Lawrence A Friedman’s Answers

Lawrence A Friedman

Bridgewater Elder Law Attorney.

Contributor Level 18
  1. My PI attorney will not appeal the $17,000.00 Medicaid Lien. Can I appeal it and if so, how do I go about it?

    Answered 10 months ago.

    1. Lawrence A Friedman
    2. Christian K. Lassen II
    3. Philip Anthony Fabiano
    4. Samuel Cohen
    5. James P Brady
    5 lawyer answers

    Medicaid is entitled to be paid from a personal injury settlement for Medicaid resulting from the accident not for Medicaid with no relation to the accident. On proof to Medicaid that an expense has nothing to do with the accident Medicaid should take it off. My approach is to have the client review the Medicaid claim and advise me of any charges that don't relate to the accident. I'll then communicate with Medicaid regarding disputed claims. Legally you can do it yourself but it probably...

    14 lawyers agreed with this answer

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  2. I lost elder abuse case against my own daughter regading my property and physical elder abuse due to attorney legal malpractice

    Answered over 1 year ago.

    1. Ajay Mohan Kwatra
    2. George Costas Andriotis
    3. Lawrence A Friedman
    4. Christian K. Lassen II
    5. Michael Leo Potter
    6. ···
    7 lawyer answers

    Malpractice cases typically are done on a contingency basis. Call around and ask about experience. Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in...

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  3. How does the Medicaid look-back rule affect property transferred to adult children?

    Answered about 1 year ago.

    1. Lawrence A Friedman
    2. Denise Leydon Harvey
    3. Clarence Blake West
    4. William Ray Pelger
    4 lawyer answers

    Per federal law, the look back period runs forward 60 months preceding a transfer so gifts 65 months before a Medicaid application are outside the look back period. Consult an elder law attorney because a minor timing error can cause hundreds of thousands of dollars.

    13 lawyers agreed with this answer

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  4. I have tried to obtain a lawyer in Florida to sue a long term acute care facility for negligence/malpractice

    Answered 9 months ago.

    1. Daniel Jon Woodring
    2. Lawrence A Friedman
    3. Philip Anthony Fabiano
    4. Christian K. Lassen II
    5. William Ray Pelger
    6. ···
    7 lawyer answers

    Medical malpractice cases are very expensive to bring. Big bucks are required to pay experts and for investigations. Do you want to lay out thousands of dollars on a questionable case. In addition, there is not point to a suit unless there are substantial potential damages.

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  5. As a NJ resident, can I waive my right to receive more than $25,000 from my late mother-in-law's PA estate and redirect it?

    Answered about 2 years ago.

    1. Lawrence A Friedman
    2. Richard Albert Luthmann
    3. Matthew Erik Johnson
    4. Steven M Zelinger
    4 lawyer answers

    Yes, but you wouldn't accomplish your goal. NJ inheritance tax applies where a decedent was domiciled in NJ. Apparently, you are saying your MIL resided in PA, in which case NJ inheritance wouldn't apply but PA inheritance tax would apply. Even MIL was an NJ resident but had real estate in PA, NJ inheritance tax wouldn't apply to the PA real estate but PA non-resident inheritance tax would apply. To answer your speciofic question, an individual can disclaim an inheritance by following...

    11 lawyers agreed with this answer

  6. Company stock plan Beneficiary who has died. How does the Estate collect this.

    Answered about 2 years ago.

    1. Lawrence A Friedman
    2. James P. Frederick
    3. C L Huddleston III
    3 lawyer answers

    Heir tracing companies scour public records to find these kinds of forgotten assets and then seek a percentage fee. It may be possible to find the asset yourself and avoid the fee. In any case, it certainly can be legitimate. Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law...

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  7. What is the New Jersey estate tax rate?

    Answered over 1 year ago.

    1. Steven M Zelinger
    2. Lawrence A Friedman
    3. Joseph Michael Pankowski Jr
    4. Martin L Bearg
    4 lawyer answers

    The Surrogate's explanation is accurate. NJ estate tax equals the credit that would be allowed for state death tax if the actual decedent property interest are calculated per federal 2001 estate tax return. It would be well worth consulting a trust and estate lawyer because various techniques can help reduce or eliminate NJ estate tax. Also inheritance tax planning may be in order. Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder...

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  8. Parents entitled to settlement as well?

    Answered about 2 years ago.

    1. Lawrence A Friedman
    2. Bret A. Schnitzer
    3. Lisa Michelle Esser
    4. Jeffrey Mark Adams
    5. Daniel Nelson Deasy
    6. ···
    6 lawyer answers

    Causes of action and litigation procedures vary by state so the answer depends where the alleged malpractice took place-- probably at the doctor's offices and/or hospital. Regardless of emotional distress, a mother often has a malpractice claim in case of birth defects. You absolutely, positively MUST consult local lawyers with expertise in medical malpractice and when you do, try to bring the hospital birth records. Oh, and do it ASAP because statutes of limitations may apply to bar stale...

    12 lawyers agreed with this answer

  9. Evicting an abusive son...

    Answered over 1 year ago.

    1. Lawrence A Friedman
    2. Steven Warren Smollens
    3. James P. Frederick
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Your son has no say in whether you can sell your house or a trust can sell a house owned by the trust where he isn't a beneficiary. On the other hand, your son has no obligation to give up rights to block a sale if he has ownership interests or has trust authority. You need to consult an elder law attorney with real estate experience because it is quite possible that you can't sell the home unless your son agrees. When you transfer your home in trust or to kids you give up ownership and...

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  10. Can an executor of a will accept gifts from the estate.?

    Answered 26 days ago.

    1. Peter J Weinman
    2. Lawrence A Friedman
    3. Stephen Richard Markman
    4. V. Jonas Urba
    5. Joseph Michael Pankowski Jr
    6. ···
    6 lawyer answers

    An executor can accept gifts given freely by a competent decedent. Gifts that are proven to result from undue influence, fraud, incompetent decedent, etc. can be recaptured. An elder law attorney consult can explain your options.

    10 lawyers agreed with this answer