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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 aides) and has made gifts.  […]


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 not understand the difference.  It […]


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 an intestate estate.) The amount […]


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. In August 2014, the New […]


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 to reimburse health insurers for accident […]


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Homepage photo: Cows grazing at Meadowbrook Farm, Bernardsville, NJ by Siddharth Mallya. October 23, 2012. http://en.wikipedia.org/wiki/File:Autumn_Leaves_13.jpg.
Interior photo: Somerset hills pastoral scene by Lawrence Friedman.