by Jose D. Roman | Jun 17, 2025 | Estate Administration, Estate Planning, Last Will and Testament, Power of Attorney
In today’s world, estate planning isn’t just about physical property or bank accounts. Increasingly, individuals are amassing significant digital assets—social media accounts, cryptocurrency, online business platforms, cloud storage, digital photos, frequent flyer miles, and more. If you’re a New Jersey resident, planning for these assets is not only prudent but essential. Without a clear plan, your digital legacy could be lost, inaccessible, or mismanaged after death.
What Are Digital Assets?
Digital assets include any online account or digital file that you own or control. This could be:
- Financial accounts like PayPal, Venmo, cryptocurrency wallets, and investment apps
- Social media and email (Facebook, Instagram, Gmail)
- Subscriptions (Netflix, Dropbox, Amazon)
- Online businesses or monetized content on platforms like Etsy, YouTube, or Substack
- Intellectual property such as domain names, eBooks, or digital art stored online
New Jersey and the Revised Uniform Fiduciary Access to Digital Assets Act
New Jersey has adopted Revised Uniform Fiduciary Access to Digital Assets Act(RUFADAA), a law that governs how fiduciaries (like executors of a will or agents under a power of attorney) can access your digital assets. Under RUFADAA:
- You can authorize or restrict access to digital assets via a will, trust, or power of attorney.
- If no specific authorization exists, the service provider’s Terms of Service Agreement usually controls access.
- Some platforms allow you to name a “legacy contact” (Facebook for example) or designate what happens to your data after death (Google Inactive Account Manager).
Why You Need a Digital Estate Plan
Without proper planning, loved ones may not be able to access essential financial records or sentimental content. Worse, your identity or business could be compromised if unattended digital accounts remain open.
A digital estate plan ensures:
- Access to critical financial information
- Protection of sensitive personal data
- A clear path for digital legacies or online businesses
- Fulfillment of your final wishes, including digital memorials or deletions
Steps to Include Digital Assets in Your Estate Plan
- Inventory your digital assets. List your accounts, usernames, and approximate value or importance.
- Choose an agent. Name someone you trust to handle these assets—this can be part of your will or separate, depending on complexity.
- Document access. Store passwords securely using a password manager and include instructions in a secure letter of instruction or digital vault.
- Provide legal authorization. Update your estate planning documents to explicitly authorize access to digital assets in accordance with RUFADAA.
- Review terms of service. For major accounts, check if the provider allows you to set legacy preferences.
A Final Word
In New Jersey, failing to address your digital assets in your estate plan can create legal uncertainty and emotional stress for your loved ones. As technology continues to evolve, so too must our approach to estate planning. If you’re unsure where to begin, consult an estate planning attorney who understands the unique challenges and opportunities posed by digital assets.
by Jose D. Roman | May 21, 2025 | Estate Administration, Estate Planning, Intestate Estate (No Will), Last Will and Testament, Probate
If you inherit a house in New Jersey with someone else and you disagree on whether it should be sold, the situation will likely fall under property law and co-ownership rules. Here’s an overview of your options:
1. Try to Negotiate or Reach an Agreement
- Discuss the situation with the co-owner to try and reach a compromise. This could involve buying out the other person’s share, agreeing to rent the property, or setting terms for its sale.
- Mediation with a neutral third party can help if direct negotiation isn't successful.
2. Partition Action (Court Involvement)
- If you cannot agree, either party can file a lawsuit for partition in the Superior Court of New Jersey.
- A partition action can result in one of two outcomes:
- Partition by Sale: The court orders the property to be sold, and the proceeds are divided between the co-owners according to their ownership shares.
- Partition in Kind: If feasible, the court physically divides the property. However, this is rare for residential properties because splitting a house isn’t practical.
- Legal costs will be involved, and the court's decision is binding.
3. One Party Buys Out the Other
- If one person wants to keep the house, they could offer to buy out the other’s share. An appraisal may be needed to determine the home's fair market value.
- This option avoids the costs and delays of a court proceeding.
4. Co-Ownership Agreement
- If you and the co-owner can reach a temporary agreement, you might create a written contract outlining how the property will be managed, sold, or divided in the future.
