*No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the American Bar Association. A description of the standard or methodology used by Super Lawyers can be found here.
Richard Miller is designated as a “Certified Elder Law Attorney” by the National Elder Law Foundation, an organization accredited by the American Bar Association. Richard concentrates his practice in Elder Law, Guardianships, Planning for Individuals with Special Needs, Estate Planning, Asset Protection, Estate Administration and Probate Litigation. Richard provides fiduciary services and serves as Executor and Administrator in complex estate matters. Richard serves as guardian for disabled individuals, Trustee for Supplemental Needs Trusts, and as a Mediator for probate litigation matters.
Richard was the recipient of the New Jersey Judiciary’s 2020 Pro Bono Attorney Recognition Event which recognizes outstanding members of the New Jersey Bar who provide pro bono services which improve the lives of state residents and support the administration on Justice.
Richard is Past-President and a Trustee of the Passaic County Bar Association, and a Court-Approved Mediator. Richard is a frequent lecturer on elder law, government benefit planning and guardianships before professional, community and financial groups.
He has been selected to the New Jersey Super Lawyer list from 2010-2023.* Richard was also the recipient of the 2011 Professional Lawyer of the Year by the Passaic County Bar Association and the New Jersey Commission on Professionalism in the Law, and the 2015 Distinguished practitioner of the Year for Chancery/Probate by the Passaic County Bar Association.
- Passaic County Bar Association, Chair, Elder Law Section
- New Jersey State Bar Association, Member, Elder Law Section, Real Property, Probate and Trust Section
- National Academy of Elder Law Attorneys
- Academy of Special Needs Planners
- Colorado State Bar Association, Member, Elder Law Section and Trusts and Estates Section
New Jersey Super Lawyer list, 2010-2023.*
Professional Lawyer of the Year, 2011
Distinguished practitioner of the Year for Chancery/Probate, 2015
“Selection Process” Super Lawyers, 2024
“Peer Reviewed, Through and Through” Best Lawyers, 2024
“4 Things Advisors Must Know About Beneficiary Designations” Think Advisors, March 13, 2024
“Reality Check: New Jersey Attorney Found His Fascination in Elder Law” Primerus, January 9, 2024
“How Insurers Can Mitigate Their Exposure When It Comes to Beneficiary Designations” Life Insurance News, December 19, 2023
“Guardians Ad Litem- How They Work & How to Get Appointed” NJICLE, September 20, 2023
“Can I avoid the inheritance tax for nieces and nephews?” NJ.com, December 20, 2019
“Aging generation is first to face widespread divorce, remarriage…and may not realize financial consequences” ROI-NJ, February 1, 2019
“Decision Alert: Arla Cahill & Richard Miller, Esqs.” NJ Courts, December 11, 2018
“Lowering an estate’s value before death | Biz Brain” NJ.com, June 23, 2017
“Richard I. Miller Authored Article for CPNJ Winter 2017 Newsletter” Winter 2017
Passaic County Bar Association: “Leaving Legacies Instead of Litigation:
Tips to Stay Out of Court for the Aging Population,” February 23, 2022.
NJICLE: “Guardians Ad Litem – How They Work and How to Get Appointed,” September 29, 2022.
NJSBA Fall Conference: “In re Britney Spears: Guardianship Lessons from this Famous Case,” November 21, 2022.
Proviser‘s “Financial Planning for Families with Special Needs” live webinar: February 23, 2023.
Hot Topics in Elder Law Speaker Series: “Myths and Misconceptions in Estate and Medicaid Planning,” March 8, 2023.
Hot Topics in Elder Law Speaker Series: “Legacies Instead of Litigation – Tips to Stay Out of Court for the Aging Population,” April 18, 2023.
Decision Alert: Arla Cahill & Richard Miller, Esqs. Secure Favorable Decision for Client in Special Needs Trust Case
March 14, 2024
Arla D. Cahill, Esq. and Richard I. Miller, Esq., Partners and Co-Chairs of the Special Needs Practice Group at Mandelbaum Barrett PC, recently won a favorable decision on behalf of the firm’s bank client, which filed a suit in 2021 to modify a special needs trust (SNT) agreement that appointed the bank as a professional […]Elder Law and Special Needs Newsletter: November 2024 Issue
November 5, 2024
The November Elder Law & Special Needs Newsletter is Here! Check out our latest edition! In this issue, our attorneys cover essential topics like Medicare Open Enrollment, which is happening now, and discuss new rules for senior drivers. Plus, get the scoop on the latest firm news and see what our attorneys have been up […]Medicare Open Enrollment: Key Updates and What You Need to Know for 2025
October 15, 2024
Medicare’s open enrollment period is approaching, and it’s the perfect time to review your coverage and consider any changes you may need to make. With new changes on the horizon due to the Inflation Reduction Act (IRA), it’s more important than ever to ensure that your Medicare coverage aligns with your health care needs. Medicare […]Elder Law Alert: IRS Issues Guidance on Exceptions to Early Distribution Penalty from Retirement Plans
October 7, 2024
The Internal Revenue Service (IRS) recently issued guidance on two new exceptions to the tax on early distributions from certain eligible retirement plans. This guidance, outlined in Notice 2024-55 (IR 2024-170, 6/20/2024), addresses changes introduced by the SECURE 2.0 Act of 2022, which amended the rules under Code Sec. 72(t)(2). Early Distribution Penalty Under Code […]License Renewals: Understanding the New Rules for Senior Drivers
September 30, 2024
The Role of Cars in Our Culture In today’s society, cars are a fundamental part of everyday life, serving as the primary mode of transportation for many across the United States. This reliance is particularly significant in areas where other options are limited, making cars a vital link to the outside world. Driving Trends Among […]Elder Law and Special Needs Newsletter: July 2024 Issue
July 18, 2024
Check out our July Elder Law and Special Needs newsletter! 📜 In this issue, our attorneys dive into key topics like the Caregiver Child Exception and New Jersey’s Law for Vehicle Transfer on Death. Don’t miss the International Society of Primerus Law Firms™ Attorney Spotlight on Donald “Donny” A. Dennison, Esq., where he shares his […]New Jersey’s Law for Vehicle Transfer on Death
June 27, 2024
In 2022, New Jersey enacted a new law to simplify the process for vehicle owners to transfer vehicles at death. N.J.S.A. 39:3-30.1b, which became effective on May 9, 2023, authorizes the owner of a car, camper, or motorcycle titled in New Jersey to designate a beneficiary to receive the vehicle upon the owner’s death. This […]Elder Law and Special Needs Newsletter: May 2024 Issue
May 30, 2024
Check out our May Elder Law and Special Needs newsletter! In this issue, our attorneys explore important hot topics including navigating probate litigation in New York as well as possible changes to the Medicaid Payback Rules. We also give updates on the latest happenings around our firm. Stay in the know and empowered with the […]Possible Changes to Medicaid Payback Rules: What’s Ahead?
