Nuts & Bolts of Elder Law & Estate Administration Seminar 2015 April 20 5:00 PM- 9:00 PM NJ Law Center

Nuts & Bolts of Elder Law & Estate Administration Seminar  2015

 April 20  5:00 PM- 9:00 PM NJ Law Center

     Includes a 240 + page book, plus CD with sample forms, documents & checklists! and dinner

Speakers:

-KENNETH A. VERCAMMEN, ESQ. Co-Chair, ABA Estate Planning & Probate Committee, Past GP Solo Section Attorney of the Year

Past NJSBA Municipal Court Practitioner of the Year  Edison, NJ

-WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly

-MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury

-ADAM DUBECK, Esq.

$170.00 General   Tuition, reduced fee for NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division
 [Free for Superior Court Judges] Seminar # S159-00S5

NJSBA Member Price is reduced – To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order. If you place your order without providing your NJSBA Member#, you will be charged the regular price.

          More details contact New Jersey Institute for Continuing Legal Education 
The non-profit continuing education service of 
The New Jersey State Bar Association  Constitution Square, New Brunswick, New Jersey 08901-1520 
Phone: (732) 214-8500 • Fax: (732)249-0383 • CustomerService@njicle.com

         Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in today’s society. Or, you may be looking for lucrative areas in which to expand your current practice, including administering their estates.

This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced lawyers seeking to expand into this field. A highly authoritative and experienced panel of elder law attorneys & estate planners will share proven techniques and experience it would take you years to gather on your own. You’ll also gain insight on how Federal Medicaid Reform will impact your practice.

Everything you need to know about elder law & estate administration including:


• Why Have a Will? - Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client?


• Powers of Attorney - Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms


• Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool - Why it should be used; Ethics - who is the client?; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms


• Basic Tax Considerations - Jointly-held property; “I love you” Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters


• Estate Administration - New Probate Law in New Jersey - Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists


• Medicaid Planning in Light of Federal Medicaid Reform - Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules; probate; undue influence; competency
…and more

        

         NJ CLE INFORMATION: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4.6 hours of total CLE credit. Of these, 1.2 qualify as hours of credit for ethics/professionalism.


         Presented in cooperation with the NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division

