Medicaid

Early Eligibility For Social Security: A Potential Benefit For Spouses Who Care For Children With Disabilities

Parents who care for children with disabilities almost invariably incur additional financial challenges than others. They often pay for additional medical bills while their children are growing up. Upon attaining the age of 18, many children with disabilities are eligible for Supplemental Security Income (SSI) and Medicaid. Although these benefits are helpful, SSI payments often […]

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New Jersey Court Bans Medicaid Planning By Non-Lawyers

Over the past three decades, the increasing costs of long term care have led many individuals and families to look for ways to preserve the assets which they have spent a lifetime accumulating. In that regard, the discipline of elder law has arisen and has been a focus of practice for many attorneys. As the […]

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Control Disqualifies Trust From Medicaid Protection

Last month, a New Hampshire Court set an irrevocable trust and declared the assets therein available resources which should have been spent on long term care prior to Medicaid eligibility by the individual who established the trust. Specifically, in the Petition of Estate of Thea Braiterman No. 2015-0395 (N.H. July 12, 2016), the New Hampshire […]

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NJ Court Affirms Inheritance Tax Assessments Are Immune From Settlements

Joseph Rendeiro died on December 3, 2006. His Last Will and Testament, dated June 2, 2006, left a specific bequest of $10,000 to his granddaughter, Jessica Fagin, a $25,000 bequest to his sister, Mary Pereira, and the rest of his $2,218,733.66 estate to his son-in-law, Peter De Rosa who was also named Executor of the […]

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Court Upholds Medicaid Annuities

Ten years ago, the landscape of asset protection or Medicaid planning changed dramatically with the passage of the Deficit Recovery Act (DRA) of 2006.  In relevant part, this act impeded prudent estate planning for individuals seeking to secure their assets from long term care costs by expanding the lookback period for gifting from three years […]

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Medicaid Planning by New Jersey Guardians

The issue of whether or not guardians can undertake Medicaid planning on behalf of their wards has come to the forefront of New  Jersey probate litigation in the past two decades. Commencing in 1995, many of New  Jersey’s Superior Courts began to recognize and permit guardians to transfer assets in order to expedite their wards’ eligibility for […]

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