Guardianship and Civil Commitment
Almost every day, a family contacts my office with concerns about their loved ones’ mental health and has questions about New Jersey’s Civil Commitment …
Does a Life Estate Holder Who is Also an Owner of Real Estate Get Paid Twice Upon Sale?
Here’s an interesting case. A sister and two brothers are named as owners on a deed. Sister also has life rights to the property. …
Trustee Duties in Settling and Closing Out a Trust
In New Jersey, a trustee may close out and finalize a trust by filing an Action for the Settlement of Accounts with the Superior …
Medicaid Balanced Billing: A Medicaid Approved Provider Cannot Demand More Money Than Medicaid Pays
Balance billing by Medicaid providers is clearly prohibited by both state and federal law. Under 42 U.S.C. § 1396u-2: Each Medicaid managed care organization …
How the SECURE Act Changes Inherited IRA Planning
Federal tax laws which allowed retirement accounts to remain tax deferred by allowing certain beneficiaries to delay the withdrawal of account funds over their …
Are Beneficiaries Entitled to Economic Damages When a Trustee Breaches an Obligation(s) of the Trust
Under N.J.S.A. 3B:31-72(a), [a] trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of: (1) the amount …
Can I Compel a Trustee to Make Distributions of Income During the Winding Up of a Trust?
The general answer is no, unless the trust agreements compels the trustee to make partial distributions during the winding up of the trust and …
Use of Self-Attestation
States may accept self-attestation of non-financial eligibility criteria for Medicaid, except as required by law or regulation (citizenship and immigration status, Asset Verification System). …
Processing New Applications
For Medicaid, CHIP, and BHP, states must accept applications from the applicant, an adult in the applicant’s household, an authorized representative, or if the …
Changes in Circumstances
States must have procedures in place designed to ensure that beneficiaries in Medicaid, CHIP, and a BHP can timely and accurately report changes in …
Reconsideration Period
For MAGI Medicaid and CHIP beneficiaries whose eligibility has been terminated at renewal, the agency must reconsider the individual’s eligibility without requiring the individual …
Considering Eligibility on Other Bases and Eligibility for Other Insurance Affordability Programs
If a Medicaid beneficiary is no longer eligible for the category in which the beneficiary is enrolled, the Medicaid agency must consider whether the …
How Does Medicaid Treat the Alimony Obligation of a Former Spouse?
A client’s father has been paying permanent alimony for about 20 years and is now remarried. Both he and his current wife are receiving …
Renewal Form Requirements
If an ex parte renewal cannot be completed, the agency must provide beneficiaries with a renewal form and request information from the beneficiary. The …
Understanding the Ex-Parte Renewal Process for Continued Medicaid Eligibility When the COVID-19 Public Health Emergency Ends
In my previous blog I discussed how NJ will conduct renewals for continuing Medicaid eligibility. In this blog I will go over understanding the …
How Will NJ Conduct Renewals for Continuing Medicaid Eligibility
In my previous blog I discussed what to do when NJ seeks to terminate your Medicaid long-term care benefits when the COVID-19 emergency ends. …
What to Do When NJ Seeks to Terminate Your Medicaid Long-Term Care Benefits When the COVID Emergency Ends
Under the FFCRA, New Jersey must maintain continuous enrollment of Medicaid beneficiaries through the last day of the month in which the PHE ends, …
Important Information About SSI and SSDI Reviews
Many of our clients with disabilities have recently begun receiving letters from the New Jersey Department of Labor and Workforce Development or the Social …
The Decedent’s Probable Intent Should Be Clearly Stated in His Last Will and Testament
In interpreting how to interpret a will, a testator’s intent “as expressed in his will controls the legal effect of his dispositions, and the …
A Holder of a Life Estate Cannot Force a Partition of Real Estate
A court in NJ is allowed in an action for the partition of real estate to “direct the sale of the real estate if …
How Do You File for Guardianship? A Simple Step-by-Step Explanation
An action for guardianship of an alleged incapacitated individual and the proceedings required for a judgment of incapacity are governed by court rules and …
When Can NJ Tax the Income of a Trust?
I just finished reading statutes which address Tax Nexus and trusts, especially when a trustee administers a NJ trust for out-of-state beneficiaries. I always …
A Medicaid Application Can Be Like a Tax Audit
When describing the Medicaid application process, I often reference it to a tax audit. It is an intrusive government review of an applicant’s finances …
Here’s a Brief Overview of an Involuntary Civil Commitment Process
When a patient presents to a psychiatric screening service, the service has 24 hours to issue a screening certificate to the patient being detained …
When Gifting Real Estate in NJ, What is the Actual Date of the Gift?
We have clients who want to gift to their ownership in New Jersey Real Estate. These clients want to complete their gift in 2022. …
Can a Veteran Receive Both VA Aid & Attendance Benefits AND Medicaid?
Many Veterans (or the widows of war-time Veterans) who receive Aid & Attendance benefits also need Medicaid. A Veteran and his/her spouse can receive …
After Divorce, What Agreements Should You Review to Protect Loved Ones?
Just divorced? Getting divorced? Been divorced and haven’t done anything about changing key documents? Obviously, I think it is important that you review your …
Estate Planning: Beware of the Gift of Debt
It’s great to inherit property but what if that gift brings with it a big string – a string of debt attached to it …
Can a Surviving Spouse Avoid Probate in NJ When the Estate Value is Small?
The short answer is yes. In the absence of a will, if a deceased spouse owned less than $50,000 of assets to his or …
Dealing with Unexplained Deposits When Applying for Medicaid
Many Medicaid applications involve issues surrounding bank deposits. As part of the Medicaid application process, the State demands documentation of withdrawals from an applicant’s …