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State Ignoring Appraised Value of Medicaid Applicant’s House


law

A New Jersey appeals court reverses a final Medicaid agency decision that ignored an appraiser’s testimony about the actual value of an applicant’s house being less than the tax assessed value when it imposed a penalty period. J.B. v. Camden County Board of Social Services (N.J. Super. Ct., App. Div., No. A-5665-17T4, May 5, 2020). 

J.B. entered a nursing home. In preparation for applying for Medicaid, her son, acting under a power of attorney, sold her home for $17,500 to an acquaintance who was a realtor. The tax assessed value of the home was $104,700. J.B. applied for Medicaid, and the state-imposed a 236-day penalty period because she sold her house for less than market value.

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Michael Monteforte, Jr.

Michael Monteforte, Jr.

Founding Attorney

Michael Monteforte, Jr. is the founding attorney of Monteforte Law, P.C., an estate planning and elder law firm in Woburn, Massachusetts. He was admitted to the Supreme Judicial Court of Massachusetts in January 2002 and to federal practice in the U.S. District Court, District of Massachusetts, in March 2006. He has practiced estate planning and elder law in Massachusetts for over twenty years.

Monteforte Law Team

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