Recovery scope
Expanded estate for deaths on or after April 1, 1995, including probate property and specified interests passing through joint tenancy, tenancy in common, survivorship, life estate, living trust, and other arrangements named by the rule.
Controlling authority
New Jersey Administrative Code 10:49-14.1
Exemptions and deferrals
No lien or recovery is enforced until the rule's conditions are met, including no surviving spouse and no surviving child who is under 21 or blind or permanently and totally disabled.
Hardship-waiver path
DMAHS may waive or compromise when the recoverable estate is or would become the survivors' sole income-producing asset and collection would likely make a survivor eligible for public assistance or Medicaid; both parts of the test apply.
Lien practice
Liens may attach to expanded-estate interests and must describe the extent of the beneficiary's interest when known. Bona-fide purchasers for fair market value are protected, with recovery redirected to the estate.
Sources and update policy
Methodology & sources
Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.
This page is educational and is not legal advice.