. You have so many expenses and you've heard issues rarely occur. The form is affordable. You are a good
A Power of Attorney and a Health Care Power of Attorney for Young Adults Peace of Mind for Parents and A Measure of Safety for College Students A Power of Attorney and a Health Care Power of Attorney are important documents for young adults to prepare. Once
Deeds to real estate, especially for your house, are known to be very important documents. Many consider changing a deed in order to ensure that their house gets passed to the next generation or some other significant person. This must be done with some foresight,
Non-disclosure agreements between businesses are becoming more and more common, as businesses team up together to accomplish common ventures and services, or even by those wishing to sell. Non-disclosure agreements are not something that should be lightly considered as a poorly worded agreement may lead
The difference between a Durable Power of Attorney and a Guardianship is easy to explain, but there are many differences. Durable Power Of Attorney A Durable Power of Attorney is a legal document whereby you appoint someone to take care of your financial matters if
Wire transfer fraud is increasing during the course of business and real estate closings. I recently learned of an attorney whose AOL email was hacked. Using a fake email address that appeared to be from the law office, the criminal emailed fraudulent wire transfer instructions
A Last Will and Testament, if properly drafted, indicates how you would like your assets distributed to your heirs, appoints an Executor to carry out your wishes, and should indicate who has authority over the disposition of your remains. In New Jersey, it can be
Will the Farm Stay in the Family? Farms are abundant in New Jersey, in part thanks to the hard work and handshakes of generations who lived before in simpler times. Unfortunately, the days of “handshake” deals are behind us. Charming, historic agricultural buildings are costly
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
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
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 https://www.accidentalpi.com, to speak to my firm’s Client Care Program members Data Collection Via Your
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 NJ Inheritance Tax: Who's paying? The “Transfer Inheritance Tax” is assessed against inheritances
POLST, or Physician’s Orders for Life Sustaining Treatment, is a relatively new document which may be more appropriate for a patient than the traditional “DNR” or do not resuscitate, order at a hospital. It is certainly more powerful than a Living Will, but it is
A loved one has died. What to do? Whom do I call? Family and friends are all advising. Some are conflicting. Some are warning. I feel so stressed. What do I do? First Things First: Take Care of Your Family and Yourself Take care of
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
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
“Control over my funeral” is becoming a developing issue in my practice. Funeral directors have asked me to sign statements that I have such authority when I have buried my wards as a court appointed guardian. Now, family survivors are disagreeing over the disposition of
Probating an estate is one of life’s duties for many of us. At some point, you may be called upon to handle a loved-one’s estate. It just happens. Whether being named as “Executor” in a Last Will, or stepping forward to act as “Administrator” where
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
Hidden cameras are now available to address the significant increase in elder abuse complaints against home healthcare 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,
A Complimentary Presentation by: Robert J. Shanahan, Jr., Esq. New Jersey Attorney at Law, Concentrating in Estate Planning and Elder Law June 9, 2017, 1:00 p.m. Hunterdon County Senior Center, Route 31 County Complex 4 Gauntt Place, Building # 1, Flemington NJ 08822 (908)788-1359 Passing
Personal Possessions. Those writing a Last Will and Testament, as we say in the law, often overlook “personalty”. We tend to focus on the money aspect of our estate: who will get our accounts, our IRA’s, our life insurance policies. We don’t spend time thinking
By: Robert J. Shanahan, Jr., Esq. Community Care Retirement Communities Continuing Care Retirement Communities, or CCRC’s, have become very popular in New Jersey and elsewhere. CCRC Entrance Fees CCRC's offer seniors a place to live with services that will automatically adjust as care
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
Probate versus non-probate assets must be understood in order to draft a proper estate plan. Your Last Will only controls probate assets. Your non-probate assets could upset the intent you expressed under your Last Will if not properly identified, reviewed, and titled. Probate versus Non-Probate
Elder law has become an increasingly important practice area because more people are living longer. The practice of elder law involves the following: Estate planning Disability planning Arranging for care, Social Security, and retirement benefits Long-term care insurance Long-term care planning Medicaid Healthcare directives Nursing
By: Robert J. Shanahan, Jr., Esq. Nursing home residents' rights--they do have them. People do not lose their rights merely because their place of residence has changed to a nursing home. New Jersey law sets a list of rights for nursing home residents. The nursing
