White House proposes Same-Sex Social Security Spousal Benefits

President Obama’s 2016 budget proposes extending Social Security spousal benefits to married same-sex couples, regardless of whether same-sex marriage is recognized in the state in which they live. Under current law, same-sex couples can only obtain spousal benefits if they live in a state that recognizes their marriage.  “This means … Continue reading

NJ Miller Trusts leave little room for Trustee Fees

New Jersey Medicaid recently began permitting the use of Miller trusts (aka Qualified Income Trusts).  People with incomes above the Medicaid income limit (currently $2,199) can use a Miller trust to qualify for Medicaid in a nursing home, assisted living facility or in the community with home care aides. While … Continue reading

Nursing Homes seek Guardianship over Residents to Collect Debts

The New York Times ran an article today on nursing homes filing for guardianship over incapacitated residents in an effort to collect on nursing home bills, even when other family members are available to serve as guardian. The Times article covered a woman with a dementia in a Manhattan nursing … Continue reading

Special Needs Trust vs. ABLE Account

At the end of 2014, the Achieving a Better Life Experience (ABLE) Act became law in the United States, allowing people with disabilities to create ABLE accounts. ABLE accounts allow a person who became disabled before age 26 to create a special bank account.  Money in the account is not … Continue reading

What’s your New Years Resolution?

Happy New Year!  This is the time of year when people make resolutions, and a good one for 2015 may be to get your legal affairs in order. The could mean creating an estate plan, or updating an old one.  Having a quality will, power of attorney and healthcare directive … Continue reading

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Homepage photo: Cows grazing at Meadowbrook Farm, Bernardsville, NJ by Siddharth Mallya. October 23, 2012.
Interior photo: Somerset hills pastoral scene by Lawrence Friedman.