http://www.njicle.com/category.aspx?catid=2097#10576

Materials in 240 page Book provided to all attendees

1 New Client schedule appointment  

2 Confidential Will Questionnaire

3 Will bill

4 WILL DRAFT CO

5. Doctor Cert sign POA, will Dr

6 Thank you for Referral

7 POA DRAFT lt

8  AUTHORIZATION FOR RELEASE of Financial Records [NEW DOCUMENT FOR 2015]

9 Referral Out  Another Atty fax

10 No rep

11 Recommend Will to Cl

12 Post WILL

13 Client questionnaire end case

14 POA Grantor Now

ARTICLES

15 Wills article

16 POA Power of Attorney- article

17 LIVING WILLS article

18 Gay Lesbian No estate planning article

19 Letter of Instruction article

20 Remove Executor

21 Alzheimer, POA Guardianship

22 ANSWERS to Questions Probate

23 Estate Planning 10 Ideas

24 Executor Duties

25 Prenuptial Ag

26 Undue Influence article

OTHER FORMS & INFORMATION

27 Attorney- Client Confidentiality

28  Pick up Docs

29 Executor to Pay and Notify Creditors   REVISED

30 NJlaws website & articles

31 Trusts

32 Caveat to Will  

33 NJWillsProbateLaw.com

40 INTESTACY Article

41 If no Will article

42 Probate Release Refund Bond

43  Lincoln 17- no charge

44 Guardianship bill

45 RETAINER Probate  ESTATE

46 WILL - sign front notary

47 Confidentiality Lt to Client

48 Elective Share of Spouse

49 Will Signing

50   ABA Aging and Law Networking Call March 2014 Call Notes

51  WINTER 2014 Estate Planning Probate  Report Solo GP ABA

55 SPRING 2014 Estate Planning Probate  Report Solo GP ABA

56 Free Office Space for Attorney .doc

57 We need email address short

ADDED FOR 2015

Letter of Last Instruction form.doc

RETAINER contested Probate

Additional documents for CD

beni  w release & refunding copy.doc

Cl  w release refund bond copy.doc

Cm Probate_Disc_Rent

CM to switch replace Executor copy.doc

Comp- Remove Exec, account

Complaint Guardianship

Condolences, sympathy new Will

Estate Planning Ques

Guardianship Cert of Legal Fees

Guardianship Judgment

Guardianship Questionnaire

Inherit w L-9 L9

Inherit. Tax Bureau Filing Lt

Med Auth HIPAA no name

Mid Clerk w Deed

Mid Clerk w waiver

Probate Q-Inherit  Quest

Probate RETAINER   ESTATE copy.doc

Probate_cm-OR caveat admit Will

Release and Refunding Bond

Renunciation  Administrat

RENUNCIATION by Beni for Executor

RENUNCIATION by Executor

RETAINER contested Probate

01A Client w_Retainer notPI

Will not signed

Will- Estate Planning-  consult bill

Revocation of Previous Wills and Powers of Attorney

Resume Ken Vercammen

Will forms

1 H US-W & TR Will.doc

1 Wife-w_TR Will.doc

2 dad- Will.doc

2 mom-C  Will.doc

3 Man-Misc Will.doc

3 Woman -Misc Will.doc

4 HUSBAND-NO TR.doc

4 WIFE-NO TR .doc

5 Codicil

5 HUS-Uni. Credit Trust Will.doc

5 WIFE-Uni Credit Trust W.doc

6  Power of Attorney.doc

7 LIVING WILL LW  .doc

8 Child power of attorney.doc

99  If no children and no beni.doc

Scammed against seniors including theft

Scammed against seniors including theft

Don't Be Scammed- Tips For Avoiding Theft By Deception

Chief Raymond J. Hayducka says, “Don’t Be Scammed”
Learn how to prevent Fraud and Identity Theft in Senior Citizens
The South Brunswick Police Department has noticed a recent trend in central New Jersey showing an increase in reported cases of fraud and identity theft targeting senior citizens. Source:http://www.sbtnj.net/index.asp?Type=B_BASIC&SEC=%7B40116E30-5118-45CD-B688-EBEAFA36E03C%7D&DE=%7B6ED6CE38-E500-4B19-A650-F220D541548F%7D

Read  these tips in an effort to arm and educate seniors with the knowledge and skills necessary to combat this trend.
Why are senior citizens being targeted?
• May be more likely to have a nest egg
• May have physical limitations
• May be less aware/alert to scams
• May be more trusting of strangers
• May be more willing to speak to strangers due to loneliness
• May be more polite to potential scammers
• Are less likely to report fraud than other age groups
• May no longer have their partner/confidant to talk to
• Are less likely to report fraud than other age groups
Identity Theft
• Occurs when someone uses your identity- your information- for fraudulent purposes
• How can people get your information?
o Mail theft
 Get your mail every day
 Consider a locking mailbox
 Bring outgoing mail to a drop box
o Trash
 Don’t throw out old or unwanted statements or documents
 Get a shredder and use it
 Don’t leave documents laying around your house
o Lost documents or wallet
 Don’t write down passwords, pin numbers, etc.

o Phishing
 Con artists try to get you to give out information
• May look legitimate. Always check.
• Ex: PayPal e-mails
o Never follow the links
• Ex: “Missed jury duty” phone calls
• Ex: “This is the bank calling…”
 Share phishing e-mails
• What else can you do?
o Consciously safeguard your information
o Check your credit report regularly- at least annually
Scams
• Scams are when people trick you into willingly handing over your money
• Some types of scams:
o Nigerian Letter or “419” fraud
 Share newspaper articles
 Caller/contact pretends to be government official who wants to illegally move money out of the country
 He needs outside contact to make it work
 Promises to share the money with you if you help
 If you send money to bribe officials, money will be sent directly to you
 The money doesn’t really exist
 This is a crime in Nigeria- criminal code 419- so Nigerian officials are not sympathetic or helpful
 Checks sent are further used to drain the victim’s account
o International Lottery Fraud
 Share newspaper articles
 Scam operators, usually in another country, tell you won a foreign lottery
 You need to send money to cover the fees before the money is released
 Create a sense of urgency- “This ends at midnight tonight…”
 They may send a check “To cover fees” but the check will not clear
 These lottery solicitations would violate federal law anyway
o Inheritance Scams
 Research specialist locates unclaimed money
 For a fee, they will tell you how to obtain it
o Pigeon Drop
 Share newspaper article
 Money found (dropped wallet) is offered to be split
 Victim must put up “good Faith” money