May 20, 2024
Recent coverage from reputable news sources such as The New York Times and Associated Press has brought renewed attention to the detrimental effects of Medicaid estate recovery on families. Understanding Medicaid: Medicaid is a public assistance program aimed at providing health insurance coverage for Americans with limited means. To qualify, individuals must meet strict income […]Refreshing Your Estate Plan: 5 Steps Post-“Gray” Divorce
May 10, 2024
Gray divorce, or divorce among older adults, is becoming increasingly common. This demographic trend reflects societal changes, including reduced stigma around divorce and increased financial independence for women. However, divorce later in life can have significant financial implications, particularly for women, and may impact retirement plans and long-term care considerations. One key aspect affected by […]SSI Alert: Free Food No Longer Counted as Income
May 6, 2024
What is SSI? SSI is a government program that provides monthly payments to adults and children who have income and resources below specific financial limits and who meet one of the following criteria: Resource and Income Limitations Recipients must have limited income and limited resources. If one qualifies, they can receive benefits up to $943 […]Decoding ‘Fisk’: Season 2, Episode 2 – A Legal Lens on Elder Law
April 19, 2024
Mandelbaum Barrett PC Elder Law attorneys, Richard Miller, Esq., and Shawna Brown, Esq., have embarked on a fresh venture—a mini vlog series. In this series, they dissect and explore the intricacies of the second season of Netflix’s “Fisk,” a humorous portrayal of a day in the life of a probate attorney. With a blend of […]Elder Law and Special Needs Newsletter: April 2024 Issue
April 15, 2024
Check out our April Elder Law and Special Needs newsletter! Our legal team explores important topics including beneficiary designations and the recent updates to the Medicaid divisor, which came into effect this month. We also give updates on the latest happenings around our firm. Stay in the know and empowered with the freshest insights from […]Decoding ‘Fisk’: Season 2, Episode 1 – A Legal Lens on Elder Law
April 10, 2024
Mandelbaum Barrett PC Elder Law attorneys, Richard Miller, Esq., and Shawna Brown, Esq., have embarked on a fresh venture—a mini vlog series. In this series, they dissect and explore the intricacies of the second season of Netflix’s “Fisk,” a humorous portrayal of a day in the life of a probate attorney. With a blend of […]The Importance of Charitable Beneficiary Planning: Lessons from the Matter of the Estate of Heinecke
April 5, 2024
The recent Appellate Division decision, In the Matter of the Estate of Heinecke, serves as an important warning to those who have named charitable organizations as beneficiaries in their Last Will and Testament. The case also illustrates the applicability of the legal doctrine known as Cy Pres. Understanding Cy Pres Doctrine: Cy Pres is an […]Medicaid Alert: Changes to Medicaid’s Penalty Divisor Effective April 1, 2024
April 1, 2024
Beginning April 1, 2024, the State of New Jersey will increase the Medicaid penalty divisor to $440.10 per day, as compared to the previous penalty divisor of $384.57 in 2023. See Medicaid Communication No. 24-03. The Medicaid divisor is used to determine the period of ineligibility for individuals and couples who have transferred assets for […]Elder Law Day Recap
April 1, 2024
Thank you all who joined us for our first-ever Elder Law Day! Our event proved to be incredibly rewarding, encouraging both learning and networking among our attendees. A heartfelt appreciation goes to our speakers for sharing their expertise, perspectives, and delightful anecdotes. Take a look at some highlights of our event and what some of […]Understanding Estate Planning: Are Wills Public Record? – Your Questions Answered
March 14, 2024
Exploring the Visibility of Wills: Understanding Public Record in Estate Planning Wills serve as vital documents outlining the distribution of finances, possessions, and property after an individual’s passing. It’s common to wonder about the accessibility of this information and whether it falls under public record. Upon entering probate, a will becomes part of the public […]Advantage Alert: How to Navigate Open Enrollment for Medicare Advantage Plans
March 8, 2024
Open enrollment for Medicare Advantage Plans will run from January 1, 2024 to March 31, 2024, giving members the option to switch plans or move back to Original Medicare. Understanding Medicare Advantage Plans Medicare Advantage Plans, sometimes known as “Part C” or “MA Plans,” are offered by private companies approved by Medicare. The two most […]New Jersey Inheritance Tax and Stepchildren: Once a Stepchild, Always a Stepchild
March 7, 2024
Understanding New Jersey’s Inheritance Tax New Jersey remains one of the few States that imposes an inheritance tax. The inheritance tax is not based on the size of the estate, but who receives the estate. There is no inheritance tax imposed on transfers to a parent, grandparent, spouse, domestic partner, child or stepchild (Class “A” […]A Message for New Jersey Seniors: Senior Freeze Program Applications Are En Route
