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…
Living With Family and Losing Medicaid: How In-Kind Support and Maintenance Works — and How a Simple Lease Can Fix It
A 70-year-old woman moves in with her adult son after a stroke. Her only income is $1,200 a month in Social Security. She applies for ABD Medicaid — New Jersey’s Medicaid program for the aged, blind, and disabled — and is told she is over the income limit, which in…
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…
The 5-Year Lookback Rule in New Jersey: What It Is, How It Works, and Why Timing Matters
Of all the rules that govern Medicaid eligibility in New Jersey, none catches families more off guard than the 5-year lookback rule. The concept sounds simple enough: before approving a Medicaid application for long-term care, New Jersey reviews the applicant’s…
Increase in the Medicaid Penalty Divisor Effective April 1, 2026
The New Jersey Department of Human Services, Division of Medical Assistance and Health Services issued Medicaid Communication No. 26-04 on April 6, 2026. The communication announces an increase in the Medicaid penalty divisor, effective April 1, 2026. The penalty…
When Liens Collide: DDD Can Collect Now, Medicaid Must Wait
A decision from the New Jersey Appellate Division published June 17, 2025 (In the Matter of G.W.) has clarified a critical and previously unsettled area of law concerning public benefit liens. The court held that a lien issued by the Division of Developmental…
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.