Milvidskiy Law Group P.C. - Elder Law & Estate Planning

Milvidskiy Law Group P.C. - Elder Law & Estate Planning Elder Law and Estate Planning

There’s a version of you that lives on through the people you love, in the lessons you shared, the decisions you made, a...
09/02/2026

There’s a version of you that lives on through the people you love, in the lessons you shared, the decisions you made, and the plans you put in place.

A will doesn’t mean you’re expecting to die. It means you’re taking the time to make important decisions for the people you care about.

Planning ahead can help make your wishes clearer, provide direction for certain assets, and make an already difficult time easier for the people you leave behind.

That’s the real purpose behind a will. It gives you a way to put important decisions in writing instead of leaving them for your family to figure out later.

If you have been putting off your will or are unsure whether your current estate plan still reflects your wishes, contact us to learn more. We can help you understand your options and determine what documents may make sense for your family and your goals.

Disclaimer: Attorney Advertising. This post is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney client relationship. Legal options depend on individual circumstances.

Not everyone who could inherit actually will. And not everyone who does inherit is related to you. That's the core diffe...
09/01/2026

Not everyone who could inherit actually will. And not everyone who does inherit is related to you. That's the core difference between an heir and a beneficiary.

A beneficiary is chosen. You name them in your will, trust, life insurance policy, or account, and they can be anyone, or any organization, you decide.

An heir is a legal definition. State law determines who qualifies as an heir when someone dies without a will, based on their family situation.

Knowing the difference between an heir and a beneficiary can make it much easier to understand what your estate plan actually says and who may receive your assets.

Disclaimer: Attorney Advertising. Educational content only. Not legal advice. Results vary based on individual circumstances.

08/31/2026

The word sounds complicated, but the idea behind it is fairly simple.

Sometimes a person’s Social Security, pension, or other income puts them over the income limit for Medicaid long term care. They may still need help paying for care, but their income can affect whether they qualify.

That’s where diversion can help. A Qualified Income Trust can hold certain income so it does not count toward the Medicaid income limit. There are specific rules for how the trust must be set up, how income goes into it, and how the money can be used.

A Qualified Income Trust does not automatically make someone eligible for Medicaid. It;s one planning option that may help someone whose income is over the limit meet the financial requirements.

If you or a family member may need long term care and you are concerned that your income is too high for Medicaid, contact us to learn more about your options. We can review your situation, explain how the income rules apply, and help you understand whether a Qualified Income Trust may be appropriate as part of your Medicaid plan.

Disclaimer: Attorney Advertising. This post is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney client relationship. Legal options depend on individual circumstances.

Is the house countable? Is the car? What about the life insurance policy you've had for thirty years? What counts as inc...
08/28/2026

Is the house countable? Is the car? What about the life insurance policy you've had for thirty years? What counts as income, and how far back will Medicaid look at your finances?

These aren't small details. Transfers, income, assets, timing, and documentation can all affect eligibility, and the rules aren't always intuitive.

That's why we walk families through what Medicaid actually requires, in plain language, before decisions have to be made under pressure. We look at the full financial picture, explain what may be countable and what may be protected, and build a plan around your family's specific circumstances rather than a generic checklist.

Medicaid planning isn't just about qualifying. It's about understanding the rules early enough to make informed decisions about care, and about the assets you've worked to build.

Disclaimer: Attorney Advertising. Educational content only. Not legal advice. Results vary based on individual circumstances.

It starts by getting to know you: what you value, the people you're protecting, and the outcomes you actually want. Not ...
08/27/2026

It starts by getting to know you: what you value, the people you're protecting, and the outcomes you actually want. Not a matter number. Not a file that gets closed and forgotten.

That's why continuity matters at Milvidskiy Law Group. When you call, you're not re-explaining your family, your goals, or the plan you've already built. You're picking up a conversation that's still going.

Because life changes, and plans need attention. When it does, we already know where things stand, so you're not starting from zero. We're glad to help write the next chapter of your story.

Estate planning was never just about documents. It's about a relationship your family can return to, year after year.

Disclaimer: Attorney Advertising. Educational content only. Not legal advice. Results vary based on individual circumstances.

