The decedent, Tracy Solivan, had been disabled at birth as a result of medical malpractice at a Hudson County hospital. Her parents had obtained a $172,400 settlement on her behalf, which was held in the Hudson County Surrogate’s account until she turned eighteen. In 2002, after she turned 18, Tracy Solivan’s mother was appointed as.. read more →

On December 3rd, I presented at the 72nd Semi-Annual Tax and Estate Planning Forum sponsored by the NJ Institute for Continuing Legal Education. My presentation focused on recent developments in planning for disabled beneficiaries, including my recent victory in the New Jersey Supreme Court in the Thomas Saccone v. Board of Trustees of the Police and.. read more →

There are different rules regarding the imposition and repayment of Medicaid liens prior to funding special needs trusts (as opposed to the imposition and recovery of Medicaid liens from estates of deceased recipients.(Notably, the lien rules are different in the context of institutional liens (see N.J.S.A. 30:4-80.1) and DDD services (see N.J.A.C. 10:7-6.1). The differences.. read more →