Another Word About QITs – Part 5
In my last post on this topic (4/4/21) I told you about a case involving a qualified income trust (QIT) that was not used correctly causing the denial of a Medicaid application which we had filed. I appealed and the judge reversed the denial excusing the technical mistakes made by the
Estates Left Unattended – Part 3
This 3rd post of 3 is about estate administration which was begun but not finished by an executor who died. As I explained last week, I first had to petition the court to be appointed administrator. The estate consisted of a house and investment accounts. There were several issues that needed immediate attention. Because
Estates Left Unattended – Part 2
In my post last week I explained that while probating a will is not necessary in each and every instance, when there is a need - because there is an asset that can’t be administered any other way - there is a danger in not attending to this need. The risk
Estates Left Unattended
When we get a call from family members when a loved one has passed away, they typically ask how quickly they can or need to probate the will or otherwise begin the estate administration process. The act of probating or “proving” the will - presenting it to the county Surrogate and
Another Home Based Medicaid Option – Part 3
In the final post of 3, this week I again discuss the Personal Preference Program, a home based Medicaid program. As I explained last week, once an applicant is approved through the usual Medicaid application process, a consultant is assigned to the case to determine a budget that is then used
Another Home Based Medicaid Option? Part 2
Last week I wrote about another possible home based Medicaid option in New Jersey beyond the traditional one. It’s called the Personal Preference Program or PPP. It gives the Medicaid recipient and his or her family members more control over the type of care the recipient receives. As I stated last week the
Another Home Based Medicaid Option?
In the past year we have probably handled more Medicaid home based applications than in the previous 5 years combined. Much of this has to do with the current pandemic and the reluctance of families to place their loved ones in facilities where maintaining Covid safety is more difficult than in
Remote Notary Revisited
Last year in response to the COVID crisis, first New York and then New Jersey temporarily allowed for the execution of documents that must be signed before a notary to be done remotely. Legal documents such as powers of attorneys and wills could now be signed with a notary looking on
Why a Will is so Important in a Second Marriage – Part 2
In my post last week I began telling you about Mary’s call. Her husband, John passed away without a will so for the probate assets - those held by John individually with no co-owner and no beneficiary upon death - New Jersey’s intestacy laws would control. As I explained last week, these
Why a Will is So Important for Spouses in a 2nd Marriage (Part 1)
I have often heard people say that they don’t need a will. “My wishes are known by my family”, they’ll say. But a recent call to our office shows how wrong that can be. Mary’s husband John had passed away from a long illness. Although he had time to prepare a will he never