Caregiver Agreements and Medicaid in New Jersey
When Daniel’s father was diagnosed with Parkinson’s disease, Daniel cut back his hours at work and moved into the family home to care for him. He cooked meals, helped his father bathe and dress, drove him to medical appointments, and sat up with him on the bad nights….
Do IRAs, 401(k)s and Pensions Count for New Jersey Medicaid?
Many New Jersey families are surprised to learn that qualifying for Medicaid Long-Term Services and Supports (MLTSS) depends not only on income but also on how retirement assets are classified. A pension, IRA, 401(k), 403(b), annuity, or other retirement account can…
What Happens to a Timeshare When You Die in New Jersey?
What Happens to a Timeshare When You Die? Many people buy a timeshare thinking it will provide years of family vacations while accumulating an asset. What often gets overlooked is what happens to that timeshare after the owner’s death. Unlike many assets, a timeshare…
Why a DAR Form Can Make or Break a New Jersey Medicaid Appeal
When a nursing home resident applies for Medicaid in New Jersey, someone often needs to help with the application and appeal process. But who can act for the applicant, and when is a Designated Authorized Representative (DAR) form required? Those questions were at the…
When it’s Too Late for an Advance Directive in New Jersey – In re Roche
Many people believe that if a loved one has moments of clarity after being declared incapacitated, they can simply sign a new advance directive, health care proxy, or other planning document. New Jersey law is more complicated. The case In re Roche, 296 N.J. Super….
The Right to Refuse Medical Treatment in New Jersey: What Happens When You Cannot Speak for Yourself?
New Jersey has long been a national leader in recognizing a person’s right to decide what medical treatment they do and do not want. That right includes the ability to refuse life-sustaining treatment, even when refusing treatment may result in death. Although these…
Estate Planning Lessons From New Jersey Supreme Court Will Dispute
Families often assume that a Last Will and Testament clearly reflects a loved one’s wishes and that those wishes will be carried out without controversy. Unfortunately, that is not always the case. A recent decision by the New Jersey Supreme Court, Christakos v….
New Jersey’s Medicaid Estate Recovery Reaches Survivorship Claims
In a published decision issued on April 8, 2025, the New Jersey Appellate Division addressed a significant question involving Medicaid estate recovery: Can the State recover Medicaid benefits paid during a recipient’s lifetime from the proceeds of a survivorship…
Yes, You Can Arbitrate an Estate Dispute in New Jersey
In a prior post, I explained that you cannot arbitrate a Will dispute in New Jersey — at least not through an arbitration clause buried in the Will itself. That remains the law. But a July 2026 decision from the New Jersey Appellate Division, In re Estate of Roseanne…