5. Sale Through Agreement
- If both parties ultimately agree to sell, you can jointly list the house for sale and split the proceeds according to your ownership percentages.
Key Considerations:
- Legal Counsel: It’s advisable to consult a attorney experienced in New Jersey law. They can guide you through negotiations, prepare documents, or represent you in court if necessary.
- Costs: If the matter goes to court, both parties may incur legal and court fees.
- Time: A partition action can take months or even years to resolve.
- Property Expenses: Until the matter is resolved, co-owners are typically jointly responsible for property taxes, mortgage payments (if applicable), and upkeep.
by Jose D. Roman | Apr 10, 2025 | Consumer Advocacy, Legal Bulletin, Medicaid, Medicaid Planning, Medicaid Updates
The situation is all too common for Elder Law attorneys and their Medicaid applicant clients – a denial or termination of benefits due to supposedly insufficient documents, even when the agency is provided with everything it asked for. A recent decision, M.L. v. Essex County Division of Family Assistance and Benefits, A-0884-23 (March 18, 2025), highlights the typical scenario where the agency arbitrarily denies an application for reasons not apparent until after the fact. The court’s ruling underscores the importance of procedural fairness in Medicaid eligibility determinations and provides a summary of the law for advocates to use when pushing back on denials or terminations based on insufficient documents.
Case Background
M.L., an elderly nursing home resident, applied for Medicaid benefits on March 31, 2023. The Essex County Division of Family Assistance and Benefits initially requested additional documentation, including bank statements from Wells Fargo, to verify financial eligibility. M.L. promptly requested and obtained these records from his bank and provided copies to Essex County before the deadline. However, Essex County denied his application, claiming that he provided insufficient financial documentation and had unexplained withdrawals. M.L. promptly filed an appeal, as well as a second Medicaid application. The second application contained additional records, including records from a newly discovered Citizens Bank account. During the appeal, M.L. argued that he had substantially complied with Essex County’s requests. An administrative law judge (ALJ) agreed, ruling that M.L. had satisfied Medicaid eligibility requirements. However, the Division of Medical Assistance and Health Services (DMAHS) rejected the ALJ’s decision, affirming the original denial on the grounds that M.L. failed to provide all required documentation within the designated timeframe, including the additional statements from the Citizens Bank account.
Appellate Court’s Summary of the Law
Upon review, the Appellate Division found DMAHS’s final decision to be arbitrary, capricious, and unreasonable. The Court provided a useful review of New Jersey regulatory law that applies in these circumstances, which is summarized below.
The local County Welfare Agency (CWA) and its caseworkers “exercise direct responsibility in the application process to . . . receive applications.” N.J.A.C. 10:71-2.2(c)(2). The caseworker is charged with evaluating an applicant’s eligibility for Medicaid benefits. N.J.S.A. 30:4D-7a; N.J.A.C. 10:71-2.2(a); N.J.A.C. 10:71-3.15. “The process of establishing eligibility involves a review of the application for completeness, consistency, and reasonableness.” N.J.A.C. 10:71-2.9.
While the applicant is “the primary source of information,” the caseworker is responsible for making “the determination of eligibility and to use secondary sources when necessary, with the applicant’s knowledge and consent.” N.J.A.C. 10:71-1.6(a)(2). The caseworker is not limited in the use of secondary sources to obtain necessary verification information. N.J.A.C. 10:71-4.1(d)(3) states:
The CWA shall verify the equity value of resources through appropriate and credible sources . . . . If the applicant's resource statements are questionable, or there is reason to believe the identification of resources is incomplete, the CWA shall verify the applicant's resource statements through one or more third parties.
The applicant is responsible for cooperating fully with the verification process if the caseworker must contact a third party to verify an applicant’s resources. N.J.A.C. 10:71-4.1(d)(3)(i). The agency may perform a collateral investigation to “verify, supplement or clarify essential information.” N.J.A.C. 10:71-2.10(b).
Under N.J.A.C. 10:71-2.2, the caseworker must communicate with the applicant regarding the claimed deficiencies and then, under N.J.A.C. 10:71-2.10(b), provide an opportunity for the applicant to verify, supplement, or clarify the information before denying an application.
