Do You Need to Plan to Avoid Probate in New Jersey? Probably Not
If you have spent any time researching estate planning online, you have likely encountered some version of the following warning: probate is expensive, slow, and public — and you must plan aggressively to avoid it. Living trusts are pitched as essential. Horror…
You Cannot Arbitrate a Will Dispute in New Jersey
Can a testator include an arbitration clause in their Will that forces beneficiaries to resolve disputes in a private arbitration forum rather than a New Jersey court? For the first time, the New Jersey Appellate Division has answered that question directly — and the…
Does Medicaid Take Your House When You Die in New Jersey?
It is one of the most common questions elder law attorneys hear: “If my parent goes on Medicaid, does the state get the house when they die?” The short answer is: it depends — and the details matter enormously. New Jersey, like every other state, operates a Medicaid…
Who Makes Decisions for a Spouse or Family Member During a Medical Emergency in New Jersey
Your spouse is rushed to the hospital. The doctors need to make critical decisions about their treatment. Who has the legal right to make those decisions? Who has access to information? And what happens when adult children — or stepchildren — disagree with what you…
Divorce as a Medicaid Planning Strategy in New Jersey
Can divorce protect a healthy spouse from Medicaid spend-down in NJ? Learn how Medicaid divorce works, the legal risks involved, and alternatives to consider — from a NJ elder law attorney.
Special Needs Trusts vs. ABLE Accounts in New Jersey: Which One Is Right for Your Family?
Comparing Special Needs Trusts and ABLE accounts for NJ families? Learn the key differences, the 2026 age limit expansion, and when to use each — from a New Jersey elder law attorney.
What Happens After You’re Appointed Guardian in New Jersey?
If you’ve read my earlier post on Understanding Guardianship in New Jersey: Why It May Be Necessary and How to Obtain It, you already know that the guardianship process is a formal court proceeding with several important steps. But what happens once the court case is…
Medicaid and Immigration in New Jersey: What a Medicaid Lawyer Wants You to Know
As a New Jersey Medicaid lawyer, I’m often asked whether immigrants—especially those who are undocumented—can qualify for Medicaid or other forms of public health coverage. The answer is complicated, because eligibility depends on a mix of federal law, state…
Don’t Let Your Convenience Turn Into a Crisis: Joint Bank Accounts and Medicaid Eligibility in New Jersey
When caring for an aging parent or a disabled loved one, convenience and simplicity is usually the goal, especially when it comes to managing money. Many families find it convenient to add a parent’s name to a college aged child’s account or an adult child’s name to…