February 22, 2024
On February 12, 2024, the State of New Jersey began sending applications for The Senior Freeze Program to eligible senior citizens. The Senior Freeze Program reimburses eligible senior citizens and disabled individuals for property tax increases on their principal residence, meaning the home you own and continually occupy as your permanent residence. Reimbursements are […]Mastering the Probate Maze: A Roadmap for New Jersey Estates
February 20, 2024
Losing a loved one is an emotional and challenging experience, and dealing with the legalities of their estate can add another layer of complexity. In New Jersey, the probate process is the legal procedure through which a deceased person’s assets are distributed and their final affairs are settled. Understanding this process is crucial for both […]Elder Law and Special Needs Newsletter: February 2024 Issue
February 16, 2024
Our February Elder Law and Special Needs newsletter is now available! In this issue, our attorneys delve into timely topics such as recent legislative developments in New Jersey. Specifically, we explore new laws designed to support drivers with Autism, as well as initiatives establishing “Presumptive Eligibility” under Medicaid’s Home and Community-Based Services Waiver Program. Stay […]Driving Inclusively: The New Law Benefiting Autistic Drivers in New Jersey
January 15, 2024
In 2024, autistic motorists in New Jersey, as well as their parents/Guardians, will be able to request that their autism diagnoses be notated on their driver’s license. This notation will appear as a code in the “restrictions” column of the driver’s license. This new law, originally passed in May of 2023, is intended to alert […]A New Year’s Upgrade to Prescription Benefits for the Elderly and Disabled
January 8, 2024
New Jersey has several programs to assist seniors with the costs of their prescription medications. For instance, the Pharmaceutical Assistance to the Aged and Disabled (PAAD) Program, created in 1975, provides prescription medications for low-income elderly and disabled persons at reduced cost. Senior Gold, created in 2001, offers prescription benefits to seniors whose earnings exceed […]Elder Law and Special Needs Newsletter: January 2024 Issue
January 3, 2024
ICYMI: The January issue of our Elder Law and Special Needs newsletter is hot off the press today! In this issue, our attorneys cover industry hot topics including Richard Miller’s recent article in Insurance NewsNet discussing beneficiary designations. Read the full newsletter here.Remote Witnessing: The Shifting Legal Landscape for Health Care Proxies and Wills
December 19, 2023
A health care agent is the person you designate to make medical decisions on your behalf in the event you are unable to make such decisions yourself. Appointing a trusted friend or family member as your agent ensures your health care providers follow your wishes. For example, a Health Care Proxy can authorize the implementation […]Elder Law and Special Needs Newsletter: November 2023 Issue
November 28, 2023
ICYMI: The November issue of our Elder Law and Special Needs newsletter is hot off the press today! In this issue, our attorneys cover industry hot topics including the upcoming Medicare Open Enrollment deadline, the story behind Michael Oher conservatorship and ways to save time by using the Social Security website. Read the full newsletter […]Your Health, Your Choice: A Guide to Medicare Open Enrollment
November 7, 2023
The Medicare open enrollment period runs through December 7th, 2023. Medicare adjusts costs, coverage, and accepted providers on an annual basis. If you have received “Evidence of Coverage,” or an “Annual Notice of Change,” from Medicare, now is the time to review your coverage, and, if necessary, make changes to your Medicare healthcare plan to better […]Elder Law and Special Needs Newsletter – October 2023 Issue
October 3, 2023
Don’t miss the October issue of our Elder Law and Special Needs newsletter. This month’s features include new vlogs and articles discussing industry hot topics. Elder Law Chair, Richard Miller, Esq. even has a Netflix show recommendation included in this issue! Read the full newsletter here.No Need to Be Insecure About Your Retirement Plan: A Guide to SECURE Act 2.0
October 2, 2023
In July of 2019, the Setting Every Community Up for Retirement Enhancement Act, also known as the SECURE Act, changed the rules pertaining to 401(k), Roth, IRA, and other retirement savings plans. In December of 2022, the updated SECURE Act 2.0 was signed into law, supplementing the 2019 Act. Before delving into the recent changes […]Have You Ever Wondered What a Day in the Life of an Elder Law and Probate Litigation Attorney is Like?
September 26, 2023
Richard Miller, Esq., Chair of the Elder Law practice group at Mandelbaum Barrett PC has a Netflix recommendation for “Fisk”. Richard describes it as a “typical Thursday” in his practice! Check it out and let us know what you think.What Are the Drawbacks of Naming Beneficiaries?
