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Elder Law

Elder Law

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Elder Law

Elder Law is a specialized field of practice that focuses on the needs of the elderly, the disabled and their families. Working closely with you and your loved ones, our certified elder law attorneys and professionals will develop compassionate strategies that protect your assets, provide for optimal long-term healthcare, and ensure that your assets and final wishes are efficiently passed on to your beneficiaries.

Healthcare Planning, Coordination + Benefits

Government Benefit Planning

The estate you’ve worked a lifetime to build can be quickly depleted due to the high cost of medical issues and long-term healthcare. While there are numerous programs and services for the elderly and disabled that cover these costs, finding and understanding them can be overwhelming. We’re here to help you navigate the government benefit maze, file the necessary applications and advocate for you if any issues arise with your application or the benefits you receive.

Medicaid Planning

Families that are confronted with serious long-term healthcare needs are often faced with the prospect of financial devastation. Proper Medicaid planning allows you to minimize the financial burden of expensive long-term healthcare and spare your loved ones the frustration associated with establishing long-term care. We provide a wide range of Medicaid planning services, including capital preservation plans, spend down strategies and crisis intervention advocacy, so you can make a seamless transition from private pay to Medicaid.

Healthcare Coordination

We go above and beyond most law firms by offering a highly experienced team of client care coordinators who advocate for our elderly and disabled clients. Whether your loved one is living at home, an assisted living community or a skilled nursing facility, you’ll be comforted by the fact that their care is supervised by someone who is well-versed on the availability, cost and quality of local resources. Our care coordinators deliver compassionate, hands-on service, including regular visits to ensure your loved one’s needs are being met, and frequent collaboration with geriatric care managers, social workers and other professionals.

Guardianships

Guardianships are frequently used to ensure proper care for individuals with physical or mental disabilities. The appointment of an uncontested guardianship can appear to be a simple proceeding, but the process is often fraught with pitfalls and emotionally demanding situations. We pride ourselves on making this emotional process easier on the family and friends of the proposed ward. If you are considering initiating this process, we can explain your options and offer guidance regarding the court proceeding, and the ongoing judicial oversight of your duties and responsibilities.

Trust + Estate Services

Estate Planning

We’re here to ensure that your estate planning wishes are realized in a coordinated and thoughtful manner. We accomplish that by designing bespoke strategies built around your specific legal, financial and medical concerns, as well as your family’s unique dynamics. But we’re not just about strategy – our team of certified elder law attorneys and professionals will be right alongside you, actively guiding you and your loved ones through every step of the planning, probate and administration process. We handle a wide range of issues, including:

 Wills
 Revocable Living Trusts
 Powers of Attorney
 Health Care Directives
 HIPAA Authorizations
 Irrevocable Trusts
 Life Insurance Trusts
 Family Limited Partnerships
 Qualified Personal Residence Trusts
 Gift Programs
 Retirement Trusts
 Minors’ Trusts
 Special Needs Trusts

Estate Administration

Estate administration is the process of distributing your assets to your heirs or beneficiaries after your death, as well as resolving final obligations such as debts, expenses and taxes. Our attorneys have administered hundreds of estates, including the distribution of probate assets, which must go through a court-supervised process before passing to a beneficiary.

Estate Litigation

Many individuals are overwhelmed by the prospect of resolving a dispute involving the estate of a loved one. Not only are there legal and financial issues to tackle, but emotional ones as well. Our attorneys and former judges frequently find amicable, cost-effective resolutions through the mediation and arbitration process, and when necessary, through litigation. We handle estate dispute matters in New Jersey, New York, Pennsylvania and Colorado, and address a broad range of issues, including:

 Will Contests
 Removal of Fiduciaries
 Trust Reformation
 Will and Trust Construction
 Accounting Disputes
 Improper Disputes
 Improper Gifts and Transfers
 Misconduct by Power of Attorney

Trustee Services

In many situations, your loved ones are not in the best position to serve as a trustee, or they lack the time to effectively serve in that capacity. When that happens, smart families and individuals turn to us. Besides bringing our experience and compassion to the table, we’ll ensure that the various professionals that play a role in your trust, including accountants, financial advisors and care management professionals, are acting in unison and in your best interest.

