Archive for the 'Elder Law' Category

IRS Resolves the “Key West Dilemma” by Recognizing Same Sex Marriages Throughout the U.S.

August 29th, 2013

by attorney Mark R. Friedman, FriedmanLaw The IRS announced today that they would treat same-sex couples as legally married based upon the couple’s state of ceremony, not their state of residence. In June, the Supreme Court struck down Section 3 of the Defense of Marriage Act, meaning married same-sex couples could now enjoy the same […]

Plan Your Estate to Benefit Your Loved Ones– Not the Taxman

August 3rd, 2013

[The following article is by guest blogger Julie Donald, a freelance writer with a strong background is finance.  Julie obviously knows her stuff and FriedmanLaw/SpecialNeedsNJ.com are proud to feature her work.] While we’ve come a long way since The Beatles sang about the 95% tax rate England then charged certain high earners, Estate tax planning still is an important part of financial planning. […]

Social Security Amends POMS Governing Special/Supplemental Needs Trust Expenditures

May 17th, 2013

People with serious disabilities often qualify for government benefits like Supplemental Security Income (SSI) and Medicaid that limit eligibility based on finances.  Thus personal injury recoveries attributable to a disabled person often are placed in trust to minimize benefit reduction.  However, federal and state law provide that trusts containing assets of the disabled beneficiary or […]

New Rules Condition Division of Developmental Disabilities Housing Aid on Qualifying for CCW Medicaid

February 22nd, 2013

 People with severe, chronic disabilities that are manifest by age 22 and substantially limit at least three kinds of major life activities are developmentally disabled and potentially eligible for services from the New Jersey Department of Human Services Division of Developmental Disabilities (“DDD”). For many families, the most important DDD benefit is residential housing aid […]

Lawrence A. Friedman’s Special Needs Article is Featured in Law School Textbook

February 14th, 2013

   “Special Needs Estate Planning” has been included in the new law school textbook Teaching Materials on Estate Planning by Gerry Beyer, Professor of Law at Texas Tech University School of Law. Originally written by attorney Lawrence A. Friedman for N.J. Lawyer magazine, the article explains how to plan your estate to protect your child or other loved one with disabilities. The article […]

Signing a Care Facility Contract Without Counsel Costs Wife Big Bucks

December 8th, 2012

While it always is dangerous to sign any contract without first consulting a lawyer, it is especially risky to sign papers provided by a nursing home, assisted living facility, or other care center upon a loved one’s admission.  First, you likely will be under substantial stress and not in a frame of mind to give the contract […]

Is a Reverse Mortgage Right for You

December 5th, 2012

Reverse mortgages can provide income to cash-strapped older homeowners, but they aren’t a panacea.  They can be a quick source of cash but come with a price.  To determine whether a reverse mortgage can help you meet your goals, consider the plusses and minuses. How reverse mortgages work Meant for homeowners age 62 and older, […]

Don’t Become Liable for Your Parent’s Long Term Care Costs

October 29th, 2012

Nursing homes may not require a child to guaranty a parent’s bill although some courts  may enforce a so-called “voluntary” guaranty.  Of course, in the stress filled admission of a parent to a care facility, a child may not realize that he/she is agreeing to a “voluntary” guaranty.  Care facility contracts frequently have other unfavorable provisions that can be difficult to understand or even notice.  Nevertheless, courts often enforce contracts […]

How Old is Too Old to Drive?

October 2nd, 2012

Of course, it’s a “trick question.”  There is no bright age line between those who should and shouldn’t be driving.  As we all know, many factors beyond age influence whether an individual should drive.  As a car or other motor vehicle is a lethal weapon that can harm both the driver and others, nobody whether age 20 […]

Is a Reverse Mortgage Right for Most Seniors?

August 20th, 2012

Reverse mortgages often are marketed as a way for seniors to get extra cash.  While they can be a godsend to some, they also come with negatives.  Reverse mortgages are available only to homeowners age 62 or above with significant home equity.   Thus, a senior isn’t likely to qualify for a reverse mortgage if the home already is subject to substantial […]

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