FAQ

 Do you charge a consultation fee for an initial meeting?

 

Yes.  I charge a $500 consultation fee because I use that time to learn about your situation and provide thoughtful, tailored advice based on your specific circumstances— for today and in the future. This

is not a sales meeting—it’s a working meeting where you leave with answers and direction.

 

In some cases, that’s all you need to move forward independently with confidence. In others,

additional legal work may be appropriate. If you choose to hire me, the consultation fee is

applied toward that work.​

 

What is a Certified Elder Law Attorney?

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A Certified Elder Law Attorney, often referred to as a CELA, is an attorney who has earned certification through the American Bar Association (ABA) accredited National Elder Law
Foundation (NELF).

To qualify as a CELA, there are many Qualification Requirements including, substantial elder law

practice, elder-law-specific continuing legal education, attorney references, and completion of the    rigorous CELA examination. Certification reflects advanced experience and demonstrated knowledge

in a specialized area of law that affects older adults, individuals with disabilities, and
their families.

Elder law may include estate planning, Medicaid planning, long-term care planning, guardianships,

special needs planning, estate administration, and related legal issues. Not every attorney who handles estate planning or elder law matters is a Certified Elder Law Attorney. For clients and families, the

CELA designation can be an important indication that an attorney has met additional standards in

this focused area of practice.

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Frequently Asked Questions About Estate Planning

 

Do you handle basic estate planning like wills and powers of attorney?

 

Yes. I regularly prepare wills, powers of attorney, and advance directives.

 

I work with younger families who want to make sure their children are protected and guardians are in place, as well as older clients who are planning for incapacity and coordinating with adult children.

 

Estate planning is not one-size-fits-all—it evolves depending on your stage of life, and my role is to

help you put the right structure in place for where you are now. Often that means an introductory level

will that will be amended in the future as children are born, properties are purchased, and in other scenarios.

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We are newlyweds and are about to purchase a home. Should we get a will now or wait until we have children?

 

You should strongly consider estate planning now rather than waiting until you have children. Many

people assume estate planning only becomes important once they become parents or are seniors. In

reality, major life events such as marriage and purchasing a home are often the right time to begin
begin planning.

 

For example, under New Jersey’s intestacy statutes, if one spouse dies without a Will, they have

no children, and they are survived by a parent, the surviving spouse will not receive the entire

estate. A portion will pass to the surviving parent, which may not be what the couple would

have chosen.

A Will allows you to exercise self-determination rather than leaving these decisions to default
legal rules. Even a basic estate plan can help ensure that important decisions are made by the

people you choose, and that your assets pass in the way you intend, rather than through court
involvement or statutory default rules.

In addition to Wills, newly married couples should consider powers of attorney and healthcare
directives. These documents allow your spouse or another trusted person to make financial and
medical decisions for you if you become incapacitated.

Planning early also creates a foundation that can be updated later as your family, finances, and
goals evolve.

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My partner and I are not married. How does that affect estate planning?
 

Unmarried couples often need more intentional estate planning because the law generally does
not provide unmarried partners with the same automatic rights given to married spouses.
 

New Jersey inheritance tax can also be an important consideration. The New Jersey Division of
Taxation identifies spouses, civil union partners, and domestic partners as Class A beneficiaries,
who are exempt from inheritance tax, but identifies live-in partners (even long-term
relationships) as Class D beneficiaries, who will be taxed at rates of 15% to 16% depending on
the size of the estate. This means that leaving assets to an unmarried partner may have tax
consequences that would not apply to a spouse, civil union partner, or qualifying domestic
partner.

Without proper planning documents, an unmarried partner may have no legal authority to make
medical decisions, access financial information, inherit assets, or administer an estate. In many
situations, those rights may instead belong to biological family members under New Jersey law.
Proper planning for unmarried couples may include Wills, revocable trusts, powers of attorney,
healthcare directives, beneficiary designation reviews, and careful review of how property is
owned. Couples who share a home, have children from prior relationships, or have blended
family concerns may need additional planning tailored to their circumstances.

Because every family structure is different, unmarried couples often benefit from a customized
estate plan designed around their specific goals, relationships, and concerns.

My parents do not have a will. How do I encourage them to get one?

 

These conversations can be difficult, but they are incredibly important.

Many parents avoid estate planning because they feel overwhelmed, uncomfortable discussing
aging or death, simply believe they do not need a plan yet, or that their estate will just pass to
their family. Often, the best approach is not to focus on death or money, but on reducing stress,
preserving choices, and protecting the family.

You may want to explain that estate planning is really about autonomy and self-determination. A
will allows them to choose who should administer their estate, rather than leaving loved ones to
navigate the default process for letters of administration when there is no named executor.

 

Under New Jersey law, if a person dies without a will, administration is generally granted first to the
surviving spouse or domestic partner (if that person accepts), then to remaining heirs, which means
multiple people may have the same priority creating a potential conflict.

 

In some estate administrations, New Jersey law will also require a fiduciary bond (i.e. an insurance policy)
which can add expense, paperwork, and delay. In some cases, the bond requirement may
preclude someone you would like to administer your estate from doing so due to credit history,
for example.

You may also want to explain that they are not only doing this for themselves. They are doing it
for their family, so loved ones have clearer instructions, fewer decisions to make during a
difficult time, and less uncertainty about who has authority to act. A thoughtful estate plan can
help ensure their wishes are followed, make things easier for loved ones, allow them to choose
who will make decisions if they become ill, reduce the risk of family conflict or confusion, and
create a plan for healthcare, finances, and future needs.