N.J.A.C. 10:71-2.2(e)(1) to (3) requires an applicant to:
- Complete, with assistance from the CWA if needed, any forms required by the CWA as a part of the application process;
- Assist the CWA in securing evidence that corroborates his or her statements; and
- Report promptly any change affecting his or her circumstances.
N.J.A.C. 10:71-2.2(c)(1) to (5) requires a caseworker to:
- Inform the applicants about the purpose and eligibility requirements for Medicaid Only,
- Inform them of their rights and responsibilities under its provisions and inform applicants of their right to a fair hearing;
- Receive applications;
- Assist . . . applicants in exploring their eligibility for assistance;
- Make known to . . . applicants the appropriate resources and services both within the agency and the community, and, if necessary, assist in their use; and
- Assure the prompt and accurate submission of eligibility data to the Medicaid status files for eligible persons and prompt notification to ineligible persons of the reasons for their ineligibility.
State agencies must “turn square corners” with the public they serve in carrying out their statutory responsibilities. W.V. Pangborne & Co. v. N.J. Dep't of Transp., 116 N.J. 543, 561–62 (1989). When this bedrock principle is read together with the above regulations, the dispositive legal conclusion is that both the applicant and the County have a duty under the regulations to take affirmative steps to communicate with each other regarding a pending application. The scope of this joint duty clearly includes the parties’ efforts to clarify prior communications about a pending application.
Court’s Ruling
Based on the summary of the law, the Appellate Division found that the applicant promptly gave the County what it asked for-- namely, the Wells Fargo statements. Upon receipt, the County’s duty was to review the pending application and notify the applicant concerning what, if any, additional information was required to make an eligibility determination. The record showed that the County failed to do so. Instead, it denied the March 31 application and only then informed the applicant that his application was deficient.
It followed that DMAHS’s final administrative decision adopting the improper denial of the March 31 application was arbitrary, capricious, and unreasonable. The Appellate Division reversed DMAHS’s decision and sent the case back to the County, instructing the agency to reopen and process M.L.’s Medicaid application.
Final Thoughts
Though practitioners know it is often the exception, this case serves as a crucial reminder that government agencies must adhere to procedural fairness when assessing Medicaid applications. Applicants have a right to clear communication and a reasonable opportunity to provide necessary documentation. Furthermore, state agencies cannot deny benefits based on minor technicalities or failures in their own procedures.
For Medicaid applicants facing similar challenges, this ruling reinforces the importance of persistence and legal advocacy. If you or a loved one has been wrongfully denied Medicaid benefits, consider consulting with an experienced attorney to ensure your rights are protected.
by Jose D. Roman | Mar 6, 2025 | Medicaid, Medicaid Planning
Since President Donald J. Trump’s re-election, discussions about the future of Medicaid have intensified. In January 2025, the Trump administration temporarily paused federal financial assistance—sparking widespread uncertainty about Medicaid funding. Although the order was later rescinded, concerns over potential funding disruptions remain.
In February 2025, House Republicans narrowly passed a budget resolution proposing $4.5 trillion in tax cuts paired with $2 trillion in spending reductions over the next decade. Notably, the budget includes $880 billion in cuts to Medicaid, a figure that has ignited debates, even within the GOP. And let’s be clear in case you hear anyone saying Medicaid is safe – the nonpartisan Congressional Budget Office has stated that Republicans cannot meet their $880 billion target without resorting to drastic cuts to Medicaid. To understand what’s at stake, let’s examine how Medicaid is structured in New Jersey.
What Is Medicaid?
Medicaid is a joint federal and state program that offers free or low-cost health coverage to eligible low-income individuals and families. It covers a broad range of services—from doctor visits and hospital stays to prescription drugs, preventive care, mental health services, and long-term care. Each state administers its own Medicaid program within federal guidelines, which means eligibility requirements and covered services can vary. Medicaid primarily serves very low-income adults, children, pregnant women, seniors, and individuals with disabilities, ensuring that vulnerable populations have access to essential healthcare. In New Jersey, Medicaid is divided into several programs, each targeting specific groups and each with their own eligibility criteria.
