Medicaid and Nursing Homes

Compiled by Kenneth Vercammen from various sources WHAT IS MEDICAID?.......... Medicaid is a Federal medical bills assistance program that pays medical bills for eligible, needy persons. It is administered by each state. All payments are made directly to the providers of medical and other health care services. The Medicaid-eligible person does not pay the health care provider for services. The only exception is a patient in a Medicaid-approved nursing facility who may be required to contribute part of his/her income toward the cost of care. Medicaid Planning After Reform By Thomas D. Begley, Jr. Congress has passed the Deficit Reduction Act of 2005 which seriously curtails Medicaid Asset Transfers and makes it much more difficult for people to become eligible for Medicaid. The Bill was backed by the Insurance Industry and the Pharmaceutical Industry with AARP opposing the bill on the side of consumers. The vote was 216 to 214 in the House of Representatives and Dick Cheney had to break a tie in the Senate. 1. NEW LAW. The new law is known as the Deficit Reduction Act of 2005 1.1. 6011 - Lengthening Lookback Period; Change in Beginning Date for Period of Ineligibility. 1.1.1. Lookback. The lookback period is extended to 5 years. 1.1.2. Beginning Date. The beginning date of the period of ineligibility has changed from the date the transfer was made to the later of the date of the transfer was made or the date the individual: would be eligible for medical assistance; and would otherwise be receiving institutional level care based on an approved application for such care, but for the application of the penalty period, whichever is later; and which does not occur during any other period of ineligibility. 1.1.3. Commentary. The effect of these provisions will be to make it much more difficult to transfer assets and to obtain Medicaid eligibility. 2. 6012 Disclosure & Treatment of Annuities. 2.1. Disclosure of Annuities. 2.1.1. Disclosure. At the time of a Medicaid application or re-certification of eligibility the applicant must disclose a description of any interest the individual or community spouse has in an annuity. The state may require the issuer to notify the state when there is a change in the amount of income or principal being withdrawn. 2.2. Treatment of Annuities. 2.2.1. State Named as Beneficiary. Transfer of an annuity shall be treated as a transfers of assets for less than fair market value unless: Remainder Beneficiary. The state is named as remainder beneficiary in the first position for at least the total amount of medical assistance paid on behalf of the annuitant; or Second Position. The state is named as a beneficiary in the second position after the community spouse or minor or disabled child and is named in first position if such spouse or a representative of such child disposes of any remainder for less than fair market value. 2.2.1.1. Design of Annuity. Annuities are not subject to the transfer of assets provisions if: it is owned by IRA or purchased with the proceeds from an IRA, an SEP, or a Roth IRA; or the annuity is: _ irrevocable _ non-assignable _ actuarially sound as determined in accordance with the actuarial publications of the Office of Chief Actuary of the Social Security Administration; and provides for payments in equal amounts during the term of the annuity with no deferral and no balloon payment. Commentary. This means only that the purchase of an annuity is not subject to the transfer of asset penalties. The issue as to whether the annuity is a countable asset is not addressed. 3. 6013 Income First. States must follow the income first rule when calculating an expansion of the Community Spouse Resource Allowance. Commentary. New Jersey has always followed the Income First Rule. 4. 6014 Home Equity. 4.1. Limits. A person is ineligible for Medicaid if he has equity in the home in excess of $500,000 or at state option $750,000. This number is indexed for inflation. EXCEPTION: The maximum amount does not apply if the home is occupied by: spouse child under age 21 child who is blind or permanently and totally disabled 4.1.2. Loan. The applicant is encouraged by the Act to obtain a reverse mortgage or home equity loan to reduce equity. Commentary: This restriction is not as severe as it may first appear and may actually present some planning opportunities 5. 6015 CCRC Contracts. This section clarifies the treatment of CCRC Contracts and entrance fees. 5.1. Transfer Provisions. Provisions in CCRC contracts restricting transfers of assets are enforceable. Commentary: Many lawyers simply ignored provisions in CCRC contracts restricting transfers. These are now clearly enforceable under the new law. 6. 6016 Additional Reforms of Medicaid Asset Transfer Rules. 6.1. Partial Month Penalties. Partial month penalties are mandated. 6.2. Accumulation of Multiple Transfers. Fractional transfers of assets in more than one month are accumulated. Transfers during all months are treated as one transfer. Commentary: This makes small gifts impossible in many situations. 6.3. Notes and Other Loan Assets. For transfer of assets purposes promissory notes, loans and mortgages are included unless: they include an actuarially-sound repayment term as calculated by the Office of the Chief Actuary of the Social Security Administration; and payments are made in equal amounts with no deferral or balloon payment; and the document prohibits the cancellation of the balance upon the death of the lender. 6.4. Purchase of Life Estates. The purchase of a life estate is not considered to be a transfer of assets if the purchaser resides in the home for a period of at least one year. Commentary: There may be situations where this portion of the statute presents additional planning opportunities. There are some serious risks involving the due on sale clause in mortgages and capital gains tax considerations for the parent and child that need to be considered, but in the right situation this will present a planning opportunity. 