N.J. Estate & Elder Law

A Blog by Jose D. Roman, Esq.

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ACLU New Jersey Fights for Disabled Child’s Right to Healthcare in Medicaid Case

ACLU New Jersey Fights for Disabled Child’s Right to Healthcare in Medicaid Case

Feb 4, 2025 | Legal Bulletin, Medicaid | 0 Comments

In an interesting case from last year, J.R. v. Horizon NJ Health, A-2028-21 (February 5, 2024), the American Civil Liberties Union (ACLU) of New Jersey, supported by advocacy groups like Disability Rights New Jersey and the National Health Law Program, took on a…

Ex-Spouse’s Right to Payable on Death Bonds Not Altered by Divorce Agreement

Ex-Spouse’s Right to Payable on Death Bonds Not Altered by Divorce Agreement

Feb 3, 2025 | Estate Administration, Estate Planning, Legal Bulletin, NJ Supreme Court, Probate | 0 Comments

On January 27, 2025, in In the Matter of the Estate of Michael D. Jones, Deceased (A-28-23) (088877) the Supreme Court of New Jersey addressed whether an ex-spouse’s right as the pay-on-death (POD) beneficiary of U.S. savings bonds was modified by the couple’s divorce…

Medicaid Applicant’s Transfer of Funds to Irrevocable Family Trust for Future Child Support Obligation Upheld

Medicaid Applicant’s Transfer of Funds to Irrevocable Family Trust for Future Child Support Obligation Upheld

Jan 28, 2025 | Irrevocable Family Trusts, Legal Bulletin, Medicaid, Medicaid Planning, Trusts | 0 Comments

In a recent Superior Court of New Jersey, Appellate Division decision, W.F. v. Morris County Department of Family Services, the court reversed the imposition of a Medicaid transfer penalty for funds placed in trust to meet future child support obligations.  Background…

Medicaid Communication 25-01: Income and Resource Standards for Medicaid Only & Rates for Home and Community Based Services

Medicaid Communication 25-01: Income and Resource Standards for Medicaid Only & Rates for Home and Community Based Services

Jan 27, 2025 | Legal Bulletin, Medicaid, Medicaid Planning, Medicaid Updates | 0 Comments

The New Jersey Department of Human Services, Division of Medical Assistance and Health Services issued Medicaid Communication No. 25-01 on December 24, 2024. The document includes updates to certain eligibility and post-eligibility calculations, and reflects a 2.5%…

Do You Need to Register Your Will in New Jersey?

Do You Need to Register Your Will in New Jersey?

Jan 26, 2025 | Estate Administration, Estate Planning, Last Will and Testament, Probate | 0 Comments

When it comes to estate planning, creating a Will is one of the most important steps you can take to ensure your assets are distributed according to your wishes. However, many people are unsure about whether they need to register their Will in New Jersey. Here’s what…

Tax Sale Law Violates Fifth Amendment Takings Clause Says NJ Supreme Court

Tax Sale Law Violates Fifth Amendment Takings Clause Says NJ Supreme Court

Jan 25, 2025 | Consumer Advocacy, Legal Bulletin, NJ Supreme Court | 0 Comments

On January 9, 2025, the New Jersey Supreme Court issued a decision addressing whether the state’s old Tax Sale Law (before it was amended in 2024) violated the Fifth Amendment Takings Clause by allowing the forfeiture of surplus equity from tax foreclosures without…

N.J. Supreme Court Says Adult Protective Services Not Responsible for Attorney Fees for Appointed Guardianship Counsel: In the Matter of A.D.

N.J. Supreme Court Says Adult Protective Services Not Responsible for Attorney Fees for Appointed Guardianship Counsel: In the Matter of A.D.

Jan 23, 2025 | Guardianship, Legal Bulletin, NJ Supreme Court | 0 Comments

On December 11, 2024, the New Jersey Supreme Court issued its opinion for In the Matter of A.D., (A-30/31-23) (088942) addressing whether court-appointed attorneys and temporary guardians are entitled to fee awards from Adult Protective Services (APS) when an…

Does My Money Go to the Government if I Die With No Will?

Does My Money Go to the Government if I Die With No Will?

Jan 22, 2025 | Estate Administration, Estate Planning, Intestate Estate (No Will), Last Will and Testament, Probate | 0 Comments

Death is not a topic many of us like to dwell on, but planning for the inevitable is essential to ensure that your hard-earned money and assets are distributed according to your wishes. One question that often arises is: what happens if you die without a Will?…

Understanding Medicaid Estate Recovery in New Jersey

Understanding Medicaid Estate Recovery in New Jersey

Jan 21, 2025 | Estate Administration, Medicaid, Medicaid Estate Recovery | 0 Comments

Medicaid provides crucial health coverage for individuals and families with limited income and resources, as well as people who require long-term nursing care. However, many recipients and their families may not realize that Medicaid is often entitled to be paid back…

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