Memorial Day: A day to remember our fallen heroes and to think about our veterans

With the passing of another Memorial Day, it gives us the opportunity, not only to enjoy a three (3) day weekend filled with barbeques and time spent with friends, but it also gives us the opportunity to remember our fallen heroes and those brave men and women who have served our country.

This Memorial Day, President Barack Obama made a promise to America’s veterans, saying, “As long as I’m president, we will make sure you and your loved ones receive the benefits you’ve earned and the respect you deserve.” They are words that many hope he will truly deliver on as many military veterans groups are calling upon President Barack Obama to repair what they call a failed bureaucracy that requires former service members to wait months for disability benefits.

With thousands of troops coming home from the wars in Iraq and Afghanistan, the number of disability cases filed with the Department of Veterans Affairs jumped 48 percent over the past four years. The department faces a backlog of about 905,000 claims, with 65 percent of them taking longer than the agency’s 125-day target for processing. It can take as long as 400 days for soldiers who apply for disability benefits to receive them.

Uphill Battle for Gay Couples to Claim Benefits

Despite President Barack Obama’s support for same-sex marriage, it hasn’t made it any easier for gay spouses to claim their partners’ retirement benefits or to receive the surviving spouse benefits under Social Security.

The Federal Defense of Marriage Act, passed in 1996, specifically states that marriage must be between one man and one woman. As a result, same-sex couples can’t take advantage of the income tax benefits of a joint federal income tax filing or other important federal benefits. These include avoiding estate taxes when inheriting a spouse’s assets, giving gifts tax-free to spouses, receiving federal disaster aid benefits and others benefits.

Careful estate planning, however, can help gay couples plan for retirement, protect their assets and otherwise care for one another financially. The estate planning attorneys at CLDD&S, Annemarie Schreiber and Diana Anderson, are familiar with the best estate planning techniques for gay couples.

ICE-1 & ICE-2, In Case of Emergency Contacts

Many of us are aware that medical professions strongly recommend that all adults, no matter what the individual’s age,  with cellular phones add “ICE’” entries into their cell phone address books. This stands for “In Case of Emergency,” and medical professionals are using it to notify the person’s emergency contacts and to obtain critical medical information when a patient arrives unconscious or unable to answer questions.

Medical providers, such as paramedics, nurses and doctors, are increasingly aware and looking for these entries in phone address books. By using the “ICE” designation first, they can immediately identify the appropriate number to call. It is recommended that people save at least two numbers and be sure that both people are familiar with their medical history. They can be saved as “ICE – 1″ and “ICE – 2″ or with names such as “ICE – Mom.” In all cases, the “ICE” designation should come first.

Medical professions also recommend that patients continue to carry a summary of their medical histories in their wallets as well. Cell phones don’t always work and having the information on your person is always a good idea.

Medical professionals advise people to remember the acronym “MAD” when deciding what to include in their medical histories:

• Medicines – list all current medications you are taking, including herbal and organic supplements because they can and do interact with some medications.
• Allergies – list all known allergies, especially to medications, but also to foods.
• Doctors – include the names and phone numbers of doctors (or medical providers) responsible for your regular care.

Neither “ICE” nor wallet-based information should be considered substitutes for medical alert bracelets and necklaces that also provide critical medical information.

Top 4 Landlord/Tenant Questions Asked By Clients

1. The term of a residential lease agreement is over, is the landlord allowed to evict the tenant?

If the parties do not agree to renew the lease, same converts to a month to month tenancy. As such, on that basis alone, a residential tenant cannot be evicted if they are protected by the NJ Anti-Eviction Act. This act provides that a residential tenant may not be evicted except for the following reasons: non-payment of rent, violation of lease rules and covenants, habitual late payment of rent, owner occupancy and certain enumerated criminal offenses. A landlord can, however, make reasonable changes to the lease terms including the amount of rent on the anniversary date.

2. If a tenant leaves behind personal property, can the landlord keep it?

Pursuant to the Abandoned Property Act, landlords are required to provide notice to the tenant as well as store and protect that property for 30 days following the eviction or vacancy of the premises. The abandoned property may be removed from the premises to a storage unit. All costs for storing and protecting any property are the responsibility of the tenant. Thirty days following the notice, the landlord may sell, keep or dispose of the abandoned property. The profits from any sales can be applied towards the balance of any unpaid rent. Failure to provide notice to a tenant may result in action by the tenant for loss or damage to their personal property. The Abandoned Property Act does not apply to commercial tenancies if there is a provision in the lease providing for the disposition of the tenant’s property at the end of the lease.

3. Is a landlord able to lock-out a tenant and/or retain their personal property?

Only in some very limited situations is a landlord able to do so. Holding property as security for payment of debt is considered distraint and the landlord can end up being sued by the tenant. New Jersey permits distraint when authorized by law for commercial tenancies only.

