Author: Linda Ershow-Levenberg

In a decision published yesterday, a New Jersey judge has ruled that a party to a divorce case cannot avoid the need for their personal participation by having their agent under Power of Attorney appear on their behalf. The case of Marisco v. Marisco, Chancery Div.-Ocean Cy., docket no. FM-15-1152-13-N (Jones, L. R., J.S.C.) involved a divorce action between a husband and wife in their...

Yesterday, the Secretary of the US Department of Housing and Urban Development (HUD) announced a new policy designed to help reverse mortgage borrowers who are behind on their real estate taxes. http://portal.hud.gov/hudportal/HUD?src=/press/press_releases_media_advisories/2011/HUDNo.11-001 With a conventional mortgage, your monthly mortgage payment typically includes an amount which the...

Many times over the years, as we work on their estate planning, my senior clients have told me that they gave a substantial sum to one of their children to help them with a specific need. Perhaps it was to pay off debt, or buy a house, or start a business, or pay for college expenses for their own children. Whatever the reason, an important legal question comes up: “Was this a gift or a...

As explained yesterday, the NJ State Medicaid Program cannot assert a lien against the Medicaid recipient’s property during his lifetime, unless the individual had wrongfully received benefits and the State sued and obtained a judgment. In all other cases, a lien can only be asserted after the death of a Medicaid beneficiary, and certain conditions must apply: the Medicaid recipient had...

Nursing home care can be necessary when a person who is medically fragile or has severe memory impairment, confusion & dementia is unable to be effectively cared for in a home care setting. It could be that the home has too many stairs, inaccessible bathrooms or other hazards. It could be that the patient needs higher skilled nursing attention. It could also be that there is no family...

Are you a grandparent who lovingly agreed to co-sign your grandchild’s  college loans? Do you have unpaid alimony obligations under an old court order? You may have been under the impression since you retired that “Social Security Benefits are secure against all creditors,” and that they cannot be attached to satisfy a judgment. This is certainly the general rule. 42 USC...

More than 5.4 million people enrolled in health insurance plans through the federally subsidized health insurance exchanges that were established by the Affordable Care Act (ACA), and 86% of them were eligible for subsidies, according to the NY Times on June 27th. The Department of Health and Human Services has issued regulations that enable most ACA enrollees to have their policies...

When a Medicaid application is denied due to “excess resources,” many procedural tangles can ensue. Individuals who require long-term care in nursing homes, assisted living or at home may apply for Medicaid when their countable available resources have been reduced to a low level, typically $2,000 for an unmarried person plus a protected share for their spouse. (Income is treated...

There may come a time when your beloved aged & infirm family member just cannot take care of their basic needs for daily living any more. They cannot get themselves safely in and out of bed or chair; cannot bathe themselves; are starting to trip and fall; need help getting to the bathroom; can no longer obtain and prepare food; or can no longer remember how to do basic things or how to ask...

Back in the mid-1980’s, Congress enacted the Social Security Disability Benefits Reform Act, and the Social Security Administration (SSA) adopted a Medical Improvement Review Standard (MIRS)  to provide a method to evaluate whether a person’s disability had improved to the point that the person is capable once again of engaging in substantial gainful activity (work). Congress...