7. PLANNING OPPORTUNITIES ELIMINATED. Opportunities that have been eliminated include the following: Transfer Assets/Wait Three Years Half-a-Loaf Transfer Monthly Transfers Lookback Period Transfers from Retirement Plans within a Lookback Period SCIN - By definition a SCIN is a loan that cancels on the death of the lender. 8. CONCLUSION. There are a number of planning opportunities that remain under the new law, but many of them will not have been tested. Clients may be required to apply for Medicaid, be rejected, apply for a Fair Hearing and in some instances appeal to the New Jersey Appellate Division and possibly even the New Jersey Supreme Court before these strategies are validated. Medicaid Planning is no longer for the faint of heart. Elder Law will become much more of a litigation practice than a transactional practice. Clients should consult an experienced Elder Law attorney who is not easily intimidated. About the Author: Begley & Bookbinder, P.C. is an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Thomas D. Begley, Jr. lectures with Kenneth Vercammen for the NJ State Bar Association. Thomas D. Begley, Jr. provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Thomas D. Begley, Jr. at 800-533-7227. Mention you were referred by Kenneth Vercammen. Esqs email newsletter. Resource and Income Limitations for Spouses of Medicaid Applicants by Dana E. Bookbinder, Esquire Now that the President has signed the Deficit Reduction Act of 2005, it is even more crucial for families to be proactive in protecting their loved ones health care options and financial savings. Often individuals are lulled into thinking that the government will not aggressively pursue their assets if they dont engage in legal planning, but the opposite is in fact true. In cases of married couples, the healthier spouse often mistakenly believes that his or her assets are safe while only the ill spouses assets have to be paid to a nursing facility for that spouses care. Again, this is incorrect, and early legal planning can save the family much grief in addition to substantial assets. While both married and single individuals can substantially benefit from early legal planning, under Congress new budget saving scheme, married couples, in particular, would be passing up the opportunity to protect their savings if they failed to seek legal counsel since the asset and income limitations they would face for Medicaid eligibility are low. The resource allowance permitted to be retained by the spouse of a benefits recipient is known as the Community Spouse Resource Allowance (CSRA). This allowance was established by the Medicaid Coverage Catastrophic Act (MCCA), enacted to apply to individuals institutionalized on or after September 30,1989 to protect spouses against impoverishment. The amount of the community spouse resource allowance is generally based on one half (1/2) of the couples combined total countable resources as of the first period of continuous institutionalization. A resource assessment of the couples countable assets as of the first period of continuous institutionalization of one of the spouses will be undertaken when a Medicaid application is filed. By law, it must also be done upon the request of the Medicaid applicant, the applicants spouse, or the personal representative of the applicant or the spouse. A continuous period of institutionalization is broken by absences from the institution for thirty consecutive days. For 2006, the CSRA is subject to a maximum of $99,540 and a minimum of $19,908. These numbers are adjusted on an annual basis. In addition to a resource allowance, the spouse of a Medicaid recipient is entitled to a monthly income allowance. Generally, the income of an individual who is institutionalized must be forwarded to his nursing home on a monthly basis. However, this spouse is allowed to retain her own income plus, depending on the amount of her income, a monthly allowance to be taken from the institutionalized spouses income. This allowance is called the Minimum Monthly Maintenance Needs Allowance (MMMNA). Currently, the amount is based upon the difference between $1,604 and the community spouses income plus an additional amount to cover shelter expenses for the community spouse. The shelter expenses are based upon the actual mortgage and real estate taxes that must be paid plus certain allowances for utilities. These figures upon which the MMMNA calculation are based are adjusted annually. Failure to plan ahead for the long-term care costs of a spouse can severely impact the healthy spouses financial status. However, elder law attorneys can increase both the spouses resource and income allowances through agency hearings. Additionally without a hearing, elder law attorneys can help their clients maintain their standards of living, enabling them to continue living independently in their homes. Begley & Bookbinder, P.C. is an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227. WHO QUALIFIES FOR MEDICAID?........ -Aged persons 65 and over, blind persons or disabled persons who apply through their Social Security District Office and who receive monthly Supplemental Security Income (SSI) checks. -Aged persons 65 and over, blind persons or disabled persons who may not be eligible for SSI due to excess income but who meet the income and resource criteria for New Jersey Care.... Special Medicaid Programs. -The Medically Needy segment of New Jersey Care....... Special Medicaid Programs provides limited services to certain needy individuals who are not eligible for Medicaid due to excess income but may not be able to afford health care services. Contact the Department of Human Services for other eligible requirements. WARNING.......... The following acts are crimes under Federal and State Law and persons found guilty of the acts can be fined up to $10,000 or put in prison for up to 3 years or both. -Lending your Medicaid card; - Giving any information known