September 8, 2023
Although in many situations the advantages outweigh the disadvantages when selecting beneficiaries, there are always exceptions. What Is a Beneficiary? Beneficiaries are individuals who you select to receive money, various other assets, or specific bequests (such as sentimental items) upon your death. You can name these individuals in estate planning documents such as a will. […]Elder Law and Special Needs Newsletter: August 2023 Issue
August 29, 2023
Don’t miss the August issue of our Elder Law and Special Needs newsletter. This month, our attorneys have rolled out their new vlogs to discuss industry hot topics, along with a corresponding article. We have also started a new “Meet our Team” spotlight and this month’s feature is our practice group coordinator, Mariah Hernandez. Read […]Responsibilities of a Special Needs Trust Trustee
July 31, 2023
For individuals with disabilities, an inheritance or settlement can jeopardize a their government benefits, such as Medicaid and Supplemental Security Income (SSI). A special needs trust (SNT) can help the individual remain eligible for these benefits while ensuring they have additional financial support. What Is a Special Needs Trust? A special needs trust (SNT) is a type of trust […]Elder Law and Special Needs Newsletter: July 2023 Issue
July 14, 2023
The Elder Law and Special Needs Practice Groups at Mandelbaum Barrett PC are pleased to bring you their July newsletter. In this issue, our attorneys cover the Aretha Franklin estate trial and verdict, estate planning Q&A, as well as consequences of not using a Medicare Set-Aside account and the latest happenings in our department. Read […]Do You Need a Trust?: Estate Planning Q&A
July 6, 2023
According to the 2023 Wills and Estate Planning Survey by Caring.com, only 34 percent of Americans have an estate plan. The primary reasons respondents gave for not participating in estate planning are: An estate plan is a comprehensive set of legal documents and strategies that organizes assets for a person’s death or disability. Trusts are legal arrangements […]Elder Law and Special Needs Newsletter – June 2023 Issue
June 9, 2023
Our Elder Law and Special Needs attorneys are pleased to present their June newsletter. Check it out for articles on Hot Topics including why you don’t want to wait until you’re sick to create an estate plan. It also highlights our team’s recent and upcoming events and presentations. Read the full newsletter here.How to Become a Legal Guardian in New Jersey
March 20, 2023
Becoming a legal guardian in New Jersey can be a complex and time-consuming process, but it can also be a rewarding experience for those dedicated to providing care and support to individuals who are unable to make decisions for themselves. When Guardianship Becomes Necessary In New Jersey, guardianship may become necessary when an individual cannot […]Mandelbaum Barrett PC Elder Law and Special Needs Newsletter: February 2023 Issue
February 27, 2023
The Elder Law and Special Needs Departments at Mandelbaum Barrett PC are pleased to bring you our February newsletter in its new and improved format. Check out the Hot Topics and industry events our team has been busy with. As always, we would love to hear your feedback! Read the full newsletter here.Trouble in Graceland
February 13, 2023
One month after the sudden passing of Lisa Marie Presley, a dispute over who should control her estate has cast a cloud over Graceland. Lisa Marie Presley was the only child of Rock ‘N Roll legend, Elvis Presley, and his ex-wife, Priscilla Presley. Elvis’ Will left his estate to his father, Vernon Presley, his grandmother, […]Section 8 Housing Choice Voucher Program Enrollment
January 6, 2023
The New Jersey Department of Community Affairs (DCA) will soon begin accepting pre-applications for the Section 8 Housing Choice Voucher (HCV) Program. The enrollment period will run from Tuesday, January 17th, 2023 at 9am until Friday, February 3rd, 2023 at 5pm. This is a federally funded program to provide housing subsidies to New Jersey residents in order […]Elder Law and Special Needs Newsletter: January 2023 Issue
January 5, 2023
In the January issue of our Elder Law and Special Needs Newsletter, our attorneys share some of their recent articles on industry hot topics, such as “5 Reasons for Seniors to Celebrate in 2023.” We also highlight recent and upcoming events including our Elder Law Team (Richard Miller, Esq., Jason Marx, Esq., Shawna Kirchner Brown, Esq., Donald “Donny” […]Medicare Open Enrollment Reminder
December 1, 2022
The Medicare open enrollment period runs through December 7th, 2022. Medicare adjusts costs, coverage, and accepted providers on an annual basis. If you have received “Evidence of Coverage,” or an “Annual Notice of Change,” from Medicare, now is the time to review your coverage, and, if necessary, make changes to your Medicare healthcare plan to […]What You Should Know About Nursing Home Admissions Contracts
October 5, 2022
They cannot require you to be financially responsible for your loved one’s care. Approximately 48 million adults in the U.S. are caring for an adult with health or functional limitations, and nearly one in six is adults is caring for someone aged 50 or older through illness or disability.[1] Nursing homes and residential care facilities […]What to Do If Your Medicaid Application Is Denied
June 17, 2022
If you apply for long-term care assistance through Medicaid in New Jersey and your application is denied, the situation may seem hopeless. The good news is that you can appeal the decision. Medicaid is a program for individuals with minimal resources, so it has strict asset eligibility requirements. Qualifying for Medicaid requires navigating the complicated […]Elder Law Analysis: Creditor Claims in New Jersey
January 31, 2022
To enforce any property claim it is necessary for a personal representative of the estate to be appointed. Absent a personal representative there is no one to formally notice or enforce the claim against if the judgment is pursued.You Can ‘Cure' a Medicaid Penalty by Returning a Gift
January 20, 2022
In general, a New Jersey resident is eligible for Medicaid if his assets do not exceed the State's resource limit. However, an applicant cannot simply give money away to bring himself under the limit. He will be subject to a Medicaid penalty if he gives or transfers assets to others within five years of applying for Medicaid. The penalty is a period of time the applicant is ineligible for Medicaid and is determined by dividing the amount transferred by what Medicaid determines to be the average monthly cost of a New Jersey nursing home. The current divisor in New Jersey for the purpose of calculating a Medicaid penalty is $361.20 per day.How to Use Intrafamily Loans as Part of Your Estate Plan
October 18, 2021
When interest rates are low, intrafamily loans can be a good way to assist a relative (typically a child) with purchasing a house or a family business, and in certain circumstances they can be used to gift money to the next generation.Passing on Assets Outside of Probate: PODs and TODs
October 13, 2021
For a variety of reasons, people sometimes want some or all of their assets to pass directly to specific individuals upon their deaths, outside of probate. One way to accomplish this is to set up a "payable on death" (POD) account for money in a bank account or a "transfer on death" (TOD) account if funds are in a brokerage account.Supreme Court to Hear Case That Could Increase the Bite That Medicaid Takes Out of Settlements
October 11, 2021
The U.S. Supreme Court has agreed to hear a case disputing how much states can recoup from Medicaid recipients' settlements in personal injury cases. The decision has the potential to affect anyone who receives government assistance with their medical care following a disabling injury that results in a lawsuit.Do You Need a Lawyer to Write a Will?