Increasingly, we Baby-Boomers are being called to care for a parent, or another, who has dementia. At the more advanced stages of this disease, the individual will lose capacity to make decisions about their finances, health care, living arrangements and the like. Unless the person
You could knock me over with a feather. I never thought I would live to see the day when the New Jersey Estate Tax would be repealed, but both houses of the legislature in Trenton passed a repeal bill, and Governor Christie signed it. (www.state.nj.us/treasury/taxation/njestatetax.shtml)
Having a Durable Power of Attorney is Highly Recommended A Durable Power of Attorney is one of the three important documents you should have. Aside from your Last Will and Testament and an Advance Directive for Health Care (“Living Will”), the Power of Attorney is
You’ve done the “right thing”, “stepped up to the plate”, and have signed a Last Will and Testament. You have protected your heirs, named an Executor, appointed a guardian for your kids, and maybe did some estate tax planning. When you die, everything will be
There is growing confusion over when an Executor must obtain a New Jersey Inheritance Tax Waiver to close a bank or investment account. My Executor clients in Hunterdon County are reporting that banks are requiring tax waivers to close or transfer an account. In nearly
I was recently asked to speak about "Teachable Moments in Business" from my perspective as a business attorney. Not surprising, the first thing that came to mind are many of the family and small businesses that we have assisted in Central New Jersey. The opportunity to
You are Going to Have a Problem I am a “Baby-Boomer”. It makes me feel better to say that I was born at the tail end of that generation, not because of my age (I’m happy with being in my 50’s), but because I have
Remember Joan Rivers? “Can we talk?” Can we? Why Do You Do It? Why do people try to handle legal matters on their own, without a lawyer? You know what’s going to happen. They are going to wind up in some lawyer’s office later with
This article has been a long time coming. I have thought about writing it many times, but stopped myself. But, I can’t take it anymore. The banks are driving us crazy. It’s not all banks. It’s just the very large, national banks. The guys that
In order to be approved for Medicaid benefits in 2016, an individual can have no more than $2,199.00 in monthly income. This includes Social Security, pension and other monthly income. Many times, particularly when a widow or widower collects their spouse’s Social Security, the individual’s
The “Hook” That Is Offered To You By The Nursing Home Upon the admittance of a loved one to a care facility, a discussion of payment for services will take place. The nursing home will let you know when your loved one’s money is likely
Many times, a child or a friend will bring in a parent or another person to speak to one of our attorneys about preparing a Last Will and Testament or other important document. It is standard procedure for the attorney to exclude the child or
Caregivers of elderly parents often experience a parent who routinely makes donations to every charity or cause sending a mailing or who solicits on the phone. It becomes a big problem when an elderly parent gives away thousands of dollars when they are themselves in
Determining whether a person is operating as an employee or an independent contractor is significant for many reasons, including taxation purposes, coverage under key employment statutes such as Workers’ Compensation Act, Law Against Discrimination, and Unemployment Compensation Law, tortious liability, and in determining the duties
As I have written previously, there are many different types of trusts. Depending upon what you are trying to accomplish, there may be a trust that can help you. This article is about Irrevocable Life Insurance Trusts, sometimes called, “ILIT’s”. The purpose of this trust
VOLUNTEER GUARDIANSHIP COMMUNITY EDUCATION PROGRAM All programs are FREE of charge. The series will be held in the Auditorium on the first floor at Hunterdon Medical Center located at 2100 Wescott Drive, Flemington, New Jersey. A light dinner (boxed meal) will be served. Please RSVP
Medicaid is a Federal program that is administered by the individual States. Its purpose is to pay the medical bills of the indigent. Presently, Medicaid is available for others, but for the purposes of this article, I will only describe the program for the indigent,
There is a Misunderstanding of the Role of the Attorney “All I need is a Simple Will.” This was said to me even before we sat down in my conference room. “Why then”, I thought, “are you coming to me?” “If all you want from
Being “Fair” By Naming All Children as Fiduciaries Many parents prefer to name all of their children as Co-Executors, Co-Trustees or co-guardians in their Last Wills. They “just want to be fair” and not have to choose between them. Making this, and other types of
The law firm of Shanahan & Voigt, LLC is pleased to announce that Robert J. Shanahan, Jr. Esq. has been named a 2016 Five Star Professional as an Estate Planning Attorney. Robert J. Shanahan, Jr. practices in central New Jersey at the law firm of
Families are often interested in creating care agreements between a parent, who is in need of care, and a child. The agreement is a written contract setting forth the type of care to be provided and the monthly fee to be paid to the caregiving
