Robert Shanahan

Executors and Financial Privacy Barriers

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

Executors and Financial Privacy Barriers2021-06-08T14:10:18-04:00

FAQs on Wills

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

FAQs on Wills2021-06-08T14:03:05-04:00

Bob Shanahan 2021 Super Lawyer

BOB SHANAHAN NAMED TO 2021 SUPER LAWYERS LIST Our 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

Bob Shanahan 2021 Super Lawyer2021-06-08T14:12:23-04:00

What To Do When Someone Dies

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

What To Do When Someone Dies2021-06-08T14:02:27-04:00

SCAM Alert: Paving Scams

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

SCAM Alert: Paving Scams2021-06-08T14:00:15-04:00

Bob Shanahan 2020 Super Lawyer

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

Bob Shanahan 2020 Super Lawyer2020-06-04T21:20:24-04:00

Coronavirus Information

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. 

Coronavirus Information2020-03-22T18:38:09-04:00

Salute to Scouting Community Breakfast

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

Salute to Scouting Community Breakfast2020-02-25T16:09:38-04:00

Pre-Paid Funeral Plan in New Jersey

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?

Pre-Paid Funeral Plan in New Jersey2020-02-25T16:02:46-04:00

Income Tax and Estates in New Jersey

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

Income Tax and Estates in New Jersey2021-06-08T12:46:42-04:00

Guardianships and Voting in New Jersey

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

Guardianships and Voting in New Jersey2020-02-24T15:50:28-04:00

Inheritance Tax in New Jersey

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

Inheritance Tax in New Jersey2020-04-15T17:02:22-04:00

Living Wills: What You Need To Know

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

Living Wills: What You Need To Know2020-04-17T16:10:57-04:00

Revocable Living Trust in New Jersey

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

Revocable Living Trust in New Jersey2020-04-20T17:46:39-04:00

Relief for Caregivers – Respite Care Program

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

Relief for Caregivers – Respite Care Program2020-04-20T17:34:09-04:00

Durable Power of Attorney and Bank Disapproval

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

Durable Power of Attorney and Bank Disapproval2020-04-14T15:43:41-04:00

Our Client Care Program For Estate Planning Clients

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. 

Our Client Care Program For Estate Planning Clients2020-04-20T16:13:39-04:00

Elder Abuse

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

Elder Abuse2020-04-14T15:58:34-04:00

Dementia and Signing Legal Documents

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,

Dementia and Signing Legal Documents2021-12-07T06:26:21-04:00

Guardianship Abuse

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

Guardianship Abuse2021-12-07T06:23:23-04:00

Alzheimer’s Village Being Constructed in France

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

Alzheimer’s Village Being Constructed in France2020-04-13T14:23:48-04:00

Changing The Deed To Your Home

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,

Changing The Deed To Your Home2020-04-13T15:01:55-04:00

Non-Disclosure Agreements for Business

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

Non-Disclosure Agreements for Business2020-04-22T15:39:41-04:00

Avoid Wire Transfer Fraud

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

Avoid Wire Transfer Fraud2020-04-22T14:42:52-04:00

What is Guardianship?

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

What is Guardianship?2021-12-03T05:30:11-04:00

Identity Theft

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

Identity Theft2022-02-10T02:11:58-04:00

Inheritance Tax in New Jersey

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

Inheritance Tax in New Jersey2020-04-15T17:16:32-04:00

POLST: A Solution to DNR Issues

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

POLST: A Solution to DNR Issues2020-04-20T16:56:10-04:00

What To Do When Someone Dies

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

What To Do When Someone Dies2020-04-21T14:48:45-04:00

Facebook: What Should Happen to People’s Online Identity When They Die?

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

Facebook: What Should Happen to People’s Online Identity When They Die?2020-04-14T16:07:52-04:00

Who Has Control Over My Funeral?