A. NJ FamilyCare Medicaid
NJ FamilyCare is a Medicaid program that provides free or low-cost coverage to eligible New Jersey residents under age 65. It includes Medicaid, the Medicaid expansion under the Affordable Care Act (New Jersey is one of the states that has opted in by accepting federal funding), and the Children's Health Insurance Program (CHIP). The expansion Medicaid component is widely expected to be targeted for cuts because it includes the often unfairly maligned Affordable Care Act Medicaid – the “Obamacare” expansion of Medicaid.
- Who Does NJ FamilyCare Medicaid Cover?
Adults aged 19 to 64 can access NJ FamilyCare if their household income is at or below 138% of the Federal Poverty Level/FPL (133% plus a 5% income disregard). This is incredibly low and many adult minimum wage workers find themselves ineligible for Medicaid. For example this is a mere $21,597 per year for an individual and $44,367 for an adult living in a household of four. Pregnant people and children have more generous eligibility limits at 205% FPL for pregnant people and up to 355% FPL for children. These categories all fall under the umbrella of Modified Adjusted Gross Income (MAGI) Medicaid and only consider income, not assets when determining eligibility. Therefore, anyone of working age who abruptly loses their income can apply and receive health coverage without consideration of their assets such as retirement savings.
- Who Will Be Impacted When NJ FamilyCare is Cut?
The answer is simple. Pregnant women, children and low wage-earning adults who don’t have access to or cannot reasonably afford high-cost employer sponsored coverage will take the brunt of the impact.
B. SSI Medicaid and “Medicaid Only”
Individuals in New Jersey who qualify for Supplemental Security Income (SSI) benefits (a basic income support program) are automatically enrolled in Medicaid ensuring that they have access to health coverage. In addition, the “Medicaid Only” program extends coverage to individuals who have income and resources under the SSI limits but don’t actually receive SSI payments.
- Who Does SSI Medicaid and Medicaid Only Cover?
SSI is a program that provides income support to seniors 65 and over, blind individuals, and disabled individuals who have zero or very low income. For 2025, eligible individuals with countable income below $967 per month and $2,000 or less in assets can qualify for SSI payments. For a couple the figures are $1,450 per month and $3,000 in assets. Essentially these are individuals with almost nothing in terms of basic income and assets who are living month to month.
- Who Will Be Impacted When SSI Medicaid and Medicaid Only is Cut?
The answer is pretty straightforward, though depressing. Seniors and individuals who have been found to meet the federal government’s standards for blindness and permanent disability, who have zero or very little income. Essentially the poorest senior citizens and the poorest individuals with disabilities may find themselves without access to essential health coverage when SSI Medicaid and Medicaid Only is cut.
C. Disabled Adult Child (DAC) Medicaid
Disabled Adult Child (DAC) Medicaid is specifically targeted toward individuals with disabilities, whose condition began before age 22. It allows them to retain Medicaid benefits even when their income suddenly exceeds SSI eligibility parameters.
- Who Does DAC Medicaid Cover?
Essentially the program allows individuals with disabilities, whose condition began before age 22, to maintain Medicaid coverage even if they become ineligible for SSI or Medicaid Only due to receiving Social Security Disability Insurance (SSDI) benefits based on a parent’s earnings record. This situation typically arises when a parent retires, becomes disabled, or passes away, triggering SSDI benefits for the adult disabled child. While the increase in income from SSDI may disqualify the individual from SSI, federal law ensures the continuation of Medicaid benefits for those who were previously eligible under SSI but have lost it due to SSDI benefits. This safeguard is crucial, as Medicaid often covers services and supports not provided by Medicare or private insurance, ensuring that individuals with disabilities continue to receive necessary care without interruption.
- Who Will Be Impacted When DAC Medicaid is Cut?
DAC Medicaid primarily benefits individuals with developmental and intellectual disabilities. However, since it impacts anyone whose condition began before the age of 22 it includes a wide variety of individuals struggling with physical, intellectual or mental disabilities. It’s sad but true – when this program is cut it will impact adult disabled individuals who have relied on Medicaid for most of their life.