to be false in order to gain Medicaid benefits; - Hiding any information about the occurrence of an event that you know will bear on your right to Medicaid benefits or the right of another person for whom you applied and who is receiving Medicaid coverage; - Applying for Medicaid for another person and using the benefits for yourself or someone else who is not eligible. See Medicaid, what is it by NJ Department of Human Services, Division of Medical Assistance. Your Responsibilities when applying for Medicaid You must give complete and factual information on the application. You must provide or apply for a Social Security Number. You must promptly notify the county welfare agency whenever there is a change in your existing income, or an additional income or resource, such as: * income from a new job or loss of an old one * change in wages from full or part-time job * Workers Compensation * unemployment or temporary disability benefits * Social Security or Veterans benefits * pension or other retirement benefits * Supplemental Security Income (SSI) * interest on savings * accident claims or settlements * support payments * an inheritance of money or property * money from the sale of property * funds received in settlement of s claim or legal suit * lottery winnings or other awards * any other change in income or resources * court action related to any of the above See Medicaid, what is it by NJ Department of Human Services, Division of Medical Assistance. If you are residing in a nursing facility, you must also report: * when you obtain or drop health insurance coverage * changes in health insurance premiums * changes in spousal income, if you are paying spousal maintenance The Law requires that all health and accident insurance benefits, including Medicare, Workers Compensation and No Fault Auto Insurance must be used before Medicaid in the payment of health care. You must agree to assign to the Commissioner any rights to payment from any third party. When applying to the county welfare agency for special institutional services including nursing home care, you must make an accurate report of your actual income. Normally, that income ( except for a personal needs allowance and certain disregards, if applicable) must be applied to the cost of your care. You must authorize the county welfare agency to contact any source that may have knowledge about your circumstances ( including IRS, Social Security wage and benefits files, and state wage and employment files), for the sole purpose of verifying the statements that you make on the application. See Your Rights and Responsibilities when applying for Medicaid by NJ. Department of Human Services, Division of Medical Assistance and Health Services. If you or a spouse have to enter a nursing home to receive custodial type care, your assets (other than your residence and various personal items which may be exempt under certain circumstances) are worth less than $2,000, and the income of the person entering the home (including Social Security) is no more than $1,410 per month for 1996, then you may be eligible for this government program which can pay for substantially all of the cost of the nursing home. Moreover, it is possible for a married spouse who remains at home to preserve a significant portion of the assets of the couple if the other spouse is institutionalized. In 1996, the law permits a minimum of $15, 348 of such assets to be protected. And, depending upon the amount of such assets, a maximum of one-half (but not exceeding $76,740) may be preserved. In addition, in the case of married persons, it may be possible to have some of the income of the spouse in the nursing home paid to the at home spouse without affecting eligibility for Medicaid Only. When considering an application for Medicaid, one should bear in mind that the rules are fairly complicated, and that transfers of assets to third parties (such as gifts to children) in order to become eligible for the program can result in a penalty period being imposed during which payments by the State will not be made for nursing home care. ____ The penalty is a period of ineligibility for Medicaid, determined by dividing the value of the assets transferred by the average cost of a nursing home in New Jersey. States must apportion the period of ineligibility between spouses so that only one penalty applies. In the case of joint assets, a withdrawal by one party is considered a transfer. The new law subjects transfers of income to a period of ineligibility. Transfer penalties can be avoided by returning all of the assets which were transferred. The law made significant changes in the area of trusts. However, certain types of trusts are still permitted. The Secretary of Health and Human Services was directed to promulgate regulations concerning annuities. As of this writing, those regulations have not yet been promulgated. States are now mandated to recover payments from the estates of Medicaid recipients. Hearings If your application for Medicaid benefits is denied, if your Medicaid eligibility is terminated, or if Medicaid refuses to pay a claim, you have a right to a fair hearing before a New Jersey Administrative Law Judge. At that hearing you have a right to be represented by counsel and to present evidence including testimony to support your case. The judge makes a recommendation to Medicaid regarding your case. Then, if Medicaid still denies your claim, you have a right to appeal to the Appellate Division of the Superior Court of New Jersey. In a situation where Medicaid has advised you that it intends to discontinue the payment of benefits, you may have a right to have benefits continued until your appeal has been decided. At the time of this printing, the Federal and State Governments are considering substantial changes in both Medicare and Medicaid. See New Jersey State Bar Foundation, Law Points for Senior Citizens. We recommend the purchase of Long Term Health Insurance/ Nursing Home Insurance]

