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So far Jane has created 14 blog entries.

Gifting to Children & Grandchildren

By Jane M. Fearn-Zimmer, Esquire Clients frequently want to know whether they may make gifts to their children and grandchildren for birthdays, holidays or to assist the child financially.  It is not uncommon to encounter confusion between the federal gift tax regulations with the Medicaid regulations, which are two entirely distinct sets of rules. Many people are familiar with the annual exclusion found at § 2503(b) of the Internal Revenue Code, which allows an individual to gift without a gift tax consequence, up to the sum of $14,000.00 annually [...]

By |2018-06-28T12:44:56-04:00December 22nd, 2017|Blog, Law Update, Medicaid|

Estate Planning Documents Needed

  Akin to insurance for your home and property, the key legal documents to avoid a crisis are essential. Every competent adult needs a Health Care Power of Attorney (HCPOA) and a financial power of attorney (POA). Long-term care insurance is also very important for those over age forty to protect you, your care, and your home and finances. (A Last Will and Testament is also recommended for any adult who owns property in his sole name, has a child under the age of 18, or a disabled child. [...]

By |2018-06-28T12:45:35-04:00September 19th, 2017|Blog|

Fighting the Medicaid Transfer Penalty

If a Medicaid applicant gives away assets without receiving fair market value in return during the five year Medicaid look back period, a Medicaid penalty period for the uncompensated transfer of assets will generally result.  The Medicaid penalty period runs prospectively from the date the applicant is determined otherwise eligible for Medicaid. As a practical matter, the Medicaid transfer penalty means that Medicaid will deny payment for your long-term care until the penalty expires. What are your options? First, consider returning all of the transferred property. If this is [...]

By |2018-06-28T12:46:03-04:00March 10th, 2017|Blog, Medicaid|

A New Year’s Resolution for a Life Care Plan

As a parent and a practicing attorney, I love the New Year’s season, which brings along with the hats, horns and glittery ball dropping in Time’s Square, the opportunity to reflect on what worked well during the past year, and to plan for the future.  In the coming days, set aside some time to consider how a life care plan can protect and enhance your future. Life care planning is a collaborative, holistic, elder-centric approach to managing your loved ones’ long-term care. This cutting-edge discipline combines legal services, geriatric [...]

By |2018-06-28T12:46:54-04:00January 20th, 2017|Blog, Elder Care|

Pennsylvania Inheritance Tax Explained – 8 Questions Answered

Who knew that the Commonwealth of Pennsylvania is one of only twenty United States jurisdictions which collect a state death tax? For the Pennsylvania resident decedent, regardless of whether the beneficiaries live in Philadelphia, Bucks, Montgomery or Delaware Counties, or beyond the borders of the Commonwealth, the Pennsylvania Inheritance tax will likely impact any inheritance. Here are my answers to the questions I hear most frequently as I guide clients through the estate administration process. 1. I already filed the decedent’s taxes on April 15th. Why do I need [...]

By |2018-06-28T12:47:17-04:00September 30th, 2016|Blog, Family|

How to Select a Long Term Care Facility

Navigating the long-term care continuum can be very confusing. There are so many facilities out there, and each one has its own advantages. How do you choose the best facility for your loved one? It’s almost as bewildering as trying to find the right bathing suit, only so much more important! There are various tools available online. The federal government‘s website, Nursing Home Compare, provides information regarding skilled nursing facilities participating in the Medicare and Medicaid programs. CMS posts state survey results and staffing levels and quality measures reported by [...]

By |2018-06-28T12:47:40-04:00April 15th, 2016|Assisted Living, Blog, Elder Care|

Avoiding Income Tax Scams and Identity Theft

By Jane M. Fearn-Zimmer, Esquire Reports of identity theft and other financial scams are becoming more and more frequent. Recently, the Internal Revenue Service (IRS) warned of fraudulent tax schemes perpetrated by fraudsters claiming to work for the Service and other government agencies.  One ruse involves criminals posing as IRS agents. They manipulate telephone caller identification information to suggest affiliation with the federal government and may use fake names, titles, badges numbers and may even copy official IRS letterhead for use in e-mail and letters.  You can read about [...]

