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Overview The purpose of this article is to shed light on the complex topic involving Qualified Income Trusts and Pooled Trusts. Furthermore, I will try to distinguish between New York Law and New Jersey Law. Qualified Income Trust N.J. Admin. Code § 10:71-4.11 The purpose of a  Qualified Income Trust (QIT) is to qualify an applicant for Medicaid in cases where income exceeds 300% of Federal Benefit Rate (FBR). For purposes of this document, I will refer to this as excess income. Under New Jersey regulations, excess income can be placed in…

 December 10, 2019 

Introduction I wanted to take a minute to discuss Design Patents. A design patent protects an object’s design and appearance. A design patent does not protect, or even describe, any of the underlying functionalities of the object. It is somewhat of a known fact that design patents are easier to secure than utility patents. This is true in part because design patents focus on a particular appearance of the object. It is a lot less likely to replicate another’s design than it is to replicate functionality. For example, since toasters are known,…

 November 15, 2019 

Introduction: Special needs trusts are truly special. In general, trusts are governed by state law. Special Needs Trusts are governed by federal and state provisions. These trusts are heavily regulated and reviewed. Therefore, only a qualified attorney should be used to create a special needs trust.   Special needs trusts permit a disabled or elderly to qualify for public benefits. These trusts are sometimes referred to as special or supplemental needs trusts. The term "special" or "supplemental" is interchangeable. The primary distinction of such trusts is whether the special needs trust is…

 October 17, 2019 

Trademark law is a little more forgiving for disorganized procrastinators than other areas of law. This is a good thing.  First, to qualify the glaring colloquialism, the Trademark Law refers to Title 15, Chapter 22 of the United States Code, otherwise known as the Lanham Act. The Lanham Act sets up rules and standards for examination and enforcement of trademarks. The act also authorizes the director of the Trademark Office to create rules of practice at the Trademark Office. These rules have been codified under Title 37 of the Code of Federal…

 October 11, 2019