Special Needs Trusts

We offer a full range of services for families with disabled individuals, including drafting and executing special needs trusts, and serving as trustees. Through a special needs trust, a beneficiary can receive gifts, lawsuit settlements and other funds without being denied eligibility for government programs such as SSI and Medicaid. A properly structured special needs trust can also be set up in your last will and testament, as a way for you to leave assets to a disabled relative. We also help our clients establish supplemental benefits trusts, designated to protect the inherited assets of physically or mentally disabled individuals.

Executor Services

When it comes time to execute your last will and testament, our elder law attorneys are there to deliver a trustworthy and unbiased outcome. There are many reasons you might want to engage a trusted advisor to handle this process. Maybe you don’t want to burden your close relatives with the execution of your final wishes, or possibly your family dynamics warrant the use of a trusted advisor to complete the process. Whatever your motivation, you can count on us to deliver an efficient result.

March 12, 2021Fact or Fiction: Reviewing 2021 Golden Globe Nominated Films about Elder Law and Special Needs Issues

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February 10, 2021What's in a Name: Why the Title on Your Financial Accounts Matter

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February 9, 2021A Primer On New Jersey's Court Rules for Guardianships

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January 25, 2021Should Medicaid Beneficiaries Worry About Their COVID-19 Stimulus Payments Counting as Income?

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October 29, 2020Richard Miller Honored at New Jersey Judiciary's 2020 Pro Bono Attorney Recognition Event

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September 22, 2020Richard Miller and Shawn Brown Presented on NJSBA Webinar on Guardians Ad Litem

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13 MarFifteen Mandelbaum Salsburg Attorneys Named to the 2020 Super Lawyers List and Two to Rising Stars

Mandelbaum Salsburg is pleased to announce that fifteen of our attorneys have been selected by their peers as New Jersey Super Lawyers* for 2020. Each year, no more than five percent of the lawyers in the state of New Jersey are selected by the research team at Super Lawyers to receive this honor. In addition, the Firm is excited to announce that two of our attorneys were named to the Rising Stars list for 2020, which recognizes the top up-and-coming attorneys age 40 or under or who are in practice for 10 years or less. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. This year's Mandelbaum Salsburg Super Lawyers include:...

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February 27,2020How To Contest a Will in New Jersey

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February 5, 2020How to Become a Legal Guardian in New Jersey

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January 22, 2020Small Estate Threshold Raised in New York

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November 11, 2019To Infinity and Beyond ... Are Self-Driving Automobiles the Future for the Elderly and Disabled?

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March 28, 2019Shawna Brown Answers a NJ.com Readers Question on "I own a home with Mom. Can she qualify for the Senior Freeze?"

Shawna Brown, an Associate in Mandelbaum Salsburg's Elder Law Practice Group answered a nj.com readers questions about whether or not an elderly mother can apply for the Senior Freeze if she shares a home with her daughter. Click here to read more....

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March 5, 2019Mandelbaum Salsburg's March 2019 Elder Law Alert

Mandelbaum Salsburg's March Elder Law Newsletter is now available. This month's issue discusses paid family caregivers through Medicaid, protecting your house after you move into a nursing home, and more. Click here to read this month's issue....

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February 11, 2019Mandelbaum Salsburg's February 2019 Elder Law Alert

Mandelbaum Salsburg's February Elder Law Newsletter is now available. This month's issue discusses Medicaid home care, costs of new long-term care insurance policies, and more. Click here to read this month's issue....

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February 1, 2019Richard Miller Spoke with ROI-NJ on Divorce and Remarriage Among the Aging Generation

Elder Law Chair Richard Miller spoke with ROI-NJ on divorce and remarriage among the aging generation and the financial consequences. Click here to read more....

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January 7, 2019Mandelbaum Salsburg's January 2019 Elder Law Alert

The January Elder Law Newsletter is now available. In this issue you can read about Medicare Part B, Understanding Medicare's Hospice Benefit, and more. Click here to read this month's issue....

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December 6, 2018Mandelbaum Salsburg's December 2018 Elder Law Alert

The December Elder Law Newsletter is now available. In this issue you can read about Medicare Supplemental Coverage, Nursing Home Surveillance and more. Click here to read this month's issue....

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September 24, 2018Mandelbaum Salsburg's September 2018 Elder Law Alert

Check out our latest Elder Law alert that deals with a recent change to VA benefit rules by the VA. Click here to read more....