D. Aged Blind Disabled (ABD) a/k/a Special Medicaid Program
In New Jersey, the Aged, Blind, and Disabled (ABD) Medicaid program, also known as Special Medicaid, provides supplemental healthcare coverage to seniors and individuals with disabilities who receive Medicare benefits. The program pays Medicare premiums, covers Medicare co-pays and deductibles, and offers services not covered by original Medicare Part A and B such as dental coverage.
- Who Does ABD/Special Medicaid Cover?
The program is open to low income individuals who are 65 years or older, blind or disabled and also receive Medicare. The income limits for ABD Medicaid are based on the Federal Poverty Level (FPL). As of 2025, the income limit is 100% of the FPL, which is $1,304 for an individual and $1,763 for a married couple. The program also has asset limits: for individuals, the limit is $4,000, and it is $6,000 for couples.
- Who Will Be Impacted When ABD/Special Medicaid is Cut?
Retired seniors with low income who are living month to month on social security will be impacted significantly. Essentially this will punish retired individuals who worked in low wage jobs. It will also impact low income blind and disabled individuals who receive Medicare. It is sad as these individuals living off of less than $2000 per month will now need to figure out how to pay additional healthcare expenses, including Medicare premiums, co-pays and deductibles, and essential non-covered services such as dental and home health aides. Many will forego essential medical care altogether due to the cost.
E. NJ Workability
NJ WorkAbility is a program that enables employed individuals with disabilities to obtain comprehensive Medicaid coverage. The program has generous limits compared to other Medicaid programs. Essentially it was designed to encourage individuals with disabilities to work without fear of losing their health insurance.
- Who Does NJ WorkAbility Medicaid Cover?
Eligibility for NJ WorkAbility Medicaid was recently expanded and is now relatively simple. You must be a New Jersey resident, have a disability determination by the Social Security Administration or the State, and have proof of employment. The program does not specify a minimum number of work hours or earnings to qualify, so even individuals with small part-time or irregular jobs can qualify as long as there is proof of employment. The program does not have an asset limit and does not count a spouse’s income. People with countable income above 250% FPL may have to pay a premium on a rising scale.
- Who Will Be Impacted When NJ WorkAbility Medicaid is Cut?
Working individuals with disabilities will lose insurance or have increased insurance and healthcare costs when NJ WorkAbility is cut. This is unfortunate, especially when the people advocating for Medicaid cuts often claim that Medicaid recipients choose not to work so they can keep public benefits.
F. Managed Long Term Services and Supports (MLTSS) Medicaid
Managed Long Term Services and Supports (MLTSS) is a New Jersey Medicaid program designed to provide comprehensive long-term care services to individuals who require assistance due to age, disability, or chronic illness. MLTSS covers services beyond those offered by standard Medicaid, including nursing home care, home and vehicle modifications, home-delivered meals, and assisted living services.
- Who Does MLTSS Medicaid Cover?
Because Medicare does not cover long term care such as nursing home care, qualifying for Medicaid is typically the only way most people can pay for these services. However, this program is extremely complicated, and many individuals hire a lawyer when applying for the program. The application process includes a “five-year lookback,” which is a detailed examination of the income and assets of the applicant and their spouse in the prior 60-month period. To be eligible, an individual applicant’s monthly income must not exceed $2,901 (2025) and countable assets are limited to $2,000. The application process includes looking at a married couples combined assets even if they are not jointly owned. The application often will need to spend down assets in order to meet the $2000 limit. The non-applicant spouse may also need to spend down assets because the amount he or she can retain is limited to between $31,584 and $157,920. These guidelines are meant to ensure that poor and middle-class individuals have access to essential long-term care services while maintaining some financial stability.
- Who Will Be Impacted When MLTSS Medicaid is Cut?
With nursing care often costing in excess of $10,000 per month MLTSS Medicaid and similar programs throughout the county has become the backbone of our long term care system. Any cuts to this program will cause significant disruption to people in need of nursing home, assisted living or similar services at home.
Final Thoughts
The proposed Medicaid cuts could have far-reaching consequences for some of our most vulnerable citizens. In New Jersey, each Medicaid program serves a critical role—from providing essential coverage to low-income adults, pregnant individuals, and children to supporting seniors and those with disabilities. Drastic reductions in Medicaid funding would not only undermine healthcare access but also exacerbate financial insecurity for many families.