By: Marjorie Rand When a parent can no longer care for oneself, the family often considers the option of hiring a home health aide so their parent can stay in their home. Hiring home health aides has become very common with the aging of the
By: Robert J. Shanahan, Jr. Esq. During this month, I have joined a team of presenters in teaching a four-session course on Collaborative Law, sponsored by the Hunterdon County Bar Association. The course presents basic training for lawyers and other professionals who wish to practice
By: Robert J. Shanahan, Jr. Esq. When it appears that a parent needs nursing home care, the family is often concerned that the money earned by the parent will all be spent on their care. That the parent’s hope of passing on assets to their
Helping Those Who Cannot Help Themselves The court may appoint a guardian when an adult becomes incapable of making responsible decisions due to a mental disability and has no Power of Attorney naming someone to act on his or her behalf. The guardian acts as
In the eyes of the law, many business entities are considered to be separate “persons” from their human owners. This is an important concept to master, since it explains many of the procedures with which owners of S-Corporations and Limited Liability Companies must comply. Owners
When a loved-one is no longer able to make decisions about their finances, housing or medical treatment, and the doctors are telling you that this person has lost capacity, a guardian needs to be appointed by a court. Someone needs to step forward to make
I know that you are only trying to help. When a client comes in and tells you that their spouse has died, your first instinct is to help your client through a difficult time. You may open an estate account, move some assets into it.
An example of a quickly signed weak Living Will. You’ve gone to the hospital, maybe for a routine procedure. As you are admitted, a nurse asks you if you have a Living Will. You answer, “no”, and she hands you a paper and asks if you
Do you have too much Income? Do you have too much income? I sometimes find that a client, or a client’s loved-one, has too much income to get Medicaid coverage for assisted living or nursing home care. Medicaid requires an applicant to have less than
The Scenario Often, I receive telephone calls from a family member asking me to prepare a Power of Attorney for a parent. It is needed fast, I am told, because the parent needs nursing home care. My conversation quickly reveals that the parent is suffering
You’ve done the “right thing”, “stepped up to the plate”, and have signed a Last Will and Testament. You have protected your heirs, named an Executor, appointed a guardian for your kids, and maybe did some estate tax planning. When you die, everything will be
Spring 2014: Attorneys Nicole L. Voigt and Robert J. Shanahan, Jr. completed a 30 Hour Civil Mediation Training Course conducted by the New Jersey Association of Professional Mediators (NJAPM): a prerequisite to appointment to the Roster of Court Appointed Attorneys for the Civil Division to
I often receive calls from people who have just lost a loved one and want to know what to do. Often, these calls occur within two days of the event, and the callers are either “shell-shocked” or, understandably, upset. They are very worried about how
BY ROBERT J. SHANAHAN, JR. ESQ. Generally, a court order creating a guardianship for an incapacitated person terminates upon the death of the ward. The guardian is relieved of his or her responsibilities as guardian and may not take any further action with regard to
By: Robert J. Shanahan, Jr. Esq. BACKGROUND Collaborative Law has been mainly used and developed in the Family Law arena, but it was never intended to be limited to Family Law. Collaboration, by attorneys, with accountants, physicians, social workers and others, has been happening in
By: Robert J. Shanahan, Jr. Esq. Much has been said about the use of mediation as a tool to avoid long and costly trials in civil litigation over the past two decades. It has been proven as a useful tool in settling business and family
As a BSA merit badge counselor, I once asked a group of Scouts for the definition of “community”, as in how to be a good member of a community. One Scout answered, “It means, I’ve got your back.” Of all of the definitions I have
It is often assumed that when an incapacitated person needs a guardian, all right of decision-making is taken from the person in need. While the removal of the right of self decision-making may be required in the vast majority of cases, it is not necessarily
Pending in the New Jersey legislature is a proposed law which would require Medicaid applicants to sell any life insurance policies they own and use the money toward nursing home care. Currently, New Jersey Medicaid applicants can keep term life insurance policies; they must cash
In New Jersey, and many other states, a surviving spouse has a right to one-third of a deceased spouse’s estate, despite provisions in the Last Will to the contrary. In other words, you may disinherit your spouse in your Last Will, but he or she
New Jersey Chief Justice, Stuart Rabner, announced a statewide program to monitor court appointed guardians and their care of the state’s most vulnerable citizens, the elderly and disabled who rely on legal guardians to manage their financial and health-related decisions. The plan calls for volunteers
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