By |2018-06-28T12:48:09-04:00October 30th, 2015|Blog, Family|

The ABLE Act 102

This past February, Jerry and I both blogged on the ABLE Act, which created a new type of tax-advantaged savings plans for the benefit of disabled individuals under § 529A of the federal Internal Revenue Code.  ABLE accounts will be somewhat similar to educational savings accounts established under I.R.C. § 529.  The new provision is important because § 529A provides the disabled ABLE account beneficiary with special treatment in determining the beneficiary’s financial eligibility for Medicaid. Normally, in order to be eligible for Medicaid in New Jersey, the Medicaid [...]

By |2018-06-28T12:48:40-04:00June 26th, 2015|Blog, Law Update|

THE ABLE ACT 101

By Jane M. Fearn-Zimmer, Esquire Jerold E. Rothkoff, Esquire blogged on new legislation passed by Congress called the ABLE Act, which allows  people who can show that they become disabled prior to the age of twenty-six (26) and their families, to enjoy tax-favored savings for a variety of expenses, by establishing an  a savings account which functions similarly to a 529 educational savings account. I am pleased to report that President Obama has signed that legislation, and the Treasury Department is now drafting proposed regulations to implement the law. [...]

By |2018-06-28T12:50:10-04:00February 27th, 2015|Blog, Law Update|

Using Qualified Income Trusts to Qualify for Home and Community Based Services

Effective December 1, 2014, New Jersey has received authority from the federal government to begin using Miller Trusts, also known as Qualified Income Trusts (QIT’s), to assist individuals who are over the $2,163.00 monthly

By |2018-06-28T12:53:22-04:00January 16th, 2015|Blog, Elder Care, Medicaid|

Recent Developments in NJ Guardianship Law

Recent Developments in NJ Guardianship Law Where an adult is incapacitated and cannot make decisions for herself, and that adult has no pre-existing, valid power of attorney, or the power of attorney is no longer effective, a guardianship may be indicated. A guardianship is a legal proceeding to obtain a judgment that an individual is unable to make her own decisions. The court appoints another individual to make decisions for the incapacitated person. By statute, where more than one person seeks to become appointed as the guardian for an [...]

By |2018-06-28T12:52:40-04:00October 10th, 2014|Blog, Elder Care|

Carpe Diem or the New IRA Rollover Rules

One Saturday morning in May, I was the opening act of an all-day education program held under a tent behind the Creekside Inn, in beautiful, bucolic Woodstown, New Jersey. While silently envying the avid golfers and the children eagerly awaiting their ice cream cones at the nearby dairy barn, I spoke other attorneys, certified public accountants and financial planners regarding the new income and estate tax landscape and planning strategies. I did not learn to play a better game of golf that day, and I did not savor my [...]

By |2018-06-28T12:52:59-04:00June 20th, 2014|Blog, Health Law|

How do you choose and pay for long-term care?

The process of selecting the best long-term care facility for your loved one can be confusing and complicated. There are various factors which can help you identify where the best care can be provided, including whether the facility has great dementia programming, the rate of staff turnover and the period of private pay required. Our office’s geriatric care coordinators are charged with helping you navigate these overwhelming decisions. One of the most frequent questions I hear from clients is, how will I be able afford the cost of long-term [...]

By |2018-06-28T12:50:28-04:00November 29th, 2013|Aging, Assisted Living, Blog|

Calpyso’s Visit to the CCRC

As an associate attorney with the Rothkoff Law Group, I spend long hours preparing Medicaid applications, Fair Hearings, guardianship applications and addressing estate and tax planning issues. I love the work, but in the summertime, I look forward to weekends at the beach house, enjoying the sun and sand, swimming, and fireworks with my extended family. Over the past forty years, the cast of characters has changed. My grandmother, Nannie, is now 102, and can no longer join us at the beach house. Summers would just not be the [...]

By |2018-06-28T12:50:52-04:00August 31st, 2013|Aging, Assisted Living, Blog|
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