About Kelaher, Van Dyke, Moriarty & Kalksma — Elder Law Toms River New Jersey

Elder law toms river New Jersey families trust Kelaher, Van Dyke, Moriarty & Kalksma for the full range of elder law and estate planning services that protect aging residents and their families. Operating from their office at 680 Hooper Avenue, Building C, Suite 302 in Toms River, the firm serves Ocean County’s substantial senior population with Medicaid planning, guardianship proceedings, special needs trusts, estate planning, and residential real estate matters. Ocean County is one of New Jersey’s older-skewing counties, with a large retirement community population in areas like Toms River, Brick, Manchester, and Beachwood that drives consistent demand for elder law services. The firm’s tagline — helping clients preserve what is theirs — reflects the estate and asset protection focus at the core of its practice.

The firm is LGBTQ+ inclusive and offers house calls, hospital visits, and Zoom consultations — removing the mobility and access barriers that often prevent older clients from obtaining timely legal guidance when it matters most.

What Clients Say

Ocean County elder law clients who work with Kelaher, Van Dyke, Moriarty & Kalksma consistently cite the firm’s willingness to meet clients where they are — literally, through home and hospital visits — as a defining quality. For elderly clients managing a health crisis alongside a legal need, the ability to speak with their attorney without leaving home or a care facility is not a convenience; it is a necessity.

Elder Law Toms River New Jersey — Practice Areas & Services

• Elder Law: Comprehensive elder law representation for Ocean County seniors and families, including Medicaid crisis planning, long-term care coordination, and asset protection strategies.
• Medicaid Planning: Structuring assets to achieve Medicaid eligibility for nursing home care while preserving resources for surviving spouses and heirs under New Jersey Medicaid rules.
• Estate Planning: Wills, revocable trusts, powers of attorney, and healthcare directives for Toms River and Ocean County residents at every life stage.
• Special Needs Trusts: First-party and third-party special needs trusts that protect public benefit eligibility for disabled individuals in Ocean County.
• Guardianship: Petitions for guardianship of incapacitated adults filed in Ocean County Superior Court when an individual can no longer manage their personal or financial affairs independently.
• Residential Real Estate: Closings and title work for Ocean County residential properties, including transactions that involve estate sales or Medicaid spend-down strategies.

Frequently Asked Questions

Where are guardianship petitions filed for Toms River residents in New Jersey?

Guardianship petitions for Toms River and Ocean County residents are filed in the Ocean County Superior Court, Chancery Division, Probate Part, located at 118 Washington Street in Toms River. The court requires medical certifications confirming incapacity, along with a proposed care plan for the individual. An attorney experienced in Ocean County Superior Court guardianship proceedings can ensure the petition meets all procedural requirements and is heard promptly.

How does Medicaid planning work for nursing home care in New Jersey?

New Jersey Medicaid (NJ FamilyCare) pays for nursing home care for eligible residents who meet both financial and medical criteria. The financial eligibility rules include a resource limit of $2,000 for the applicant and community spouse protections that allow the at-home spouse to retain more substantial assets. Proper Medicaid planning — using techniques such as irrevocable trusts, spousal transfers, and Medicaid-compliant annuities — can protect significant assets while achieving eligibility. The five-year look-back period means planning must begin as early as possible for maximum effectiveness.

What is a special needs trust and when is it needed in Ocean County?

A special needs trust is a legal arrangement that holds assets for a disabled person without disqualifying them from Medicaid, SSI, or other means-tested public benefits. In Ocean County, these trusts are frequently established for adult children with disabilities whose parents wish to leave them an inheritance without jeopardizing their benefits. A properly drafted third-party special needs trust can provide supplemental support — covering expenses that public benefits do not — while preserving full eligibility for government programs.