Practice Areas

Haddon Heights, Lawrenceville and Linwood Estate Planning and Elder Law Attorneys

At Sharp Bratton, we are happy to assist you with a variety of elder law and estate planning issues. For more information about our practice areas, please click on the headings below.

Medicaid-Planning & Asset Protection

One of the most common fears of senior citizens today is that their entire life savings will be wiped out to pay for assisted-living or nursing home care. Some of us do not like to think about needing nursing home care, but the fact is that nearly half of us will require some long-term care during our lifetimes. When the economic reality of assisted-living and nursing home costs hits home, the lawyers at Sharp Bratton in Haddon Heights, Lawrenceville and Linwood, New Jersey, can help.

Assisted-Living & Nursing home Admission

Our elder law attorneys do much more than help our clients deal with the financial aspects of an admission to a nursing home or assisted-living facility. We have access to geriatric care managers and have developed a special sensitivity in helping a family guide a loved one toward placement in an appropriate facility.

Wills & Trusts

We pride ourselves on educating our clients and ensuring that they understand the legal implications of each and every step they take when it comes to estate planning. Estate planning is a lifelong process, and there are different things you should do at different times for a truly comprehensive.

Estate Planning for High-Net-Worth Individuals

Estate planning for business owners and high-net-worth individuals is much more complex than creating a will and designating a power of attorney. The attorneys have a background in high-level tax planning for corporations and wealthy individuals. They use their experience to help families pass on their wealth in the most tax-efficient manner using such techniques as generation-skipping trusts, dynasty trusts, intentionally-defective grantor trusts, grantor-retained income trusts, and charitable lead trusts.

Powers of Attorney

Many people who are in good health are hesitant to make a power of attorney designation since they feel they can manage their own affairs. However, anyone can become incapacitated at any time due to a car accident, sudden illness, or other unexpected event. The issue becomes who do you want to make your choices for you when you can't make them yourself? If you don't designate a power of attorney for yourself, you will be subjecting yourself to the court system and a guardianship proceeding if you should become incapacitated.

Probate & Estate Administration

A common mistake many executors make is that they don't send a notice of probate to beneficiaries and creditors, as required under New Jersey statutes and rules of court. Estate recovery can also be an issue if the person who died had been receiving Medicaid or other governmental assistance. Under Medicaid rules, the state of New Jersey has a lien (called estate recovery) on a Medicaid recipient's assets. However, the state often does not notify executors about this lien until long after the estate has been distributed. If you did not know about the estate recovery process because you did not consult a lawyer, you can be held personally liable for repayment of the lien to the state.

Guardianship

The legal process to obtain legal authority to make financial and health care decisions for another person is called a guardianship proceeding. It is needed if the person who needs assistance is incapacitated and did not or cannot designate a power of attorney.

Special needs Planning

Parents of children with special needs often want to make sure that they leave money and other assets to provide for the lifelong care of their children. However, if improperly done, gifts given with the best of intentions can actually cause a child to lose eligibility for government benefits such as Medicaid and Supplemental Security Income (SSI) until all of the assets have been spent. As a result, the child is left no better off than before the gift.

Retirement and Tax Planning

Many retirees roll over their 401(k) accounts into an Individual Retirement Account (IRA) when they retire. As a result, the IRA becomes a significant portion of the estate of many retirees. However, an IRA is a tax-sensitive vehicle. There are some techniques such as stretching out the IRA that can maximize the investment and lessen tax consequences.

Business-Succession Planning

The shocking reality is that only 30 percent of closely-held and family-owned businesses survive to the second generation. Even more unfortunate is that only 10 percent of those survive to a third generation. The conflicting demands of business ownership and family often lead to serious family problems. Leading and managing a closely-held or family-owned business is a demanding and complex task. We can help you meet the challenges brought on by constant changes in the marketplace, technology, employment, and your family. Attorney Cynthia Sharp received an LL.M. degree from New York University School of Law that gives her the unique knowledge necessary to handle this complex area of law.

Real Estate Law

At Sharp Bratton, we believe and treat every real estate transaction with unique perspective and custom attention. For us there is no such thing as "just a closing," because we understand that our client, by making a decision to buy, sell, or lease a home or commercial property, is making an important, possibly life-changing decision.

For more information or to schedule a consultation, contact a New Jersey Accredited Estate Planner at Sharp Bratton in Haddon Heights, Lawrenceville and Linwood.