October 8, 2021
A will is a legal document that directs who will receive your property when you die. The legal requirements are pretty simple. In order for your will to be valid, you must know what property you have and what it means to leave it to someone, then sign the document and have it witnessed according to the laws of your state.The Perils and Pitfalls of Do-It-Yourself Special Needs Planning
October 7, 2021
Among the costs of caring for a dependent with special needs are the fees for professional advice. Some families are tempted to save on these costs by setting up a plan on their own.Make Sure Your Estate Plan and Other Essential Documents Are Safe from Disasters
October 5, 2021
It's an unfortunate reality that with the increasing number of natural disasters across the country, including fires, floods, and hurricanes, the chance that you could lose your house and possessions has become more likely. In the event of such a calamity, it is important that your estate planning and other important documents are beyond reach and easily retrievable.Pandemic Payments Now Won't Affect SSI Benefits or Eligibility at All
September 22, 2021
Pandemic-related financial assistance will no longer affect an individual's eligibility for Supplemental Security Income (SSI) or the benefit amount, the Social Security Administration (SSA) has announced. The assistance includes a long list of pandemic payments, ranging from COVID-19 relief checks to state unemployment assistance.Leaving an IRA to a Special Needs Trust Is No Longer Such a Bad Idea
September 16, 2021
The SECURE Act, passed at the end of 2019, changed a number of rules regarding inherited IRAs, making it more difficult for most beneficiaries to save on taxes by "stretching" distributions over many years. However, an exception to the new rules potentially changes advice that special needs planners often give clients.Never Say Never: Navigating the Appeals Process if You've Been Denied Social Security Disability Benefits
September 7, 2021
The United States has two federal government benefits programs to help people with disabilities: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).Fact or Fiction: I Know This Much Is True
May 3, 2021
HBO's I Know This Much Is True chronicles the lives of identical twins Dominick and Thomas Birdsey, both played by Mark Ruffalo.Fact or Fiction: Reviewing 2021 Golden Globe Nominated Films about Elder Law and Special Needs Issues
March 12, 2021
March 12, 2021 By Richard I. Miller This year’s Golden Globe nominees included four films that directly relate to the issues handled by our elder law and special needs attorneys. In the coming weeks we will discuss each film, and analyze whether the facts, storylines and legal issues they present are realistic, or pure fiction. […]What Can a Special Needs Trust Pay For?
February 16, 2021
February 16, 2021 By Richard I. Miller A special needs trust is designed to provide a person with a disability the funds to enhance her quality of life while at the same time allowing her to remain eligible for needs-based public benefits. Government programs like Medicaid and Supplemental Security Income (SSI) provide essentials, such as […]What's in a Name: Why the Title on Your Financial Accounts Matter
February 10, 2021
A name often defines who we are and sometimes, even, who we become. The same is true for the name on your financial accounts. One of the biggest myths and misconceptions of estate planning is that a Will controls the disposition of all assets at death. This is not the case and could lead to […]A Primer On New Jersey's Court Rules for Guardianships
February 9, 2021
In New Jersey, a child is considered an emancipated person at age 18, irrespective of the severity of disability. As a result, parents of special needs children no longer have the legal right to make medical, legal, financial or personal decisions for children over age 18 even if the child is unable to do so him or herself. Parents often must be appointed guardian for their disabled child to acquire the legal authority to oversee and assist with the child's affairs.Should a Special Needs Trust Buy a Home for a Beneficiary?
February 1, 2021
February 1, 2021 By Richard I. Miller For some people with disabilities, homeownership may present a uniquely empowering opportunity. But for many others, purchasing a home through a special needs trust may be in the beneficiary’s best interests. Homeownership comes with many pitfalls and responsibilities. Buying a home through a special needs trust, rather than […]Should Medicaid Beneficiaries Worry About Their COVID-19 Stimulus Payments Counting as Income?
January 25, 2021
On December 27, 2020, Congress passed the Coronavirus Response and Relief Supplemental Appropriations Act of 2021, an economic relief bill intended to help offset the financial crisis caused by COVID-19. This act includes a round of $600 stimulus checks for a large number of Americans, including many Medicaid recipients and applicants who are concerned about […]Special Needs Trusts: One Size Does Not Fit All
November 2, 2020
By Richard I. Miller November 2020 Special Needs Trusts enable funds to be set aside for individuals with a disability without disqualifying a beneficiary from government benefits such as SSI and Medicaid. To qualify for SSI and Medicaid, an individual’s resources cannot exceed $2,000. A properly designed Special Needs Trust will supplement public benefits without […]How To Contest a Will in New Jersey
February 27, 2020
A will directs how one’s estate should be distributed after a person passes away. Ordinarily, a will is admitted to probate and the wishes of the decedent are followed without issue. However, there are occasions where the validity of the will is questioned by family members or potential beneficiaries. A will contest is a formal […]How to Become a Legal Guardian in New Jersey
February 5, 2020
When a loved one loses the ability to make informed and reasonable decisions, pursuing a guardianship may become necessary. A guardianship appoints one or more individuals to handle the affairs of another. Guardianship requires a court proceeding and ongoing judicial oversight. The guardianship process begins by obtaining a report from two doctors who examine the alleged incapacitated […]Small Estate Threshold Raised in New York
January 22, 2020
Probate and administration proceedings in New York State can be time-consuming and costly, but New York law allows for a simplified proceeding called voluntary administration for small estates with a value below a certain threshold. Recently, the threshold was expanded from estates valued at less than $30,000 to include all estates under $50,000. Voluntary administration […]Are Self-Driving Automobiles the Future for the Elderly and Disabled?
