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A New Jersey appeals court ruled that payments to the spouse of a Medicaid recipient from an annuity purchased with the spouse’s “resource allowance” were properly considered “income” to the spouse under the Medicaid rules. J.G. v. Division of Medical Assistance and Health Services J.G., who...

In this case, a New Jersey appeals court held that a disabled New Jersey resident eligible for Personal Care Assistance (PCA) services since 2009 was no longer eligible for PCA services under the Medicaid requirements. J.R. v. Division of Medical Assistance and Health Services, Docket...

Pennsylvania Superior Court ruled that a husband’s separation from his wife and subsequent extramarital affairs deprived him of his right to an intestate share of the deceased spouse’s estate. Estate of Kathleen Talerico, __ A.3d __ (No. 728 MDA 2015, filed March 18, 2016). Kathleen and...

Vicinio v. Carluccio, Leone, Dimon, Doyle & Sacks, LLC is a legal malpractice action stemming from an underlying family dispute involving the Estate of Philomena Vicinio. Philomena Vicinio’s health began to deteriorate after her husband’s death. Thereafter, Mrs. Vicinio attempted to reside with her daughter,...

In general, Medicaid rules impose periods of Medicaid ineligibility (“penalty periods”) when a Medicaid applicant makes gifts of assets in an attempt to qualify for Medicaid. If a Medicaid applicant gifts assets within the 60-month “look-back” period, the applicant may be subject to a Medicaid...