Legally Reviewed by Richard Miller, Esq. on September 22, 2026
The October edition of our Elder Law, Probate Litigation & Special Needs Newsletter is out now — and it’s packed with insights you won’t want to miss.
📰 This month’s highlights include:
• A new Appellate Decision underscoring the importance of Medicaid Clinical Eligibility
• Understanding your Basic Rights in Special Education
• Tony Bennett’s Estate Dispute — Lessons in choosing the right Executor
• Plus: recent firm events and updates!
📖 Read the full newsletter here.
Frequently Asked Questions About Elder Law and Estate Planning in New Jersey
What is Medicaid Clinical Eligibility and why does it matter for elder law planning in New Jersey?
Medicaid Clinical Eligibility refers to the medical criteria an individual must meet to qualify for certain levels of Medicaid-funded long-term care in New Jersey, such as nursing facility services. A clinical eligibility determination is a prerequisite for the financial eligibility review process. New Jersey families planning for long-term care should understand both the clinical and financial requirements to avoid delays or denials when care becomes necessary.
What are the basic legal rights of students with disabilities in New Jersey’s public schools?
Students with disabilities in New Jersey are entitled to a free appropriate public education under federal law, including the Individuals with Disabilities Education Act, and under state special education regulations. These rights include the development of an individualized education program, procedural safeguards for parents and guardians, and access to related services needed to benefit from education. Families who believe a school district is not fulfilling its obligations may request a due process hearing or pursue mediation.
What should New Jersey families know about choosing an executor for an estate?
An executor is responsible for administering a decedent’s estate, which includes gathering assets, paying debts and taxes, filing required returns, and distributing property to beneficiaries. The right executor should be organized, trustworthy, and capable of working with an estate attorney to complete the probate process efficiently. Choosing someone without the time, temperament, or organizational ability for the role can lead to delays, beneficiary disputes, and potential personal liability for the executor.
How can an elder law attorney assist New Jersey families with probate and long-term care planning?
An elder law attorney can help families create comprehensive plans that address potential long-term care costs, preserve assets within applicable Medicaid rules, protect the rights of individuals with disabilities, and prepare estate planning documents tailored to the family’s goals. When a family member passes, an elder law attorney can guide the family through the probate or estate administration process, address creditor claims, and help resolve disputes that arise among beneficiaries.
ABOUT THE ATTORNEY
Chair, Elder Law Practice Group, Mandelbaum Barrett PC
Richard Miller, Esq. is the Chair of the Elder Law Practice Group at Mandelbaum Barrett PC. He represents individuals and families in Medicaid planning, special needs trusts, guardianship proceedings, probate litigation, and estate administration throughout New Jersey.