That well-worn adage may seem trite and arcane, but strict adherence to technical requirements is critical in Medicaid planning.  Since federal and state budget deficits are now the rule, rather than the exception, it is not surprising to see Courts stretch to find technicalities that can be used to deny eligibility for Medicaid benefits.  A prime example occurred this past summer, when the Massachusetts Court of Appeals disqualified a widow for Medicaid benefits because of…

We’re just a few days away from witnessing something that was never supposed to be.  I have always cautioned client against expecting tax law to be logical.  In many areas of the law, the correct answer is the one that makes the most sense.  But tax law is driven by politics, not by common sense.   Even so, in more than 30 years of practicing law, I have never seen anything as absurd as what…

If Benjamin Franklin were still alive, his oft-quoted statement would likely have been: “In this world nothing is certain but death, taxes, and politics.”  The estate tax changes in the Economic Growth and Tax Relief Reconciliation Act of 2001 stand as a testament to the absurd results made possible when politicians are permitted to write tax law.  Tax law that are dictated by political agenda hurt everyone. Although the 2001 changes altered the structure of…

This week’s New Jersey Legal Update podcast will discuss reasons why individuals should consult an attorney when creating and implementing an estate plan. This week’s New Jersey Legal Update is presented by Steven Friedman, Chair of the Firm’s Trusts & Estates Group. You can download the New Jersey Legal Update Podcast # 37 here.(9.7 MB)…