When Your VA Award Letter Costs You Medicaid: A New Jersey Case Study
The New Jersey Appellate Division decision, A.D. v. Essex County Department of Family Services, A-2316-23 (decided May 5, 2025), illustrates how a Medicaid application for long-term care can unravel not because the applicant was ineligible, but because of confusion…
Separated in New Jersey? Your Spouse May Still Inherit Everything
A New Jersey appellate decision decided June 29, 2026 — In the Matter of the Estate of Agnieshka Burke — offers a stark illustration of what can happen when someone dies while a divorce is still pending. The case involves a $500,000 life insurance policy, a Will that…
New Jersey Supreme Court Rejects Shaken Baby Syndrome Testimony as Unreliable Science
On November 20, 2025, the New Jersey Supreme Court issued one of the most significant evidentiary rulings in the state’s criminal law in years. In State v. Nieves, the Court held that expert testimony diagnosing Shaken Baby Syndrome/Abusive Head Trauma (SBS/AHT) —…
When a Spouse Won’t Cooperate: The Medicaid Spousal Waiver in New Jersey
Applying for Medicaid to cover nursing home care requires disclosing financial information not just for the applicant, but for the applicant’s spouse as well. That requirement makes sense when both spouses are willing to participate. It becomes a serious problem when…
Medicaid Eligibility for Lawfully Present Immigrants in New Jersey: What the New Federal Law Means for NJ FamilyCare
Federal law is changing who qualifies for NJ FamilyCare. Beginning October 1, 2026, many lawfully present immigrants may lose their coverage. Congress passed the One Big Beautiful Bill Act, which President Trump signed into law in 2025. Among its many provisions is a…
New Jersey Appellate Court Clarifies Judge’s Role in Guardianship Cases
When a court decides to appoint a state agency as guardian over a family member’s objection, what due process is the family entitled to? Can a judge make that call based on attorney reports and physician certifications alone — without testimony, without…
Personal Care Assistant Services in New Jersey: What You’re Entitled To — and What Insurance Companies Aren’t Telling You
Many New Jersey Medicaid recipients who need help with daily activities — bathing, dressing, toileting, mobility — are entitled to Personal Care Assistant (PCA) services. These are in-home, hands-on services paid for by Medicaid and delivered through a managed care…
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…