Wills & Estate Administration

Wills & Estate Administration
SAVE MONEY AND PROVIDE FOR YOUR LOVED ONES
As average Americans, we work 80,000 hours in a lifetime, or 45 to 55 years. In spite of all the resources and assets we earn, the vast majority of us do not take the time to create a will.
National statistics indicate that 80% of Americans die without leaving a will. There are several reasons for this: fear of death; procrastination; and misinformation (people presume that only the rich need to have wills). Whatever the excuse, it is clear that people would benefit from having a will.
In the absence of a will or other legal arrangement to distribute property at death, the state must step in to administer the estate. The result can be lengthy delays before the rightful heirs receive their property. And because the state has no instructions from the deceased, no charitable gifts will be made.
IF YOU HAVE NO WILL:
If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:
* State law determines who gets assets, not you * Additional expenses will be incurred and extra work will be required to qualify an administrator * Judge determines who gets custody of your children * Possible additional State inheritance taxes and Federal estate taxes * If you have no spouse or close relatives the State may take your property * The procedure to distribute assets becomes more complicated-and the law makes no exceptions for persons in unusual need or for your own wishes. * It may also cause fights and lawsuits within your family When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with Financial concerns. Careful estate planning helps take care of that.
THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH SHOULD BE INCLUDED IN A WILL:
1ST: DEBTS AND TAXES 2ND: SPECIFIC BEQUESTS 3RD: DISPOSITION TO SPOUSE 4TH: DISPOSITION OF REMAINDER OF ESTATE 5TH: CREATION OF TRUSTS FOR SPOUSE 6TH: CREATION OF TRUST FOR CHILDREN 7TH: OTHER BENEFICIARIES UNDER 21 8TH: EXECUTORS 9TH: TRUSTEES 10TH: GUARDIANS 11TH: SURETY OR BOND 12TH: POWERS 13TH: AFTERBORN CHILDREN 14TH: PRINCIPAL AND INCOME 15TH: NO ASSIGNMENT OF BEQUESTS 16TH: GENDER 17TH: CONSTRUCTION OF WILL 18TH: NO CONTEST CLAUSE
A will must not only be prepared within the legal requirements of the New Jersey Statutes but should also be prepared so it leaves no questions regarding your intentions.
WHY PERIODIC REVIEW IS ESSENTIAL
Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will. Some of these are:
* Marriage, death, birth, divorce or separation affecting either you or anyone named in your Will
*Significant changes in the value of your total assets or in any particular assets which you own
* A change in your domicile
* Death or incapacity of a beneficiary, or death, incapacity or change in residence of a named executor, trustee or guardian of infants, or of one of the witnesses to the execution of the Will
*Annual changes in tax law
MAY I CHANGE MY WILL?
Yes. A Will may be modified, added to, or entirely changed at any time before your death provided you are mentally and physically competent and desire to change your Will. You should consider revising your Will whenever there are changes in the size of your estate. For example, when your children are young, you may think it best to have a trust for them so they do not come into absolute ownership of property until they are mature. Beware, if you draw lines through items, erase or write over, or add notations to the original Will, it can be destroyed as a legal document. Either a new Will should be legally prepared or a codicil signed to legally change portions of the Will.
SAVE MONEY
Your estate will be subject to probate whether or not you have a Will and in most cases, a Will reduces the cost by eliminating the requirements of a bond. With a well-drawn Will, you may also reduce death taxes and other expenses. Dont pinch pennies now to the detriment of your beneficiaries. We have attempted to briefly explain in this article some of the issues, techniques, and decisions involved in Wills, Estate Planning, and Administration of an Estate. Because the matters covered are complicated and the Federal and New Jersey laws frequently change, this article can only outline some of the many legal issues you should consider.
The proper preparation of a Will should involve a careful analysis of the clients assets, family and his/her desires. Estate Planning is the process of examining what will happen to your property when you die and arranging for its distribution in such a manner as will accomplish your objectives. The cost of a Will depends on the size and the complexity of the estate and the plans of the person who makes the Will.
A properly drawn Simple Will without Trust costs approximately $100.00 to $500.00. It is one of the most important documents you will ever sign, and may be one of the best bargains you will ever have. Be sure your Will takes into account the 1997 Federal Tax changes and all New Jersey Inheritance Tax changes. Also, ascertain if your Will is “self-proving”, which would dispense with having to find the Willís witnesses after death.
WHAT IS A WILL?
“A Will is a Legal written document which, after your death, directs how your individually owned property will be distributed, who will be in charge of your property until it is distributed and who will take care of your minor children if the other parent should die . You should remember that the term “property” under the law includes real estate as well as other possessions and rights to receive money or items of value.” Everyone who has at least $3,000 in assets should have a Will. You do not have to be wealthy, married, or near death to do some serious thinking about your Will.
ADMINISTRATION OF AN ESTATE
If you are named the executor or executrix, you must visit the County Surrogate to probate the Will. You will need the following items: 1. The Death Certificate 2. The Original Will 3. Names and Addresses of decedents, next of kin and will beneficiaries 4. Minimum of $80.00 for Surrogate fees
A state inheritance tax return must be filed and the tax paid on the transfer of real or personal property within eight months after death.
OTHER ITEMS OF CONCERN TO BE PREPARED BY YOUR ATTORNEY -Trusts (and Medicare Trusts) -Power of Attorney- to allow a trusted person to administer your assets during your lifetime, either upon disability or now -Living Wills- to state your wishes concerning medical care in the event of your serious illness