Picture this: A grandmother wants to leave something behind for her granddaughter, who is visually impaired and relies o...
08/26/2026

Picture this: A grandmother wants to leave something behind for her granddaughter, who is visually impaired and relies on her service dog for independence. Her daughter receives SSI and Medicaid. In her will, the mother leaves her $15,000, plain and simple, no trust, no complications, just love.

Eighteen months later, her granddaughter loses her benefits.

The inheritance pushed her over SSI's resource limit the moment it landed in her name. Medicaid eligibility followed. The support she'd relied on for years was gone. Not because anyone made a mistake, but because nobody knew there was a different way to leave that gift.

This is more common than most families realize. Money left directly to a person with a disability, even a modest amount, can interrupt the very support they depend on.

A special needs trust exists for exactly this reason. It lets the same gift, from the same mother, reach the same daughter, without putting her benefits on the line.

If your family includes a child or loved one with a disability, this is worth understanding before it becomes your family's story.

Disclaimer: Attorney Advertising. Educational content only. Not legal advice. Results vary based on individual circumstances. The scenario above is illustrative and does not depict an actual client or case.

These two sound almost identical, but they can work in very different ways.A revocable trust is like a document you can ...
08/25/2026

These two sound almost identical, but they can work in very different ways.

A revocable trust is like a document you can rewrite as your circumstances change. You generally stay in control, can change it, cancel it, or move assets in and out. Because you retain that control, the assets are generally still treated as yours for Medicaid purposes and remain exposed to your own creditors.

An irrevocable trust works differently. You usually give up substantially more control, which can create planning opportunities that a revocable trust does not offer.

Depending on how the trust is written, assets may receive creditor protection or be treated differently for Medicaid eligibility after the applicable lookback period.

Neither one is automatically the better choice. It depends on your goals, the assets involved, and how much control you need to keep.

Disclaimer: Attorney Advertising. Educational content only. Not legal advice. Results vary based on individual circumstances.

08/24/2026

Incapacity, at its root, means no longer able. No longer able to make certain decisions for yourself. About your money. About your health.

Maybe it's been a low-grade suspicion for a while now. Or maybe it hit you all at once—a missed bill, a strange decision, something completely out of character for the person you know.

Either way, the word brings the same question to the surface: What happens now, and what might need to change going forward?

To be clear, a hunch isn't a legal finding. In New Jersey, incapacity is a legal determination a court may make in a guardianship proceeding. And guardianship can be tailored to the circumstances, including through a limited guardianship when a person retains the capacity to make some decisions.

But guardianship isn't necessarily the next step.

If the person previously signed a properly prepared power of attorney, that document may allow a chosen agent to handle certain financial matters without a guardianship. Other advance planning documents may address health care decisions. Whether those documents are sufficient depends on the circumstances and how they were prepared.

When additional court-supervised protection is necessary, guardianship may be appropriate.

The goal is to preserve as much independence and decision-making authority as the circumstances allow, while putting appropriate support around the areas where help is needed.

Attorney Advertising. This post is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Legal options depend on individual circumstances.

Structure is not one decision. It is a series of choices that work together to protect what your career has built.Malpra...
08/23/2026

Structure is not one decision. It is a series of choices that work together to protect what your career has built.

Malpractice insurance is an important first layer, but coverage has limits. Beyond that, protection can depend on how assets are owned, what protections retirement accounts already have, how your practice is structured, and whether certain trusts make sense for your circumstances.

The right strategy is not about using every tool available. It is about understanding your specific risks and building a structure where each piece has a purpose.

As your practice grows and your circumstances change, that structure should be reviewed to make sure it still fits what you have built.

Disclaimer: Attorney Advertising. Educational content only. Not legal advice. Results vary based on individual circumstances.

Estate planning is not only about deciding who receives your property.It is also about giving your family direction when...
08/22/2026

Estate planning is not only about deciding who receives your property.

It is also about giving your family direction when they may be dealing with one of the most difficult moments of their lives.

According to the Trust & Will 2026 Estate Planning Report, 56% of Americans have no estate planning documents. That means their families are left guessing who should be in charge and what to do next, all while already dealing with loss.

The other 44% leaves nothing to guess. Their families know what was wanted, who is in charge, and what comes next.

The goal is not simply to protect assets. It is to replace uncertainty with direction when your family needs it most.

Disclaimer: Attorney Advertising. Educational content only. Not legal advice. Results vary based on individual circumstances.

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29 N Farview Avenue
Paramus, NJ
07652

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