4. Can a residential tenant live rent free in a unit that is illegal or not permitted under zoning?

A tenant is not allowed to receive a windfall by being permitted to reside in a premises, whether or not the unit is illegal, rent free. A tenant may be permitted an abatement, but they are not entitled to live rent free, especially if the premises is habitable. However, the landlord may be required to pay reasonable relocation assistance to the tenant if the town has an ordinance requiring there be assistance to the tenant if they are evicted due to illegal occupancy.

For more information about Landlord/Tenant visit our website.

Family Law Attorneys to Present Same Sex Family Law Seminar

Jonathan Z. Petro of Carluccio, Leone, Dimon, Doyle & Sacks, Rachel Cotrino of the Law Office of Rachel S. Cotrino and Agnes Rybar of Horn, Turnbach & Rybar will present a seminar on June 5th at 6p.m. titled “Same Sex Family Law Seminar.”

This is a free seminar offering information and discussion of legal topics related to same-sex marriage and divorce in New Jersey. The following list highlights the main topics of discussion planned.

• Creation of Civil Unions
• Status of Domestic Partnerships
• Custody & Parenting Time
• Dissolution/Termination
• Distribution/Division of Assets
• Alimony & Child Support
• Proposed Same-Sex Marriage Law
• Adoption
• Prenuptial Agreements for Same-Sex couples
• Domestic Violence

During the seminar, you can meet with any of the three attorneys and schedule a free consultation. All three attorneys are admitted to the New Jersey Bar and practice in the area of family and matrimonial law.

The seminar will be held at the Neptune Public Library located at 25 Neptune Boulevard in Neptune.

For more information, contact our office at 732-797-1600.

May is National Elder Law Month

The National Academy of Elder Law Attorneys (NAELA), a professional association of attorneys dedicated to improving the quality of legal services provided to older Americans and individuals with special needs, established May as Elder Law Month as a way to educate seniors and their families about their legal options in dealing with elder abuse and fraud, long-term and health care planning, Medicaid, Medicare, estate planning, and other important issues.

All too often, Americans wait to deal with these issues in times of crisis, rather than working with an Elder or Special Needs Law attorney before the crisis occurs. By planning ahead and looking to the future, seniors and people with special needs can ensure a better quality of life and that they have the services and support they need as they get older.

Diana L. Anderson, Esq. and Annemarie Schreiber, Esq. are both members of NAELA.   Diana has earned the distinction of being a certified elder law attorney.  Take advantage of Elder Law Month and see an elder law attorney to help you with any of your elder law or special needs law issues.

Sensory Friendly Films Program to Show Pirates! Band of Misfits

Today is the last day of Autism Awareness Month.  In order to highlight the growing need for concern and awareness about Autism, the United States recognizes April as a special opportunity for everyone to educate the public about Autism and issues within the Autism community.

In a great program, AMC Theatres (AMC) and the Autism Society have teamed up to bring families affected by autism and other disabilities a special opportunity to enjoy their favorite films in a safe and accepting environment on a monthly basis with the “Sensory Friendly Films” program.

In order to provide a more accepting and comfortable setting for this unique audience, the movie auditoriums will have their lights brought up and the sound turned down, families will be able to bring in their own gluten-free, casein-free snacks, and no previews or advertisements will be shown before the movie. Additionally, audience members are welcome to get up and dance, walk, shout or sing.

Don’t miss the next Sensory Friendly Film!

Pirates! Band of Misfits

May 5 - 10 a.m. local time

Special Needs Trust Lunch and Learn in Red Bank, NJ

Annemarie Schreiber will be joining representatives of Merrill Lynch for a Lunch and Learn hosted at the Merrill Lynch offices in Red Bank today, Wednesday, April 25^th from 12 p.m. to 2 p.m.  The Lunch and Learn will focus on Special Needs Trusts and will give insightful information to families dealing with family members with special needs.

For more information about a Special Needs Trust, contact our offices at 732-797-1600.

Homecare.com – An Online Resource for Helping an Aging Relative

With more and more people being thrust into caring for an aging relative and being ill equipped to do so, it is oftentimes comforting to know that there is a resource out there to help navigate through the maze that caring for an aging relative often presents. Homecare.com is a new, free online destination for caregivers that provides comprehensive educational resources, decision-making tools and ongoing support that will help family caregivers learn, thrive and find their way through the care-giving maze.  It is reassuring to know that there is an online site to seek answers or to use as a starting point so that caregivers may feel more confident in the topics he or she may want to discuss with the various professionals involved in the aging relative’s life.  As always, the elder law attorneys at CLDDS are also ready, willing and able to answer any questions you may have related to the legal issues presenting a caregiver as well as the community resources available for the aging relative.

Elderly Couple are Targets of Telephone Scam

Back in October, I blogged about my participation in a seminar about Senior Scams.  I mentioned that Donna Gould from Investors Savings and Cindy Boyd from the Ocean County Prosecutor’s Office also participated in the seminar.   Today, the Toms River Patch features an article about a Toms River couple that was recently scammed out of  $1,900.  Please read the article:  Senior Citizen Couple Falls Prey To Telephone Scam.  The best defense against these unsavory characters is to be knowledgeable about their scams!