Estate Planning Wills & Estate Administration

Estate Planning

Wills & Estate Administration SAVE MONEY AND PROVIDE FOR YOUR LOVED ONES As average Americans, we work 80,000 hours in a lifetime, or 45 to 55 years. In spite of all the resources and assets we earn, the vast majority of us do not take the time to create a will. National statistics indicate that 80% of Americans die without leaving a will. There are several reasons for this: fear of death; procrastination; and misinformation (people presume that only the rich need to have wills). Whatever the excuse, it is clear that people would benefit from having a will. In the absence of a will or other legal arrangement to distribute property at death, the state must step in to administer the estate. The result can be lengthy delays before the rightful heirs receive their property. And because the state has no instructions from the deceased, no charitable gifts will be made. IF YOU HAVE NO WILL: If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate: * State law determines who gets assets, not you * Additional expenses will be incurred and extra work will be required to qualify an administrator * Judge determines who gets custody of your children * Possible additional State inheritance taxes and Federal estate taxes * If you have no spouse or close relatives the State may take your property * The procedure to distribute assets becomes more complicated-and the law makes no exceptions for persons in unusual need or for your own wishes. * It may also cause fights and lawsuits within your family When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with Financial concerns. Careful estate planning helps take care of that. THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH SHOULD BE INCLUDED IN A WILL: 1ST: DEBTS AND TAXES 2ND: SPECIFIC BEQUESTS 3RD: DISPOSITION TO SPOUSE 4TH: DISPOSITION OF REMAINDER OF ESTATE 5TH: CREATION OF TRUSTS FOR SPOUSE 6TH: CREATION OF TRUST FOR CHILDREN 7TH: OTHER BENEFICIARIES UNDER 21 8TH: EXECUTORS 9TH: TRUSTEES 10TH: GUARDIANS 11TH: SURETY OR BOND 12TH: POWERS 13TH: AFTERBORN CHILDREN 14TH: PRINCIPAL AND INCOME 15TH: NO ASSIGNMENT OF BEQUESTS 16TH: GENDER 17TH: CONSTRUCTION OF WILL 18TH: NO CONTEST CLAUSE A will must not only be prepared within the legal requirements of the New Jersey Statutes but should also be prepared so it leaves no questions regarding your intentions. WHY PERIODIC REVIEW IS ESSENTIAL Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will. Some of these are: * Marriage, death, birth, divorce or separation affecting either you or anyone named in your Will *Significant changes in the value of your total assets or in any particular assets which you own * A change in your domicile * Death or incapacity of a beneficiary, or death, incapacity or change in residence of a named executor, trustee or guardian of infants, or of one of the witnesses to the execution of the Will *Annual changes in tax law MAY I CHANGE MY WILL? Yes. A Will may be modified, added to, or entirely changed at any time before your death provided you are mentally and physically competent and desire to change your Will. You should consider revising your Will whenever there are changes in the size of your estate. For example, when your children are young, you may think it best to have a trust for them so they do not come into absolute ownership of property until they are mature. Beware, if you draw lines through items, erase or write over, or add notations to the original Will, it can be destroyed as a legal document. Either a new Will should be legally prepared or a codicil signed to legally change portions of the Will. SAVE MONEY Your estate will be subject to probate whether or not you have a Will and in most cases, a Will reduces the cost by eliminating the requirements of a bond. With a well-drawn Will, you may also reduce death taxes and other expenses. Dont pinch pennies now to the detriment of your beneficiaries. We have attempted to briefly explain in this article some of the issues, techniques, and decisions involved in Wills, Estate Planning, and Administration of an Estate. Because the matters covered are complicated and the Federal and New Jersey laws frequently change, this article can only outline some of the many legal issues you should consider. The proper preparation of a Will should involve a careful analysis of the clients assets, family and his/her desires. Estate Planning is the process of examining what will happen to your property when you die and arranging for its distribution in such a manner as will accomplish your objectives. The cost of a Will depends on the size and the complexity of the estate and the plans of the person who makes the Will. A properly drawn Simple Will without Trust costs approximately $100.00 to $500.00. It is one of the most important documents you will ever sign, and may be one of the best bargains you will ever have. Be sure your Will takes into account the 1997 Federal Tax changes and all New Jersey Inheritance Tax changes. Also, ascertain if your Will is “self-proving”, which would dispense with having to find the Willís witnesses after death. WHAT IS A WILL? “A Will is a Legal written document which, after your death, directs how your individually owned property will be distributed, who will be in charge of your property until it is distributed and who will take care of your minor children if the other parent should die . You should remember that the term “property” under the law includes real estate as well as other possessions and rights to receive money or items of value.” Everyone who has at least $3,000 in assets should have a Will. You do not have to be wealthy, married, or near death to do some serious thinking about your Will. ADMINISTRATION OF AN ESTATE If you are named the executor or executrix, you must visit the County Surrogate to probate the Will. You will need the following items: 1. The Death Certificate 2. The Original Will 3. Names and Addresses of decedents, next of kin and will beneficiaries 4. Minimum of $80.00 for Surrogate fees A state inheritance tax return must be filed and the tax paid on the transfer of real or personal property within eight months after death. OTHER ITEMS OF CONCERN TO BE PREPARED BY YOUR ATTORNEY -Trusts (and Medicare Trusts) -Power of Attorney- to allow a trusted person to administer your assets during your lifetime, either upon disability or now -Living Wills- to state your wishes concerning medical care in the event of your serious illness  More info at http://www.njlaws.com/wills_and_estate_administration.html?

