Author: Linda Ershow-Levenberg

As you begin making your plans for retirement, don’t neglect to prepare or update your estate plan. Your plan may be decades-old, or maybe you never even signed any documents for a plan. It’s a good idea to start thinking about a variety of issues at this time. Here are some of them. It’s important to sign  a Durable Power of Attorney and Health Care proxy to designate the...

If you are an active employee who is starting to think about retirement, make sure you check the terms of your employer health insurance plan to see how it would fit with Medicare.  Medicare health care coverage isn’t available to you until you reach age 65.  There is an Initial Enrollment Period (IEP) which begins 3 months before your 65th birthday, includes the month you turn 65, and...

Do you have an emerging young adult in your family who is not under a guardianship?  After their 18th birthday, you may want to consider having them meet with an attorney to discuss a durable power of attorney, health care proxy and a Will. People often say, “why do I need a Will?” or “isn’t estate planning for wealthy people?” The fact is that basic estate...

On May 28, 2014 the NJ tax Court  decided the case of Claudette Lugano v NJ Division of Taxation.http://caselaw.findlaw.com/nj-tax-court/1668800.html . Ms. Lugano and the decedent, Mr. Lovi, had neither married nor registered as domestic partners, and inheritance tax was imposed on her receipt of his retirement plan benefits upon his death. The Court held, among other things, that the failure...

If you have assisted a family member through a course of subacute rehabilitation (up to 100 days under Medicare Part A following a hospitalization), you are no doubt familiar with the process of the “family meeting.” This is a meeting at the facility attended by the members of the patient’s treatment team — the head of nursing, dietary, recreation, physical therapy,...

Friday’s post talked about the new state program being developed for delivery of home and community-based Medicaid services (MLTSS), which will require individuals whose income exceeds the income cap to set up a Miller Trust to receive and handle the excess income. The State has actually published a Notice of Proposal, announcing its intent to ask the federal government to allow it to do...

The State of New Jersey provides part time home health care services to eligible individuals through the Medicaid Managed Long-Term Services and Supports (MLTSS) home and community  program (formerly called Global Options). Applicants are individuals who require an institutional level of care because they require assistance in three or more of their Activities of Daily Living (ADL’s),...

On January 24, 2013, a settlement was reached in a class-action suit called Jimmo v. Sebelius, which was pending in the U.S. District Court for the District of Vermont. As noted in yesterday’s blog, Medicare Part A will pay for up to 100 days of skilled care services in a skilled nursing facility (SNF) following a hospitalization of three days or more, if medically necessary and all...

I have frequently encountered the question, “can I switch to a different facility to continue my rehab?” I don’t know where the notion came from, but it appears that people believe that once they begin their post-hospitalization rehab under Medicare Part A, they have to stay there for the duration of therapy. Medicare Part A pays for services rendered in a skilled nursing...

Reverse Mortgages are a very useful tool for people who are running low on liquid assets but wish to remain in their homes. These non-recourse loans are designed to give seniors over age 62 access to the equity in their homes, and unlike the traditional mortgage or Home Equity Line of Credit, monthly payments are not required. However, when the homeowner/borrower vacates the premises (such as,...