o The sob story
 “I need an operation…”
o Home improvement scams
 Travelling con artists
 Driveways and fences are most common
o Pyramid scams
 Most never pay out
o Public Utility Scams
 Share newspaper article
 Workers lure you from your home to look at utilities
 A partner cleans out the house
o Telemarketing fraud
 Donate money or buy something
 Some warning signs:
-  "You must act 'now' or the offer won't be good."
-  "You've won a 'free' gift, vacation, or prize." But you have to pay for "postage and handling" or other charges.
-  "You must send money, give a credit card or bank account number, or have a check picked up by courier." You may hear this before you have had a chance to consider the offer carefully.
-  "You don't need to check out the company with anyone." The callers say you do not need to speak to anyone including your family, lawyer, accountant, local Better Business Bureau, or consumer protection agency.
-  "You don't need any written information about their company or their references."
-  "You can't afford to miss this 'high-profit, no-risk' offer."
 Ask for information on a charity to be sent to you
 Wait for information on a product before you buy
 It’s never rude to take time to think about an offer
 If it’s too good to be true- it probably is

Crime prevention is everyone’s responsibility, and protecting your money and your identity should be a very high priority.
Be sure to always:
• Protect both your incoming mail as well as your discarded documents.
• Keep passwords and PIN numbers secret and don’t write them down.
• Be wary of anyone asking for your personal identifying information whether in person, on the phone, or on the internet.
• Check your credit report regularly.
• If it seems too good to be true, it probably is.
• Always remember that there are people out there who want to separate you from your money, and you must actively and continuously protect yourself from them.

NEW JERSEY MEDICAID PROGRAM ELIGIBILITY

NEW JERSEY MEDICAID PROGRAM ELIGIBILITY
New Jersey Medicaid covers persons who are age 65 years or over and persons determined blind or disabled by the Social Security Administration or by the Division of Medical Assistance and Health Services. The individual must be a resident of New Jersey and a citizen of the United States or lawfully admitted for permanent residence.
COMMUNITY MEDICAID:
An individual is eligible for community Medicaid in New Jersey if his/her gross monthly income is equal to or less than $903 (the first $20 per month of income is excluded). Income includes, but is not limited to, Social Security income, veterans' benefits, pensions, annuities, interest, dividends, and payments from trust funds, and rental income from real property.
The current Medicaid resource maximum for an individual is $4,000. Countable resources include, but are not limited to, bank accounts, property other than principal residence, stocks, bonds, certificates of deposit, annuities, and cash surrender value of life insurance which exceeds $1,500 in face value.
Excludable resources include, but are not limited to, a home which serves as the individual's principal residence, life insurance which does not exceed $1,500 in face value, burial spaces, and burial funds not exceeding $1,500 (less excluded cash surrender value of life insurance and/or funds held in an irrevocable burial arrangement), one automobile to the extent that its current market value does not exceed $4,500, and one wedding and engagement ring.
INSTITUTIONAL MEDICAID:
In order to qualify for payment of institutional benefits, for example nursing facility care, under the Medicaid program in New Jersey, an applicant must meet not only the financial criteria, but also the medical necessity requirements. Each of these eligibility processes is complex and must be evaluated according to the applicant's individual circumstances. Considering these complexities, the general information which is being provided should only be used as a guideline.
The current Medicaid eligibility income standard for an institutionalized individual is $2,022 per month. If an individual's gross monthly income exceeds this Medicaid "cap," he or she is income ineligible for Medicaid. Income includes, but is not limited
Program eligibility – 4 page Revised 6/12/09

