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Frequently Asked Questions

Answers to common questions about elder law, estate planning, Medicaid, and probate

Elder law covers legal issues affecting older adults: estate planning, Medicaid/Medicare, long-term care, guardianship, asset protection, and Social Security. It addresses both legal and personal care considerations.

Now. Estate planning is for everyone regardless of age or wealth. Life events like marriage, children, home purchase, or retirement are good triggers, but there is no wrong time to start.

A will takes effect after death and goes through probate. A trust can take effect during your lifetime, avoid probate, and provide ongoing management of assets. Many plans use both.

Strategic legal planning to preserve assets while securing Medicaid eligibility for nursing home or long-term care. It involves understanding complex federal and state rules about asset transfers, income limits, and spousal protections.

New Jersey has a 5-year look-back period. Any asset transfers made within 5 years of applying for Medicaid may result in a penalty period of ineligibility. Certain transfers are exempt.

There are legal strategies to protect your home, but they must be implemented well in advance of needing care. An irrevocable trust or other planning tools may help, depending on your situation.

New Jersey's intestacy laws determine how assets are distributed. This may not match your wishes and can create complications for your family. A will ensures your intentions are honored.

A legal document authorizing someone to act on your behalf for financial or legal matters. A durable power of attorney remains effective if you become incapacitated — essential for elder care planning.

A court proceeding to appoint someone to make decisions for a person who can no longer manage their own affairs. It involves legal filings and court oversight.

Contact my office to discuss consultation fees and what to bring to your first meeting. Call (973) 838-3636 ext. 4.

My office in Wanaque, NJ serves clients throughout Passaic and Morris counties, including Kinnelon, Oakland, Wayne, Butler, Pompton Lakes, Pequannock, Lincoln Park, and Bloomingdale.

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