P.C. v. Division of Medical Assistance and Health Services and Union County Board of Social Services, Docket No. A-1005-02T3 (N.J. App. Div., March 17, 2004) (unpublished).
Medicaid applicant was issued a transfer penalty for failing to seek her “elective share” of her deceased spouse’s estate. Applicant and spouse had been living separately for over 18 months due to applicant’s choice to reside in a nursing home. Court ruled that where couple was living separate and apart and there were grounds for divorce (living separate and apart for over 18 months creates a presumption of “irreconcilable differences”) there was no right of elective share, and the agency was reversed.
Attorney: Eugene Rosner, Esq.