Medicaid Eligibility Page 2
to, Social Security income, veterans' benefits, pensions, annuities, interest, dividends, payments from trust funds, and rental income from real property. Once eligibility is established, full Medicaid coverage is provided. However, the individual's income must be applied to offset the cost of nursing facility care.
There are two Medicaid resource eligibility standards depending on the individual's income. If an individual's gross monthly income is below $903 (the first $20 per month of income is excluded), the current Medicaid resource maximum is $4,000. If an individual's gross monthly income is between $903.01 and $2,022, the current resource maximum is $2,000. Countable resources include, but are not limited to, bank accounts, property other than principal residence, stocks, bonds, certificates of deposit, and cash surrender value of life insurance which exceeds $1,500 in face value.
Excludable resources include, but are not limited to, a home which serves as a principal residence of a spouse or other dependent relative (if a home is not occupied by a dependent relative and the period of institutionalization is expected to be six months or less, the home may also be excluded), life insurance which does not exceed $1,500 in face value, burial spaces, and burial funds not exceeding $1,500 (less excluded cash surrender value of life insurance and/or funds held in an irrevocable burial arrangement), one automobile to the extent that its current market value does not exceed $4,500, and one wedding and engagement ring.
The spousal impoverishment provisions of the Medicare Catastrophic Coverage Act of 1988, effective October 1, 1989, provide that, if the individual requiring institutional services is married, the total countable resources of both members of the couple are counted except for those resources which are protected for the community spouse. The amount of resources which may be protected for the community spouse is the greater of 1/2 of the couple's resources or $21,912, not to exceed $109,560. Once eligibility is established for the institutionalized individual, the community spouse's resources are no longer counted. For married individuals whose current period of institutionalization began before September 30, 1989, resources may not be set aside for the community spouse and eligibility will be determined for the institutionalized individual counting only those resources owned by him or her.
The spousal impoverishment provisions of the Medicare Catastrophic Coverage Act of 1988 also provide that a penalty period of ineligibility for only institutional services will be imposed on those individuals who have transferred any resources for less than fair market value prior to the date of application for Medicaid. The look back period for the establishment of a trust is 60 months preceding the date of application for Medicaid.
On February 8, 2006, the provisions of the Deficit Reduction Act of 2005 allowed the period of ineligibility for resource transfers to be determined by dividing the uncompensated value of the transferred resource, which is also, know as the penalty divisor. The monthly penalty divisor is $7,282. The daily penalty divisor is $239.41, which is used to calculate days of ineligibility. There is also a progressive look back period commencing February 2009. Additional months will be added to the look back period until February, 2011, when a full 60 month look back period will be in effect.

Medicaid Eligibility Page 3
In addition, the spousal impoverishment provisions of the Medicare Catastrophic Coverage Act of 1988 provide that a deduction may be made from an eligible institutionalized individual's income, prior to the application of income to the cost of care, for the maintenance of the community spouse. The basic community spouse deduction is $1,821.25 per month. However, it is reduced by the community spouse's gross income, both earned and unearned. If the community spouse's shelter expenses exceed $546.36 monthly, the community spouse’s maintenance deduction limit will be increased by the amount of the excess. The amount of income made available to the community spouse is limited by the income of the institutionalized spouse, not to exceed $2,022 per month, less a personal needs allowance of $35.
NEW JERSEY CARE...SPECIAL MEDICAID PROGRAMS - MEDICALLY NEEDY SEGMENT:
An individual seeking institutional Medicaid whose income exceeds the Medicaid "cap" of $2,022, may be eligible for limited Medicaid coverage through the Medically Needy component of New Jersey Care...Special Medicaid Programs. The resource standard for Medically Needy for an individual is $4,000.
The above regulations regarding resources and spousal impoverishment provisions of the Medicare Catastrophic Coverage Act of 1988 are equally applicable to the Medically Needy program.
SUPPLEMENTAL SECURITY INCOME (SSI):
The Supplemental Security Income (SSI) program, administered by the Social Security Administration, is a federal program that provides monthly payments to eligible individuals who are 65 years of age or over and persons determined blind or disabled by the Social Security Administration. In New Jersey, individuals determined to be eligible for SSI will also receive full Medicaid benefits.
An individual may be eligible for SSI in New Jersey if his/her gross monthly income is equal to or less than $705.25 or $1,036.36 for a couple (the first $20 per month of income is excluded). The current resource maximum for an individual is $2,000 and $3,000 for a couple.
For more information, please contact the Social Security Administration at 1-800-722- 1213.
WHERE TO APPLY:
The Board of Social Services in the county in which the individual resides is responsible for the determination of eligibility for Medicaid in New Jersey. Enclosed is a listing of the County Boards of Social Services for your convenience. Please contact the appropriate office for information concerning the application process.
For further information, you may contact the Office of Eligibility Policy, 5 Quakerbridge Plaza, PO Box 712, Trenton, New Jersey 08625. The telephone number is (609) 588- 2556.

