Estate administration is the process of managing and distributing a person’s property (the “estate”) after death.  If the person had a will, the will goes through probate, which is the process by which the deceased person's property is passed to his or her heirs and...

There are many unknowns when planning an estate, but you can’t let the uncertainties get in the way of creating any kind of plan. Having an imperfect plan is usually better than having no plan at all. When planning an estate you want to be able to consider all the...

Litigation over James Brown’s estate has been dragging on for 14 years, but the case took a big step towards resolution when the South Carolina Supreme Court ruled that the woman claiming a spousal share in Mr. Brown’s estate was never legally married to him. Mr....

A New Jersey man has been charged with stealing $330,000 from the special needs trust (SNT) of a man living in a long-term care facility.  The case highlights the importance of having a professional trustee manage an SNT. According to a criminal complaint filed by the...

A trust is a legal arrangement through which one person (or an institution, such as a bank or law firm), called a "trustee," holds legal title to property for another person, called a "beneficiary." Trusts fall into two basic categories: testamentary and inter vivos....

Written By: Andy Jones More than three dozen disability rights groups are urging Congress to end two burdensome waiting periods that Social Security Disability Insurance (SSDI) recipients must currently endure.  The groups sent a letter to both the Democratic and...

Reversing a lower court, an Indiana appeals holds that annuity payments are not available to a Medicaid applicant when determining his eligibility because he named his wife as the payee on the annuity contracts. Hotmer v. Indiana Family and Social Services...

Millions of people are affected by dementia, and unfortunately many of them do not have all their estate planning affairs in order before the symptoms start. If you or a loved one has dementia, it may not be too late to sign a will or other documents, but certain...

A New Jersey appeals court upholds a Medicaid penalty period against a nursing home resident who transferred money to home health care aides because the resident didn’t have a written contract and didn’t prove that the rates paid were for fair market value. D.Z. v....

Raising the minimum wage by as little as 10 percent would significantly improve the safety and health of nursing home residents, according to new research. Most direct care in nursing homes is provided by nursing assistants, who make up about 40 percent of the nursing...

If you are injured because of someone else's negligence, you may have to resort to a personal injury lawsuit in order to obtain payment for the medical care you will need in the future and to compensate you for your pain and suffering. If your injury falls under the...

Many types of property and investments pass outside of probate and allow you to designate who will receive them after your death. It is important that these designations are kept up to date and are consistent with the rest of your estate plan. When you open up an...

Written By: Andy Jones As the COVID-19 pandemic rages on, voting by mail is rapidly becoming the preferred method of states and municipalities looking to protect the right to vote in the current primaries and the November election. But in many jurisdictions, the needs...

Medigap policies that supplement Medicare’s basic coverage can cost vastly different amounts, depending on the company selling the policy, according to a new study. The findings highlight the importance of shopping around before purchasing a policy. When you first...

Written By: Andy Jones [UPDATE: After pressure described below from advocates and lawmakers, the Trump administration released $25 billion to health providers caring for Medicaid patients.]   As the pandemic wreaks its havoc and the economy slides into recession,...