November 11, 2019
I was recently in the market for a new car. A number of my friends purchased a Tesla so I decided to go for a test drive to see what all the hype is about. Out of curiosity, I asked the sales rep what segment of the population is buying Teslas. Besides environmentalists and techno geeks, the […]Five Considerations in Choosing a Special Needs Trustee
February 1, 2018
February 1, 2018 By Richard I. Miller Choosing the right person to serve as trustee of a special needs trust is one of the most important and difficult issues in creating the trust. A trustee typically manages the day-to-day operations of the trust, often making distributions to the trust’s beneficiary, investing the trust’s assets, and […]Richard Miller Answers NJ.com "Biz Brain" Question on the Inheritance Tax in New Jersey
June 21, 2017
Richard Miller, Chair of the Firm's Elder Law Department, is featured in the June 21, 2017 nj.com "Biz Brain" section where he answers a readers question on the inheritance tax.Richard Miller and Dan Stone Contribute to PLAN NJ Fall 2024 Newsletter on Key SSI Policy Updates
November 12, 2024
Richard Miller, Esq., Chair of the Elder Law Practice Group, and Dan Stone, Esq., Associate at Mandelbaum Barrett PC, are honored to have contributed to the Planned Lifetime Assistance Network of New Jersey, Inc. Fall 2024 newsletter. In their article, “Recent Changes to the SSI In-Kind Support Rules,” they delve into important updates impacting SSI […]Richard Miller and Shawna Brown Join NJICLE Panel on Guardians Ad Litem
September 13, 2024
On September 23rd, Richard Miller, Esq., Chair, and Shawna Kirchner Brown, Esq., Counsel in the Elder Law Practice Group at Mandelbaum Barrett PC, will be part of an online CLE panel of industry thought leaders for the New Jersey State Bar Association, discussing the critical role of Guardians Ad Litem (GAL). This informative seminar covers […]18 of our attorneys have been selected for the 2024 New Jersey Super Lawyers® list, and 5 were named to the 2024 New Jersey Rising Stars® list.
March 25, 2024
Mandelbaum Barrett PC is delighted to share that 18 of our attorneys have been selected for the 2024 New Jersey Super Lawyers® list, and 5 were named to the 2024 New Jersey Rising Stars® list. We are proud to work alongside such an exceptional team. Special shout out to Andy R. Bronsnick for making the Top […]Richard Miller authors article for Think Advisor titled “4 Things Advisors Must Know About Beneficiary Designations”
March 20, 2024
“Many people believe that a will controls the disposition of all of one’s assets at death. This is not so.” Richard Miller, Esq., Chair of the Elder Law Practice Group at Mandelbaum Barrett PC, explores crucial insights for Financial Advisors in a recent Think Advisor article discussing beneficiary designations. Richard emphasizes four critical points: Read […]Mandelbaum Barrett PC to Host 1st Annual Elder Law Day
February 12, 2024
The Elder Law Practice Group at Mandelbaum Barrett PC will be hosting our 1st Annual Elder Law Day at the Park Avenue Club in Florham Park, NJ on Friday, March 22nd from 8:30am until noon. Elder Law Day aims to empower individuals involved in caring for and assisting the elderly and disabled, whether they are […]Richard Miller, Esq. spotlighted in Primerus Weekly
January 10, 2024
“When you’re talking about wills and estates and people who are sick and need guardians or are disabled, you’re seeing people at their most raw, who need the most help,” says Richard Miller, Esq. who heads up the Elder Law Department at Mandelbaum Barrett PC. “Sometimes you see the good, the bad, and the ugly.” […]Richard Miller, Esq. authors article for Insurance Newsnet titled “How insurers can mitigate their exposure when it comes to beneficiary designations”
December 19, 2023
“One of the biggest myths and misconceptions of estate planning is that a will controls the disposition of all one’s assets at death. This is not the case. Failing to distinguish the difference between probate and non-probate assets could lead to unintended and costly consequences not only for the person who owns the asset, but […]Richard Miller and Shawna Brown to speak on NJICLE panel discussing “Guardians Ad Litem- How They Work & How to Get Appointed”
August 23, 2023
On September 20th, 2023, Richard Miller, Esq., Chair of Elder Law and Co-Chair of Special Needs and Shawna Brown, Esq., Counsel in the Elder Law and Special Needs Practice Groups at Mandelbaum Barrett PC will join a distinguished panel of Judges and practitioners for an NJICLE CLE webinar to share real world scenarios that give […]22 Attorneys Named to 2024 Best Lawyers List
August 17, 2023
Mandelbaum Barrett PC is proud to announce that 22 lawyers were recognized to the 2024 Best Lawyers list. At Mandelbaum Barrett PC, we have always strived for excellence and have consistently sought to uphold the highest standards of legal practice. This recognition serves as a reminder of our ongoing mission to provide unparalleled legal representation […]Richard Miller, Esq. to present on NJICLE live webinar titled “Guardianships in 2023: The Basics and Beyond”
June 9, 2023