CLARIFICATION OF FILING PROCESS FOR WAGE EXECUTIONS AND GARNISHMENTS AFTER A JUDGMENT IS DOCKETED WITH THE SUPERIOR COURT CLERK'S OFFICE AS A STATEWIDE JUDGMENT LIEN

NOTICE TO THE BAR (Revised)

CLARIFICATION OF FILING PROCESS FOR WAGE EXECUTIONS AND GARNISHMENTS AFTER A JUDGMENT IS DOCKETED WITH THE SUPERIOR COURT CLERK'S OFFICE AS A STATEWIDE JUDGMENT LIEN
This Notice provides additional clarification regarding the filing of wage garnishments. This notice replaces and supersedes all prior notices clarifying the wage garnishment process and fee collection (including the notice dated May 2, 2016).
Nomenclature and Docketing Judgments as Statewide Liens
In order to clarify the nomenclature utilized by the courts, this notice further clarifies the meaning of certain designations commonly used when referencing judgments. A vicinage judgment (VJ) exists where a judgment was issued in the Superior Court and no other action has been taken to create a lien on real property in New Jersey. These judgments may be issued from the Chancery Division (Family and General Equity Parts) and the Law Division (Criminal and Civil Parts).
Where a party seeks to have a judgment levied as a lien against real property, a request must be made to the Superior Court Clerk's Office to docket that judgment in the lien index. Where a matter originated from the Special Civil Part, more commonly referred to as "DC", the Clerk's Office in docketing the judgment will issue a docket judgment ("DJ") number. Where a matter originated from the Chancery Division (Family and General Equity Parts) or the Law Division (Criminal and Civil Parts), the Clerk' s Office in docketing the judgment will issue a judgment ("J") number. Each typ~ of number- docket judgment ("DJ") number or judgment ("J") number- represents a statewide judgment lien against real property.

