NJ Medicaid Raises Penalty Divisor for Gifts

NJ Medicaid issued a notice that effective today, April 1, 2015, the penalty divisor has been increased to $332.59 / day. What is the penalty divisor?  It arises when someone is seeking long term care Medicaid (i.e., Medicaid that pays for a nursing home, assisted living facility or home care … Continue reading

Special Needs Trusts: Don’t get them mixed up

Today I want to talk about the difference between first and third-party special needs trusts.  It’s a bit technical, but if you have a child or other loved one with special needs, it’s very important not to confuse the two.  Virtually all parents I meet and even many lawyers do … Continue reading

Calculating Executor Commissions in NJ Probate

If you’re an executor to an estate, you can take a commission – to pay yourself out of the estate for the hard work that being an executor entails.  An executor doesn’t have to take a commission, but is entitled to do so.  (This also applies to an administrator managing … Continue reading

Medicare will Change how it Rates Nursing Homes

The federal government is changing how it rates nursing homes. Medicare publishes ratings on every nursing home in the country in a database called Nursing Home Compare.  It makes available a variety of information, and assigns a “star rating” similar to a restaurant or hotel, from one to five stars. … Continue reading

Personal Injury Settlements Can Avoid Health Insurer Liens

On Feb. 23, 2015, the Supreme Court declined to review a key decision by the U.S. Court of Appeals for the Second Circuit Wurtz v. Rawlings Co., LLC , — F.3d —, 2014 WL 3746801 (2nd Cir. 2014). The Second Circuit’s July 2014 decision held that New York personal injury settlements are not required … 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.