Richard Miller, Esq., Chair of Elder Law and Co-Chair of Special Needs at Mandelbaum Barrett PC will be presenting at the New Jersey State Bar Association‘s Live CLE Webcast on June 30th titled “Guardianships in 2023: The Basics and Beyond.” This seminar will provide a brief overview of the basics of guardianships of the person […]21 Mandelbaum Barrett PC Attorneys Named to 2023 New Jersey Super Lawyers Lists
May 11, 2023
Congratulations to the Mandelbaum Barrett PC attorneys selected to the New Jersey Super Lawyers & Rising Stars lists that were just announced today. We think our team is pretty super too! Learn more about this award and the methodology used by Thomson Reuters here. No aspect of this award or advertisement has been approved by […]Mandelbaum Barrett PC Special Needs attorneys to present “Planning for Families with Special Needs Children”
April 26, 2023
Working with parents and caregivers of children with special needs daily, we understand the importance of considering your child’s future and we have created a seminar just for you. We want to help you understand the process to ensure that you have a plan in place so that your child will continue to receive the […]The Elder Law Attorneys at Mandelbaum Barrett PC will present “Legacies Instead of Litigation” on April 18th
March 20, 2023
Our Elder Law Team will be presenting “Legacies Instead of Litigation” on April 18th at 8am at 3 Becker Farm Road in Roseland. You can attend in-person or via zoom and a light breakfast will be served. “Legacies Instead of Litigation – Tips to Stay Out of Court for the Aging Population.” The modern American […]Richard I. Miller to be a Guest Speaker for Proviser’s “Financial Planning for Families with Special Needs” Live Webinar
February 16, 2023
Mandelbaum Barrett PC Elder Law Chair Richard Miller, Esq. will be joining Vincent M. Blazewicz and Jill VanNostrand as a guest speaker for Proviser‘s “Financial Planning for Families with Special Needs” live webinar on February 23rd at 6pm. Topics covered will include ABLE accounts, beneficiary designations, life and disability insurance and estate planning.The Elder Law Attorneys at Mandelbaum Barrett PC to Present a “Hot Topics in Elder Law” Speaker Series Starting in March
January 31, 2023
The Elder Law Attorneys at Mandelbaum Barrett PC is excited to announce our new “Hot Topics in Elder Law” Speaker Series starting March 8th at 6pm at our Roseland campus. The topic for March will be “Myths and Misconceptions in Estate and Medicaid Planning.” Please contact kdavey@mblawfirm.com or (973)243-7969 for more details and to register. […]Richard I. Miller and Donald Dennison interviewed for ROI-NJ article titled “No small matter: Business owners can face unique planning challenges, elder law expert says”
January 12, 2023
Mandelbaum Barrett PC Elder Law Chair, Richard I. Miller, Esq. was recently interviewed for the January 11, 2023 issue of ROI-NJ discussing the challenges for small business owners in terms of long-term care planning. He also addressed the issues for business owners and their spouses to qualify for Medicaid which is often needed to pay […]The Elder Law attorneys at Mandelbaum Barrett PC to present Estate Planning seminar at Arbor Terrace Roseland titled “7 Biggest Estate Planning and Asset Preservation Myths”
December 20, 2022
The Elder Law attorneys at Mandelbaum Barrett PC are pleased to be presenting an Estate Planning Seminar to the families of Arbor Terrace in Roseland, NJ, sponsored by TheKey, on January 11th, 2023. Moderated by Elder Law Chair Richard Miller, Esq., attorneys Jason Marx, Esq., Shawna Kirchner Brown, Esq., Donald “Donny” A. Dennison, Esq. and Jacqueline Yarmo, Esq. will discuss the […]Richard I. Miller to be part of panel at NJSBA Fall Conference on November 21st, 2022
November 21, 2022
Mandelbaum Barrett PC Elder Law Chair, Richard Miller, Esq. will be part of a panel of industry thought leaders presenting at the New Jersey State Bar Association Fall Conference this afternoon from 3:50 to 4:30pm. The online CLE is titled “In re Britney Spears: Guardianship Lessons from this Famous Case.”Richard Miller, Esq. and Shawna Kirchner Brown, Esq. will join a panel of distinguished judges and legal professionals for a NJICLE seminar
August 30, 2022
Mandelbaum Barrett PC Elder Law Chair Richard Miller, Esq. and Associate Shawna Kirchner Brown, Esq. will join a panel of distinguished judges and legal professionals for a New Jersey Institute for Continuing Legal Education on September 29th at the New Jersey Law Center in New Brunswick. “Guardians Ad Litem – How They Work and How to Get Appointed” will take a […]Mandelbaum Barrett PC Elder Law Chair Richard Miller, Esq. discussed how COVID has compounded the rise in estate litigation in blended families in an interview with ROI-NJ.
April 8, 2022
While no one can control complications that the pandemic brings, Mr. Miller said a lot of trouble could be avoided by people having an estate plan that contemplates the entirety of their family situation. https://bit.ly/3ungtDTMandelbaum Barrett PC is pleased to announce that fourteen of our attorneys have been selected by their peers to the New Jersey Super Lawyers List* for 2022.