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In addition to Superior Court judgments, there are other types ofjudgments that may be docketed as statewide judgment liens - foreign judgments, state agency certificates of debt/judgments, and Motor Vehicle Commission judgments.
Wage Garnishment Applications/Motions on Docketed Judgments
Wage garnishments must be by application/motion to the court. Applications/
motions for wage execution orders on existing New Jersey Superior Court docketed judgments
(including judgments that were subsequently docketed in the Civil Judgment & Order Docket '
(CJOD) as a statewide judgment lien) must be filed in the county where the original judgment wasissued. ASuperiorCourtjudgewillactontheapplication/motionbasedonthedocuments submitted and, if determined appropriate, will issue an order that permits the wage execution. The filing party is required to remit a separate fee for filing the application/motion (if applicable) and for issuance ofthe wage execution (writ).
Where a judgment has been docketed as a statewide judgment lien, the filing party must follow a two-step process for the issuance of a wage garnishment.
Step 1:
Where a judgment has been docketed as a "DJ" or "J", the filing party must file an application/motion for wage garnishment (writ) in the county where the judgment was issued or where venue is designated by court rule or statute. That request must include the following:
(1) Application/motion for Wage Garnishment (including certification in support)~ (2) Proposedformoforder~and
(3) Filing fee pursuant to Rule 1:43, if required.

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The party must remit payment for the application/motion, if a fee is required. There is no fee payable for a wage garnishment at the time the motion is filed, so long as the filing party indicates the statewide lien index number (designated by a "J" or "DJ" prefix) on the initial request. Failure to include the lien index number will result in the application/motion being processed against the vicinage judgment rather than against the statewide docketed judgment.
Step 2:
Once the Superior Court judge issues an order permitting the wage garnishment, the filing party must file the following with the Superior Court Clerk's Office:
(1) Wage execution order signed by a Superior Court judge;
(2) Proposed form of writ; and
(3) Filing fee in the amount of $50 payable to the "Treasurer, State of New Jersey."
These documents submitted to the Superior Court Clerk's office must contain the statewide lien index number. Failure to include the lien index number on the documents will result in a letter to the filing party requesting correction ofthe documents before the wage execution can be issued. Upon receipt of conforming documents and the required filing fee for the wage execution, the Superior Court Clerk's Office will endorse the writ in the name of the Clerk and return it to the filer for service in accordance with Rule 4:59-1.
Process for Seeking Wage Garnishment Against Other Types of Statewide Liens As noted above, in addition to Superior Court judgments, there are other types of
judgments that may be docketed as statewide judgment liens - foreign judgments, state agency

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certificatesofdebt/judgments,andMotorVehicleCommissionjudgments. Theprocessesfor filing for wage garnishment against these various types ofjudgments as statewide liens are as follows:

1.
2.
3.

Applications/motions for wage garnishments for matters involving the enforcement of foreign judgments must be filed in the county in which the judgment debtor resides, or, if the judgment debtor is a non-New Jersey resident, the county in which the property is located. Ifneither condition is met, the matter must be filed in Mercer County; Applications/motions for wage garnishments for matters involving the enforcement of
State agency certificates ofdebt/judgments may be filed either in the county where the judgment debtor resides or in Mercer County ; and
Applications/motions for wage garnishments for matters involving the enforcement of Motor Vehicle Commissionjudgments must be filed in the county where the judgment
debtor resides.

Wage Garnishment Applications/Motions on Judgments That Have Not Been Docketed
Where a judgment has not been docketed as a statewide judgment lien, the filing party seeking a wage garnishment must file an application/motion in accordance with Rule 4:59-1 (Civil Part actions) and 6:7-3 (Special Civil Part actions) and submit the following:
(1) Motion or Application for Wage Garnishment (including certification in support); (2) Proof of Service on the Debtor (Civil Part actions);
(3) Proposed form o f Order; and
(4) Proposed form of Writ of Execution;

4

For Law Division, Civil Part matters, the filing party at the time the application/motion is filed must remit separate payments for the motion and for the writ, each payable to the Treasurer, State ofNew Jersey. Both fees are non-refundable, even where the application is denied. For Special Civil Part matters, Directive #07-14 instead provides that the fee for issuance of a wage garnishment is "to be collected at the time of the receipt for wage garnishment instead of upon issuance of the wage execution." In those Special Civil Part matters there is no separate fee for the application.
If the application/motion for wage garnishments does not contain a docketed judgment lien index number (even if there is a docketed judgment), it will be processed as a vicinage judgment (rather than as a statewide docketed judgment). In such situations the writ of execution will only be levied against the vicinage judgment.
Where there was a statewide docketed judgment lien index number that the filing party failed to include and the filing party wants the already issued wage execution (writ) to be levied not just against the vicinage judgment but against the statewide docketed judgment, the filing party must file a new application/motion in the county where the judgment was issued, referencing the previously omitted docketed judgment lien index number and following the process set forth below. Note that once a filing fee has been remitted, there are no refunds for incorrectly filed documents or denied applications.
For questions about this notice, please contact Michelle M. Smith, Clerk ofthe Superior Court, by email at michelle.smith@njcourts.gov or by telephone at (609) 421-6100.

