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 …
Over Age 62? Consider a Domestic Partnership Instead of Getting Married
In love with someone but don’t want to get married? There is an alternative to marriage in New Jersey. It’s called a Domestic Partnership. …
Understanding the Role of a Trustee(s) in a Family Trust That Owns a Family Corporation
I read an interesting trust litigation case which was decided in the Federal District Court of New Jersey. The case involves the New Jersey …
When There is a Child with Disabilities, Special Planning Must Be Factored into the Divorce Agreement… or Else!
Careful planning and consideration must go into divorce and custody agreements to protect a special needs child and maximize access to important services and …
Can You Inherit Bitcoin?
Are you or have you already bought into the crypto craze? If you don’t own cryptocurrency yourself, odds are you’re related to someone who …
Is it a Good Idea to Add a Clause to a Power of Attorney Which Requires a Second Signature for Large Transactions?
Clients often ask whether they should specify in their Power of Attorney that a second signature is required for transactions over $10,000.00 (for example). …
Sick of New Jersey’s Obscene Taxes? Then Consider Changing Your Domicile and Move to Florida
Sick of New Jersey’s high taxes and anti-business politics in the state legislature? Then join the growing list of ex-patriots leaving for Florida and …
Beware of the Beneficiary Form (Part 4 of 4)
This is the fourth and final article about beneficiary designation and NJ probate and estate planning. For non-retirement assets with beneficiaries correctly titled, your …
What is Legal Liability of an Incapacitated Person Who Signs a Contract?
A contract with an incapacitated person is generally voidable by the incapacitated party. Voidable means it can be cancelled by a legal representative of …