Press release
New Jersey Medicaid Trust Lawyer Christine Matus Outlines Medicaid Asset Protection Trust Guidance
Medicaid planning remains time-sensitive because New Jersey applies a five-year look-back period to most transfers. A New Jersey Medicaid trust lawyer can help applicants assess prior gifts and re-title assets before any application, reducing the risk of avoidable penalty periods. The Matus Law Group notes that an irrevocable trust, rather than a revocable one, is generally required to prevent assets from being treated as available for cost-of-care calculations. Selecting an independent trustee and funding the trust correctly are also essential steps that support compliance during review.
Under the 2025 figures referenced by the firm, the maximum amount of non-excluded resources an applicant may keep is $2,000. For married couples, the Community Spouse Resource Allowance is the lesser of one-half of the couple's countable resources at institutionalization or $157,920, but not less than $31,584. Personal Needs Allowance amounts are $50.00 for skilled nursing facilities, $124.70 for assisted living, and $2,523.00 for home care. Applicants whose gross monthly income exceeds the limit may establish a Qualified Income Trust, also known as a Miller Trust. For 2025, the QIT income threshold is $2,901.00. A New Jersey Medicaid trust lawyer can structure a plan that aligns income streams, transfer rules, and trust terms with these benchmarks.
The Matus Law Group's summary also clarifies permitted transfers that do not trigger penalties during the look-back period. Transfers to a spouse, to a child under 21, to a blind or disabled child, and to a trust for the benefit of a disabled person under 65 remain allowable. A residence may be transferred to a caregiver child who lived in the home for at least two years and provided care that delayed institutionalization. The firm cautions that using a revocable trust, naming the applicant or spouse as trustee, failing to re-title assets into the trust, or waiting until a crisis arises, frequently undermines eligibility. Early planning with a New Jersey Medicaid trust lawyer can help avoid these pitfalls, align documentation with program requirements, and protect family assets for intended heirs.
The announcement emphasizes that Medicaid rules and figures are subject to annual updates, and that applicants benefit from periodic reviews of existing plans. With careful drafting, an irrevocable Medicaid asset protection trust can separate principal from countable resources while allowing income uses consistent with program standards. Families facing near-term placement decisions are encouraged to gather five years of financial records, verify titling, and evaluate whether a QIT, spousal resource strategies, or exempt transfers are appropriate before filing.
About The Matus Law Group:
The Matus Law Group is a New Jersey law firm led by attorney Christine Matus, serving clients in elder law, Medicaid planning, estate planning, special needs planning, and related real estate matters. The team assists families across Ocean County, Monmouth County, and the broader New Jersey community with forward-looking strategies that protect assets and support long-term care goals. The firm provides tailored trust and estate solutions that align with current New Jersey Medicaid rules and practical family needs. For consultations, call (732) 281-0060 or visit the firm's website to schedule an appointment.
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