Issues Related To Estate Planning

1. The Viatical Settlements Act regulates the business of viatical companies in N.J. -- a viatical settlement agreement provides for the payment of life insurance benefits to the insured during the insured's lifetime, instead of the insured's beneficiaries after the insured's death.



2. Durable Power of Attorney Act [N.J.S.A. 46:2B-8.1 et seq.]



3. Advance Directives for Health Care Act [N.J.S.A. 26:2H-53 et seq.]



4. Advance Directives for Mental Health Care Act



5. PROPERTY TRANSFER; MEDICAID: A person may not be deemed ineligible for Medicaid assistance based on the "look back" doctrine if the person conveyed property by a deed that was executed more than thirty-six months before the person applied for the assistance even if the deed is not recorded until later, by Patrick A. Randolph, Jr., Elmer F. Pierson Professor of Law, UMKC School of Law -- a comment on H.K. v. State of New Jersey, Department of Human Services, 184 N.J. 367 (2005);
   
   BUT, see also: Kinasz-Reagan v. Ohio Department of Job and Family Services, Court of Appeals of Ohio, Eighth District, November 3, 2005, 2005-Ohio-5848.



6. A New Twist: Divorce After Death discusses potential posthumous divorce litigation in light of revised probate laws. The article reports that family law expert Jonathan W. Wolfe, Esq. warns: "If you have a will, it has to be changed immediately. And if you don't have a will, you need to have one ... because you are now [when you are divorcing] in a position in your life where you don't want your separate assets to go to the person you're trying to divorce."



7. Other Resources



8. Return to General Topic Index

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