“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

Who Has Control Over My Funeral?2020-04-21T15:02:29-04:00

Medicaid and the Five-Year Look Back Period

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

Medicaid and the Five-Year Look Back Period2020-04-17T17:25:55-04:00

NJ Hidden Camera Program Expanded to Catch Elder Abuse

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,

NJ Hidden Camera Program Expanded to Catch Elder Abuse2020-04-20T15:40:22-04:00

Who Gets Grandma’s Yellow Pie Plate? ™

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

Who Gets Grandma’s Yellow Pie Plate? ™2020-01-17T02:14:30-04:00

Non-Probate Assets May Undermine your Estate Plan

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

Non-Probate Assets May Undermine your Estate Plan2020-04-20T15:53:27-04:00

Get Advice from an Experienced Elder Law Attorney

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

Get Advice from an Experienced Elder Law Attorney2020-04-14T16:26:45-04:00

Nursing Home Residents’ Rights in New Jersey

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

Nursing Home Residents’ Rights in New Jersey2020-04-20T16:08:24-04:00

New Jersey Guardianships

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

New Jersey Guardianships2020-04-20T15:24:36-04:00

New Jersey Estate Tax Repealed!

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)

New Jersey Estate Tax Repealed!2020-04-17T18:00:35-04:00

Powers of Attorney and Your Bank Accounts

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

Powers of Attorney and Your Bank Accounts2020-04-20T17:07:43-04:00

Lessons From the Bottom Line

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

Lessons From the Bottom Line2022-08-16T12:09:16-04:00

The Qualified Income Trust (QIT)

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 Qualified Income Trust (QIT)2020-04-21T13:38:03-04:00

Why Am I Still in the Waiting Room?

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

Why Am I Still in the Waiting Room?2020-04-21T15:07:44-04:00

Tools for Caregivers

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

Tools for Caregivers2020-04-21T14:04:46-04:00

Employee or Independent Contractor

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

Employee or Independent Contractor2021-12-03T05:27:25-04:00

Irrevocable Life Insurance Trusts

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

Irrevocable Life Insurance Trusts2021-12-07T06:19:26-04:00

Volunteer Guardianship Community Education Program

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

Volunteer Guardianship Community Education Program2020-01-07T14:36:55-04:00

How Does Medicaid Work?

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,

How Does Medicaid Work?2020-04-15T16:30:23-04:00

Choosing an Executor

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

Choosing an Executor2020-04-13T15:12:21-04:00

Robert J. Shanahan, Jr. Esq. named 2016 Five Star Professional as an Estate Planning Attorney

The law firm of Law Offices of Robert J. Shanahan, Jr., 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

Robert J. Shanahan, Jr. Esq. named 2016 Five Star Professional as an Estate Planning Attorney2020-04-21T13:26:59-04:00

Collaborative Mediation and Family Disputes

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

Collaborative Mediation and Family Disputes2022-08-31T12:48:27-04:00

Understanding Guardianships

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

Understanding Guardianships2021-12-07T05:46:54-04:00

Your Business is a Separate Person from its Owner

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

Your Business is a Separate Person from its Owner2020-04-22T16:35:24-04:00

Who Can be a Guardian?

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

Who Can be a Guardian?2020-04-21T14:56:20-04:00

Practical Guide to Living Wills

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

Practical Guide to Living Wills2021-12-07T05:53:22-04:00

It’s Too Late to Sign a Power of Attorney

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

It’s Too Late to Sign a Power of Attorney2021-12-07T06:18:52-04:00

Attorney Shanahan completed NJAPM Training

Spring 2014:  Attorney 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 accreditation by the NJAPM.

Attorney Shanahan completed NJAPM Training2022-08-16T12:21:24-04:00

What to Do When Someone Dies

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

What to Do When Someone Dies2020-04-21T14:43:03-04:00

What a Guardian Must Do When the Ward Dies

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

What a Guardian Must Do When the Ward Dies2021-12-03T05:23:11-04:00

Collaborative Law in the Elder Law Field

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

Collaborative Law in the Elder Law Field2021-12-03T05:22:18-04:00

New Jersey Judiciary Launches Volunteer Guardianship Monitoring Program

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

New Jersey Judiciary Launches Volunteer Guardianship Monitoring Program2020-04-20T15:30:12-04:00

Not Updating Your Will is a Huge Financial Mistake

The February 2013 edition of Consumer Reports (CR) has an interesting article on “7 Money Stumbles to Avoid”. CR completed a study about American’s money habits and found “several common and insidious blunders that could cause significant financial, and sometimes emotional, pain.” Guess what was

Not Updating Your Will is a Huge Financial Mistake2020-04-20T15:57:20-04:00
Go to Top