Author: Linda Ershow-Levenberg

These trying times have spurred New Jersey to venture into new ways to get things done. The lock-down has made it difficult for individuals in hospitals or nursing facilities, or people quarantined in their homes due to recent exposure to COVID-19 — as well as many others — to get documents notarized. Along with Powers of Attorney, Deeds, new investment account paperwork, insurance...

How often have I heard clients tell me they were told to cash out a life insurance policy as part of a “Medicaid spend-down,” because it was “an asset.” The fact is, whether a given policy needs to be liquidated depends on who owns the policy, what its cash surrender value is, and who is applying for Medicaid benefits. There’s no “one rule for all...

A Last Will and Testament designates an Executor who has legal authority to handle the estate assets. The Will also specifies who receives what, and in what way; the language of the Will specifies if the share is to be put in a Trust or is to pass outright, and who will receive the share if the named beneficiary has died. If assets are jointly owned or if they have named beneficiaries, they...

Advance planning with powers of attorney and health care powers of attorney is a good way to ensure that there is an authorized person to handle things and make decisions should a person become incapacitated due to stroke, accident or dementia. Of course there are plenty of situations in which no such documents were ever signed. When a person without such planning documents becomes...

What do you do if a person passes away without a Last Will and Testament? A Last Will and Testament designates an Executor who has legal authority to handle the estate assets. The Will also specifies who receives what, and in what way. The estate of someone who dies without a Will is called “intestacy” or “an intestate estate,” which is Latin for “without a Will.” If a person owns assets that...

A Last Will and Testament is called “Last” because it’s the presumed final statement of the wishes of the person who has passed away. The terms need to be in writing and duly signed, witnessed, and notarized according to the law. (New developments to facilitate electronic signatures are a topic for a different day) These requirements are there in an effort to ensure that...

You may wonder, “can I employ my daughter if she is living with me?” According to the National Bureau of Labor Statistics, there were over 3 million personal care aides and home health aides in the labor force in 2018, the most recent year for which data are available. In the State of New Jersey, over 41,000 people were employed in this occupation. AARP’s 2016 national survey...

The Middlesex County NJ Assignment Judge has issued a Notice with details concerning procedures for filing and handling of cases in Middlesex County now that the courts are closed to in-person proceedings.  mcba_county_procedures_3-31-     Depending on the court, cases can be initiated electronically or by mail or drop off in an outside mailbox; mail is being held for 24 hours before...

Judge William Martini of the Federal District Court for the District of New Jersey has issued a preliminary injunction barring the New Jersey Division of Medical Assistance and Health Services (DMAHS) from treating a certain type of annuity contract as a countable resource in connection with a Medicaid application. The case is JANE CUSHING, by her attorney-in-fact, Evelyn Fornale vs. Jennifer...

The latest release by the NJ Supreme Court outlines the latest rules concerning trials, scheduling, closings, and so on which will affect cases, lawyers  and litigants throughout New Jersey. Cases can still be filed but numerous adjustments are being made to the deadlines and procedures. Emergencies can be addressed, and all matters are going to be handled by telephone or videoconferencing....