County Boards of Social Services

Atlantic County Department of Family & Community Development
P.O. Box 869 - 1333 Atlantic Avenue Atlantic City, NJ 08401
(609) 348-3001

Middlesex County Welfare Agency P.O. Box 509
181 How Lane
New Brunswick, NJ 08903

(732) 745-3500

Bergen County Welfare Agency 216 Route 17 North
17 Park Office Center, Bldg. A Rochelle Park, NJ 07662-3300

(201) 368-4200

Monmouth County Division of Social Services P.O. Box 3000 - Kozloski Road
Freehold, NJ 07728
(732) 431-6000

Burlington County Welfare Agency Human Services Facility
795 Woodlane Road
Mount Holly, NJ 08060-3335

(609) 261-1000

Morris County Division of Employment and Temporary Assistance
Offices of Temporary Assistance Program Services 340 West Hanover (Morris Township)
Mailing: P.O. Box 900
Morristown, NJ 07963-0900 (973) 326-7800

Camden County Welfare Agency
Aletha R. Wright Administration Building 600 Market Street
Camden, NJ 08102-8800
(856) 225-8800

Ocean County Welfare Agency
P.O. Box 547 - 1027 Hooper Avenue Toms River, NJ 08754-0547
(732) 349-1500

Cape May County Welfare Agency Social Services Building
4005 Route 9 South
Rio Grande, NJ 08242-1911

(609) 886-6200

Passaic County Welfare Agency
80 Hamilton Street
Paterson, NJ 07505-2060 ........ (973) 881-0100
Pompton Lakes .......... (973) 839-5705 Passaic.................... (973) 470-5038 Paterson .................. (973) 881-2529

Cumberland County Welfare Agency 275 North Delsea Dr.
Vineland, NJ 08360-3607
(856) 691-4600 Office of Aged/Disabled .............. (856) 453-8066

Salem County Welfare Agency 147 South Virginia Avenue Penns Grove, NJ 08069
(856) 299-7200

Essex County Department of Citizen Services Division of Welfare

18 Rector Street – 9th floor Newark, NJ 07102

(973) 733-3000

Somerset County Welfare Agency P.O. Box 936 - 73 East High Street Somerville, NJ 08876-0936

(908) 526-8800

Gloucester County Welfare Agency 400 Hollydell Drive
Sewell, NJ 08080-9198

(856) 582-9200

Sussex County Division of Social Services 18 Church Street, P.O. Box 218
Newton NJ 07860-0218
(973) 383-3600

Hudson County Division of Social Services Department of Welfare
257 Cornelison Ave.
Jersey City, NJ 07305 ................. (201) 420-3000

Union County Division of Social Services 342 Westminster Avenue
Elizabeth, NJ 07208-3290
(908) 965-2700

Hunterdon County Division of Social Services Community Services Center, 6 Gauntt Place Flemington, NJ 08822
Mailing: Hunterdon County Dept. of Human Services P.O. Box 2900
Flemington, NJ 08822
(908) 788-1300

Warren County Welfare Board Court House Annex
P.O. Box 3000 – 501 Second Street Belvidere, NJ 07823-3000

(908) 475-6301

Mercer County Welfare Agency
200 Woolverton Street PO Box 1450 Trenton, NJ 08822-2900

(609)9894320

Revised 7/1/09