Dated: May 6, 2016

Hon. Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts

source: http://www.judiciary.state.nj.us/notices/2016/n160510d.pdf

ABA’s “Smart Marketing for Smart Firm Lawyers” a book from the American Bar Association.

 ABA’s “Smart Marketing for Smart Firm Lawyers”  a book from the American Bar Association. My staff implemented many of the ideas to improve our law office. 

Smart Marketing and the Small Firm Lawyer                                               

List Price: $59.95                                                                                          Author(s): Kenneth A Vercammen Sponsor(s): Solo, Small Firm and General Practice Division Publisher(s): ABA Book Publishing  ISBN: 978-1-62722-484-0 Product Code: 5150468 2014, 156 Pages, 7 x 10

     Marketing is essential to the growth of any enterprise. There are many low-cost and no-cost opportunities that exist. This video explores today’s marketing landscape and outlines its many facets for you in concise and easy to understand terms.

   Any business owner will tell you that marketing is vital to the success and growth of a venture, and a law practice is no exception! This book thoroughly explores today’s marketing landscape and outlines its many facets for you in concise and easy to understand terms. This ABA book “Smart Marketing for Smart Firm Lawyers” covers:

*Creating a blog for free
*How to leverage a wide array of social networking sites (like Facebook, Martindale Hubble, Yelp, etc.)
*Best practices for marketing within the law office
*Low-cost and no-cost marketing activities
*Tips to increase your efficiency and reach
*And more!

Included with this book is a helpful CD-ROM with digital copies of all the exhibits used in the book and the various websites that are referenced. Learn how to make the most the marketing opportunities that exist with Smart Marketing for the Small Firm Lawyer.

      Praise for Smart Marketing for the Small Firm Lawyer: "Vercammen's new marketing book belongs in the tool box and library of every lawyer regardless of firm size. Ken not only tells the lawyer WHAT to do, he shows the lawyer HOW to do it."       Jay Foonberg      Author of How to Start and Build a Law Practice, 5th Ed

Smart Marketing for the Small Firm Lawyer Order details: http://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=214498

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About the author: Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney where he  handles Criminal, Municipal Court, Probate, Civil Litigation and Estate Administration matters. Ken is author of the American Bar Association's new book “Criminal Law Forms” and often lectures to trial lawyers of the American Bar Association, NJ State Bar Association and Middlesex County Bar Association.  As the Past Chair of  the Municipal Court Section he has served on its board for 10 years. 

     Awarded the Municipal Court Attorney of the Year by both the NJSBA and Middlesex County Bar Association, he also received the NJSBA- YLD Service to the Bar Award and the General Practitioner Attorney of the Year, now Solo Attorney of the Year.

        Ken Vercammen is a highly regarded lecturer on both Municipal Court/ DWI and Estate/ Probate Law issues for the NJICLE- New Jersey State Bar Association, American Bar Association, and Middlesex County Bar Association. His articles have been published by NJ Law Journal, ABA Law Practice Management Magazine, YLD Dictum, GP Gazette and New Jersey Lawyer magazine.  He was a speaker at the 2013 ABA Annual meeting program “Handling the Criminal Misdemeanor and Traffic Case” and serves as is the Editor in Chief of the NJ Municipal Court Law Review.

         For nine years he served as the Cranbury Township Prosecutor and also was a Special Acting Prosecutor in nine different towns. Ken has successfully handled over one thousand Municipal Court and Superior Court matters in the past 27 years.

His private practice has devoted a substantial portion of professional time to the preparation and trial of litigated matters. Appearing in Courts throughout New Jersey several times each week on Criminal and Municipal Court trials, civil and contested Probate hearings.  Ken also serves as the Editor of the popular legal website www.njlaws.com and related blogs. In Law School he was a member of the Law Review, winner of the ATLA trial competition and top ten in class.

       Throughout his career he has served the NJSBA in many leadership and volunteer positions. Ken has testified for the NJSBA before the Senate Judiciary Committee to support changes in the DWI law to permit restricted use driver license and interlock legislation. Ken also testified before the Assembly Judiciary Committee in favor of the first-time criminal offender “Conditional Dismissal” legislation which permits dismissal of some criminal charges. He is the voice of the Solo and Small firm attorneys who juggle active court practice with bar and community activities. Recently, the ABA Solo Division has selected Ken to write its new book on “Marketing for the New and Small Firm Attorney”. In his private life he has been a member of the NJ State champion Raritan Valley Road Runners master’s team and is a 4^th degree black belt.