Author: Linda Ershow-Levenberg

Governor Murphy this week signed into law S2333/A3910, an Act granting civil immunities to health care workers and facilities for actions taken in good faith during the declared state of emergency. The act also waives certain professional licensing restrictions and requirements on health care personnel to quickly expand the health care work force in an effort to ease the traumatic staffing...

What do you do if you can’t find the Will? Your loved one has passed away, you have pulled yourself through the mourning period, and now you are ready to tackle the estate. You remember that your loved one had a Will — maybe they kept mentioning it, or maybe you knew that they had signed it at their lawyer’s office at some point. You remember that they had told you they were...

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...