New Jersey Statutes 30:4D-7.2a. Encumbrances, recovery limited against certain estates
Terms Used In New Jersey Statutes 30:4D-7.2a
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
a. The “New Jersey Medical Assistance and Health Services Act,” P.L.1968, c.413 (C. 30:4D-1 et seq.), under any of the following circumstances: (1) the amount sought to be recovered is less than $500, the gross estate is less than $3,000 or there is a surviving spouse or a surviving child who is under the age of 21 or is blind or permanently and totally disabled, except for assistance incorrectly or illegally paid, or for third party liability recovery sought under P.L.1968, c.413 (C. 30:4D-1 et seq.); (2) in the case of a recipient who became deceased on or after the effective date of P.L.1995, c.289, if there is a surviving spouse or a surviving child who is under the age of 21 or is blind or permanently and totally disabled, except for assistance incorrectly or illegally paid, or for third party liability recovery sought under P.L.1968, c.413 (C. 30:4D-1 et seq.); or (3) in the case of a recipient who has been afforded asset protection under a long-term care insurance partnership in accordance with the provisions of the federal “Deficit Reduction Act of 2005,” Pub.L.109-171, up to the amount of assets disregarded at the time of eligibility determination; or
b. The “Pharmaceutical Assistance to the Aged and Disabled” program, P.L.1975, c.194 (C. 30:4D-20 et seq.), except for assistance incorrectly or illegally paid, or for third party liability recovery sought under P.L.1968, c.413 (C. 30:4D-1 et seq.).
L.1981, c.217, s.1; amended 1983, c.371; 1992, c.115, s.2; 1995, c.289, s.2; 2009, c.321, s.1.