March 17, 2022
Steven Adler, Michael Bevacqua, Andrew Bronsnick (**10th year as Super Lawyer and on the Top 100 list), Arla D. Cahill, David Carton, Damian Conforti, Doug Eilender, Raj Gadhok, Arthur Grossman, Barry Mandelbaum, Richard Miller, Michael Saffer, Robert C. Scrivo, Lynne Strober. In addition, the Firm is excited to announce that four of our attorneys were named to the Rising Stars list for 2022, which recognizes the top up-and-coming […]Richard Miller, Donald Dennison and Shawna Brown to present to the Passaic County Bar Association
February 9, 2022
The modern American family has undergone drastic changes during the last two generations. Now more than ever before, second or third marriages, each with their own children, unmarried significant others and caregivers who have served as quasi-family members for aging or disabled individuals are becoming more prevalent. As the concept of the American family evolves, so should our approach to effective estate planning counseling.Richard Miller Honored at New Jersey Judiciary's 2020 Pro Bono Attorney Recognition Event
October 29, 2020
Richard Miller was honored at the New Jersey Judiciary’s 2020 Pro Bono Attorney Recognition Event, hosted by Chief Justice Stuart Rabner. This annual event recognizes outstanding members of the New Jersey Bar who provide pro bono services which improve the lives of state residents and support the administration of justice. In the past year, Richard […]Richard Miller and Shawn Brown Presented on NJSBA Webinar on Guardians Ad Litem
September 22, 2020
Richard Miller and Shawna Brown joined a distinguished panel of New Jersey judges and attorneys in the live webinar "Guardians Ad Litem: How They Work and How to Get Appointed," hosted by the New Jersey State Bar Association.Richard Miller Answers a NJ.com Readers Question on Inheritance Tax
December 26, 2019
Richard I. Miller answered a NJ.com readers question on "Can I avoid the inheritance tax for nieces and nephews?" Read what Richard had to say here.Join Us For Our 7th Annual Tax, Trusts & Estate Planning Forum
November 7, 2019
We will be discussing timely developments in Estate and Federal Taxation at this 1.5 CE accredited program for CPAs and CFPs. To RSVP, please contact Laure Lynch at 973.243.7951 or llynch@lawfirm.ms.Mandelbaum Barrett PC's March 2019 Special Needs Newsletter
March 21, 2019
Mandelbaum Barrett PC's March Special Needs Newsletter is now available. In this issue you can read about what a special needs trust can pay for and kiddie tax changes. If you have any questions, please do not hesitate to contact Practice Group Co-Chair's Richard Miller or Arla D. Cahill. Click here to read this month's issue.Mandelbaum Barrett PC's March 2019 Elder Law Alert
March 5, 2019
Mandelbaum Barrett PC's March Elder Law Newsletter is now available. This month's issue discusses paid family caregivers through Medicaid, protecting your house after you move into a nursing home, and more. Click here to read this month's issue.Mandelbaum Barrett PC's February 2019 Special Needs Newsletter
February 20, 2019
Mandelbaum Barrett PC's February Special Needs Newsletter is now available. In this issue you can read about ABLE accounts, a difficult question parents of adult children with disabilities face, and more. If you have any questions, please don't hesitate to contact Practice Group Co-Chair's Richard Miller or Arla D. Cahill. Read more here.Mandelbaum Barrett PC's February 2019 Elder Law Alert
February 11, 2019
Mandelbaum Barrett PC's February Elder Law Newsletter is now available. This month's issue discusses Medicaid home care, costs of new long-term care insurance policies, and more. Click here to read this month's issue.Richard Miller Spoke with ROI-NJ on Divorce and Remarriage Among the Aging Generation
February 1, 2019
Elder Law Chair Richard Miller spoke with ROI-NJ on divorce and remarriage among the aging generation and the financial consequences. Click here to read more.Mandelbaum Barrett PC's January 2019 Special Needs Newsletter
January 14, 2019
Mandelbaum Barrett PC's January Special Needs Newsletter is now available. In this issue you can read about Pooled Trusts and home-ownership for individuals with disabilities. If you have any questions, please don't hesitate to contact Practice Group Co-Chair's Richard Miller or Arla D. Cahill.Mandelbaum Barrett PC's January 2019 Elder Law Alert
January 7, 2019
The January Elder Law Newsletter is now available. In this issue you can read about Medicare Part B, Understanding Medicare's Hospice Benefit, and more. Click here to read this month's issue.November Special Needs Newsletter
November 7, 2018
Our November Special Needs newsletter is now available. This month you will learn about who can set up ABLE accounts, the rise of social security payments in 2019 and more. For any questions you have regarding these and other special needs issues, contact Co-Chair Richard Miller. Click here to read this month's issue.Mandelbaum Barrett PC's September 2018 Elder Law Alert
September 24, 2018
Check out our latest Elder Law alert that deals with a recent change to VA benefit rules by the VA. Click here to read more.Richard Miller Spoke at Brightview Senior Living
September 5, 2018
Richard Miller, Chair of Mandelbaum Barrett PC's Elder Law Practice Group presented on September 5, 2018, to seniors at Brightview Senior Living in Randolph about "The Myths and Misconceptions of Elder Care Planning."Richard Miller Answered a Star Ledger Readers Question on the Importance of Having a Will
July 30, 2018
Richard Miller, Chair of the Firm's Elder Law Practice and a Certified Elder Law attorney, recently answered a Star Ledger reader's question on the importance of having a will.Mandelbaum Barrett PC Opens Office in Denver Colorado
January 25, 2018
We are proud to announce the opening of our newest location! We are excited and look forward to expanding our legal service offerings to the Colorado community.Richard Miller answers NJ.COM Biz Brain Reader's Question on New Jersey Inheritance Tax and the new Governor
October 11, 2017
Richard Miller, the Firm's Elder Law Practice Group Chair and Co-Chair of its Special Needs Practice Group, was recently asked by nj.com to answer a reader's question on New Jersey's Inheritance Tax and his thoughts on what the new Governor will do. Read Richard's response here: https://lnkd.in/epeAwEiRichard Miller to Speak at NJICLE Program on "Handling Contested Guardianships"
September 22, 2017
On Thursday October 5th Richard Miller, Chair of the Firm's Elder Law Practice Group and Co-Chair of its Special Needs Practice Group will be presenting as part of a panel on "Handling Contested Guardianships"at the New Jersey Law Center. This NJICLE course will cover what to do when the matter unavoidably ends up in a courtroom. Attorneys can learn tools to effectively represent their clients and learn about the latest cases dealing with guardianships and what the holdings mean to you!Richard Miller answers NJ.Com "Biz Brain" question on Lowering an Estates Value Before Death
June 23, 2017
Richard Miller, Chair of the Firm's Elder Law Department, was featured in today's Nj.com "Biz Brain" section answering a readers question on lowering an estate's value before death. To read the full question and Richard's answer, click here.Richard I. Miller Authored Article For CPNJ Winter 2017 Newsletter
January 12, 2017
Richard I. Miller, Co-Chair of the Firm’s Special Needs Practice, authored an article for the Winter 2017 issue of "Independent" a newsletter of Cerebral Palsy of North Jersey (CPNJ). The article, entitled "Recent Developments in Planning for Individuals with Special Needs" can be found on