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Law Firm of Benjamin Eckman

New Jersey Estate Planning Lawyer

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SUPREME COURT RULES INHERITED IRAs ARE NOT PROTECTED

On June 12, 2014, the United States Supreme Court unanimously ruled that individual retirement accounts (IRAs) left to a non-spouse beneficiary are not protected from bankruptcy proceedings. As a result of this decision, individuals who have inherited IRAs are now confronted with the prospect of not having these assets protected from creditors when filing for […]
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BENEFITS OF A PERSONAL RESIDENCE TRUST

HOW TO BEST PROTECT YOUR HOME IF NURSING HOME CARE IS EVER NEEDED By: BENJAMIN D. ECKMAN, ESQ. Elder Law Attorney What are the benefits of a personal residence trust? Many senior citizens are concerned with the thought “what will happen to my primary residence if nursing home care is ever needed?” Married couples are afraid […]
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TOP ELDER LAW CASES

Below are the top elder law cases for 2015. Enjoy!!! 1. Short-Term Annuities Are Not Resources for Medicaid Purposes In Zahner v. Secretary Pennsylvania Dept. of Human Services the Third Circuit Court of Appeals rules that Medicaid applicants’ short-term annuities are not resources even though the terms were less than the annuitants’ life expectancies. In three […]
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PROTECT YOUR IRA

 September 30, 2021 |
In this article we detail how best to protect your IRA. On June 12, 2014 the United States Supreme Court issued a unanimous decision holding that an inherited IRA passing to a non-spouse beneficiary is not a “retirement fund” and thus does not provide creditor protection. The case focused on Hedi Heffron-Clark, who inherited an […]
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ANNUITIES PROTECT FUNDS FROM NURSING HOME

 September 30, 2021 |
In this article, we detail how annuites protect funds from nursing home. Individuals often purchase annuities in order to provide a source of income during retirement. However, annuities should also be considered to shelter assets, allowing the purchaser to qualify themselves or their spouse for nursing home Medicaid. Twenty five years ago when I began […]
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INCOME ONLY TRUSTS: HAVING YOUR CAKE AND EATING IT TOO

Recently a healthy single woman came to my office with the following demand: “Protect my money in case I ever enter a nursing home, make sure my children do not pay any capital gains tax on the appreciation of the assets, and protect my dignity and self-respect so that I do not have to go […]
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Medicaid Application Checklist

 September 30, 2021 |
Below you will find the Medicaid application checklist. This office strives to provide the best possible service in assisting you with the Medicaid application process. This process is complex and exhaustive. In order for your application to go as smoothly as possible, we request copies of the following: Proof of Age for applicant and spouse […]
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Medicaid and the Primary Residence

The Problem: Will I Lose My Home If Nursing Home Care Is Ever Needed? What is the best way to protect your primary residence from Medicaid if nursing home care is ever needed? Many senior citizens are concerned with the thought “what will happen to my primary residence if I need to enter a nursing […]
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Understanding Advance Directives: Living Wills and Health Care Proxies

 September 7, 2021 |
Advance directives are legal documents which provide information about your treatment preferences to those caring for you. Serious injury, illness or mental incapacity may make it impossible for you to make health care decisions for yourself. By executing either a Living Will or a Health Care Proxy, you have ensured that your wishes are respected […]
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Law Firm of Benjamin Eckman
Planning Today for Your Family's Tomorrow

1767 Morris Ave., Suite 314
Union, NJ 07083

By Appointment Only:

73 Mt. View Blvd., Wayne, NJ 07470
(973)709-0909

1 University Drive, Suite 609
Hackensack, NJ 07601

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Union Office

1767 Morris Ave., Suite 314
Union, NJ 07083

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Wayne Office

By Appointment Only:

73 Mt. View Blvd., Wayne, NJ 07470
(973)709-0909

Get Directions
Hackensack Office

1 University Drive, Suite 609
Hackensack, NJ 07601

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