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September 5, 2018Richard Miller Spoke at Brightview Senior Living

Richard Miller, Chair of Mandelbaum Salsburg's Elder Law Practice Group presented on September 5, 2018, to seniors at Brightview Senior Living in Randolph about "The Myths and Misconceptions of Elder Care Planning."...


July 30, 2018Richard Miller Answered a Star Ledger Readers Question on the Importance of Having a Will

Richard Miller, Chair of the Firm's Elder Law Practice and a Certified Elder Law attorney, recently answered a Star Ledger reader's question on the importance of having a will....

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July 16, 2018Essex County's Top Lawyers List 2018

We are pleased to announce that seven of our attorneys have been voted by their peers to be included in Morris/Essex Health & Life Magazine's Essex County's Top Lawyers List for 2018. Congratulations to Barry R. Mandelbaum (Real Estate), Robin F. Lewis (Real Estate), Richard Miller (Elder Law), Vincent J. Nuzzi (Criminal Defense), Michael Saffer (Commercial Litigation), Lynne Strober (Family Law), and Doug Eilender (Land Use and Environment)....


13 Feb2017 Mandelbaum Salsburg Year in Review

We are pleased to share our 2017 Year in Review which highlights some of the Firm's notable successes during the last year. We are thankful to our clients who have allowed us to continue doing what we love. We continue to expand our practice areas and bench to reflect our clients needs....

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11 OctRichard Miller answers NJ.COM Biz Brain Reader's Question on New Jersey Inheritance Tax and the new Govenor

Richard Miller, the Firm's Elder Law Practice Group Chair and Co-Chair of its Special Needs Practice Group, was recently asked by nj.com to answer a reader's question on New Jersey's Inheritance Tax and his thoughts on what the new Governor will do. Read Richard's response here: https://lnkd.in/epeAwEi...

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22 SepRichard Miller to Speak at NJICLE Program on "Handling Contested Guardianships"

On Thursday October 5th Richard Miller, Chair of the Firm's Elder Law Practice Group and Co-Chair of its Special Needs Practice Group will be presenting as part of a panel on "Handling Contested Guardianships"at the New Jersey Law Center. This NJICLE course will cover what to do when the matter unavoidably ends up in a courtroom. Attorneys can learn tools to effectively represent their clients and learn about the latest cases dealing with guardianships and what the holdings mean to you!...

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23 JunRichard Miller answers NJ.Com "Biz Brain" question on Lowering an Estates Value Before Death

Richard Miller, Chair of the Firm's Elder Law Department, was featured in today's Nj.com "Biz Brain" section answering a readers question on lowering an estate's value before death. To read the full question and Richard's answer, click here....

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21 JunRichard Miller Answers NJ.com "Biz Brain" Question on the Inheritance Tax in New Jersey

Richard Miller, Chair of the Firm's Elder Law Department, is featured in the June 21, 2017 nj.com "Biz Brain" section where he answers a readers question on the inheritance tax....

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19 JunShawna Brown Joins Mandelbaum Salsburg's Elder Law, Trusts & Estates and Special Needs Groups

We are pleased to welcome Shawna A. Brown who has joined the Firm’s growing Elder Law, Trusts & Estates and Special Needs Practice Groups as an Associate. She focuses her practice on estate administration and litigation, including contested and uncontested probate, administration and accounting proceedings. Prior to joining Mandelbaum Salsburg, Shawna was an associate at a New York City law firm where she counseled the Public Administrator of New York County in connection with estate administration. She earned her B.A. from Rutgers University and her J.D. from New York Law School. She is admitted in New York and New Jersey....

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On behalf of the Mental Health Association of Essex and Morris, Inc., and the 30+ family members in attendance last night, I want to thank you for your most informative presentation. As expected, you were terrific in explaining often confusing topics for many of our families and showed them patience and respect as the true professional that you are. We heard from a few families today that called to thank us for inviting you as they felt it was a very valuable session. Next week when we reconvene, I will get more feedback and will inform them of the waived consultation fee. I hope that many of them use your talk last night as the impetus to stop procrastination. I love Mandelbaum and they are my “go to” law firm for everything legal for all my clients an family.

~ Marvin


"I wanted to let you know we are extremely pleased with your referral of Richard Miller. The guy knows he stuff, great listener and has really impressed us. We just finished up with all the estate docs and the process could not have been better thanks to Richard. Thanks so much for the awesome referral."

~ Matt

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