It may also help to reassure them that estate planning is not only for wealthy individuals or
people in crisis. Many families simply want clarity, organization, and peace of mind.

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Frequently Asked Questions About Medicaid

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​What is the 5-year lookback and why does it matter for planning?

 

The 5-year lookback is a Medicaid rule that reviews financial transactions made in the five years immediately prior to applying for benefits. Certain transfers can result in a penalty period, delaying eligibility.  A penalty period is a period of time that Medicaid will not pay for long term care and is based on the amount of assets transferred in the five-year lookback.

 

Because of this rule, advance planning is the most effective approach. When planning is done early, there are typically more opportunities to protect assets and create a strategy that works for your family.

 

Once a crisis happens, planning becomes more limited and more reactive.  Planning is still possible even in a crisis, but more can be protected by planning in advance. Starting the conversation early gives you more control and better outcomes.  Some families come to us to plan. Others come in crisis. The difference in available options can be significant.

 

What’s the difference between a Medicaid application service and an elder law attorney?

 

A Medicaid application service typically helps gather documents and submit an application. Their role is administrative—they focus on getting the paperwork filed and processed.

 

An elder law attorney does much more. I evaluate your full financial and legal picture, advise you on available planning strategies, and help you make informed decisions before anything is submitted. That can include identifying opportunities to protect assets, avoid unnecessary spend-down, addressing missteps that may have already occurred, creating a plan for a spouse or other family members, and structure things to minimize or avoid estate recovery.

 

It’s also important to understand that some application services or referral sources may be closely aligned with facilities, where the primary goal is to secure payment for care. That process may not include evaluating whether there are ways to preserve assets or structure things differently for your benefit.

 

That distinction matters. There may be legal options available that a non-attorney cannot advise you on—particularly when it comes to asset protection and planning strategies.

 

My role is to guide you through both—the legal planning and the application process—so that every step is taken with your best interests in mind.

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What are the different Medicaid eligibility groups, and why does it matter?

 

Medicaid is not a single program—it is a collection of eligibility groups, each with its own criteria and benefits under the umbrella of "Medicaid".

 

These include programs such as NJ FamilyCare (Affordable Care Act Medicaid), WorkAbility, Aged, Blind, and Disabled (ABD) Medicaid, the Supports Program, and Managed Long-Term Services and Supports (MLTSS) for nursing home and long-term care.

 

Identifying the correct eligibility group is critical. Applying under the wrong program can lead to delays, denials of care, or missed opportunities for planning for care now and for the future.

 

This is especially important for individuals with disabilities. Some may simply need medical insurance coverage, while others may need access to robust services and supports in the community to allow them to live independently. There are different programs, with different rules—and obtaining eligibility for the right one matters.

 

Many attorneys limit their practice to nursing home Medicaid. I routinely work across multiple eligibility categories to help clients find the right path based on their specific needs.

 

Frequently Asked Questions About Special Needs Planning

 

We have a child (minor or adult) with disabilities—what should we be thinking about in our estate plan?

 

Planning for a child with disabilities requires a different approach than traditional estate planning.

 

Most special needs adults rely on Medicaid and SSI which typically have strict income and asset limits. It is important to know that an outright inheritance can jeopardize eligibility for these benefits. This is why proper planning is key: you can provide for your child without putting those benefits at risk. Special needs families often use financial tools such as special needs trusts and carefully coordinate how assets pass, both during your lifetime and at death.

 

Planning in advance also allows you to control where any remaining assets go if your child passes away before you. Without the right structure in place, those funds may be subject to reimbursement to the state. With proper planning, you can direct those assets according to your family's wishes.

 

For families with younger children, this includes naming guardians and putting the right structure in place early. For adult children, the focus is often on long-term support, benefit preservation, and coordination with caregivers to ensure a high quality of life.

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For more information on financial tools for special needs family members, click here.

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Frequently Asked Questions About Estate Administration​

What happens when a person dies without a will in the State of New Jersey?

If someone passes away without having a will, their estate is administered under New Jersey's intestacy laws. At this point, without any direction from the deceased, various questions need to be answered (and we help families make these determinations):

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• Who is appointed to act on behalf of the estate?

• Who inherits what assets and in what proportions?

• How will the assets be distributed?

• Are there any estranged beneficiaries and how will they be attended to?

• Will the Court require a bond?

 

These and other issues arise and we are there to guide our clients through this legal process.

 

Do you meet via Zoom?

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Yes. We meet with clients both in person and by Zoom for consultations, planning meetings, document reviews, and follow-up appointments. How we proceed is the client’s choice. Many clients appreciate meeting in person, while others prefer the flexibility and convenience of Zoom.

 

Virtual meetings can be especially helpful for busy families, individuals with mobility concerns, caregivers, or out-of-state relatives who are participating in planning discussions. When it comes time to execute estate planning documents, however, we must meet in person to ensure the documents are properly witnessed and notarized where required.

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​Important Note
These FAQs are for general informational purposes only and are not legal advice. Every situation
is different, and the right plan depends on your family, assets, health, goals, and applicable law.

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​* *Certified Elder Law Attorney (CELA), as certified by the American Bar Association (ABA) accredited National Elder Law Foundation (NELF).