A key element of estate planning is to remember that things change. Assets today might not be available down the road. At the same time, assets might grow and require money to be moved around or reallocated when a spouse passes away.

The best estate planning strategies offer flexibility so that loved ones can analyze situations and make decisions when someone passes away. Rather than adhering to stiff plans with complex trust structures, estate planners can add flexibility and achieve significant tax advantages through the use of qualified disclaimers.

A recent court case out of New Jersey, C.F.J. v. Division of Med. Assistance & Health Servs., highlights the duties of a Medicaid office to help applicants obtain required information. Although this case is non-binding, it is a good reminder of how and when a Medicaid office can help applicants with their documents.

Here, the Medicaid applicant, C.F.J., entered into a nursing home and a Medicaid application was submitted on her behalf. After review of her application, the local Medicaid office requested certain documentation from her, including Direct Express debit card statements from August 2009 to August 2014. C.F.J did not remit those statements, and her application was subsequently denied. C.F.J. once again submitted an application, the Direct Express documents were once again requested and unremitted, and her application was denied.