By Fredrick P. Niemann, Esq. a Special Needs Trust Lawyer in New Jersey

 

A parents retirement benefits will not be affected by their child’s receipt of SSDI benefits. As long as the adult disabled child and one of their parents meets all the qualifications above, the child should be able to receive significant social security benefits. It is important to note that since SSDI doesn’t take into account any of the disabled child’s assets, the benefits they receive will not be affected by their income and resources. Do keep in mind though that if the disabled child does begin to work and earn an income, they may be at risk of being labeled as no longer disabled by the SSA, in which case the SSDI benefits would be canceled.

 

Parents who have not reached an age where they are receiving Social Security benefits themselves but have an adult ...

By Fredrick P. Niemann, Esq., a NJ Wills Attorney
 
When one does not leave a will indicating who shall be named administrator of their estate, New Jersey Surrogate Courts will name someone to take the position pursuant to NJ law. This person is put in charge of managing the assets and liabilities of the decedent and may be given additional responsibilities depending on the particular situation. One recent NJ case involved a dispute as to who would be named administrator for a recently deceased individual who died in a car accident allegedly as a result of another’s fault.

 

The administratrix ad prosequendum is a position in which the administrator of an estate takes the place of the plaintiff on behalf of the deceased’s estate. In the case at hand, the mother of the deceased was named as the administrator to the estate and put in charge of bringing suit against ...

By Fredrick P. Niemann, a NJ Estate Planning Attorney

 

Parents who have adult disabled children relying on them for support often live a stressful life. They care deeply about their child and want only the best for them, which can add a whole new element of stress to their lives. Adding to this stress level is their fear of death, not due to dying itself, but rather the fear that their special needs child may survive them and have nobody to care for them. While this fear is certainly justified, parents who take the time to properly plan can help ensure their disabled child will be taken care of long after their death. This in turn will help ease the parents’ stress level by providing a certain level of security for the child.

 

 Advances in medicine and health care have made this the first time in history ...

By Fredrick P. Niemann, a NJ Trust Attorney

 

Passing your wealth to your children is something you probably take for granted. Most individuals believe this is as easy as leaving their assets in their will and for many, this is true. However, in some unfortunate situations, parents’ assets may not successfully pass to their children. This is often due to creditors, ex-spouses, and others who bring claims against the estate of the child. If successful, these claims may entitle these creditors to your assets immediately upon your death, without your children ever receiving the benefit of them. Fortunately, trusts provide a different avenue for you to pass your estate to your child. Certain trusts, such as the Irrevocable Beneficiary-Controlled Trust, can provide a safe, effective way to pass your assets to your children without creditors getting a hold of them.

 

The Irrevocable Beneficiary-Controlled Trust has a unique setup ...

By Fredrick P. Niemann, Esq. a New Jersey Estate Administration lawyer

 

Here is an interesting situation that I am currently involved in.  The decedent’s grandmother was the guarantor of her grandson's student loan, which is current. The grandmother’s Last Will and Testament (Will) has standard clause to pay decedent's debts. Does the death of the guarantor (grandmother) - trigger full payment of the student loan (even if current), or does it extinguish the guarantee?
 
If the answer is full payment - it appears that the estate has to bring suit against the grandson, but will he argue that the loan can be paid over time... The estate cannot remain open for the life of this loan.  The grandson's mother is an equal beneficiary with her siblings under the LWT, and of course all family members believe that if the loan has to be paid off, it should be attributed to ...