Your state's pack. New issue every Monday. Bookmark it. I built this for the North Dakota T&E solo who knows Title 30.1 cold but still loses an afternoon a week tracking the moving ND Medicaid pieces — and who has to plan around expanded estate recovery that reaches joint tenancy and survivorship interests.
For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.
Three developments I think actually matter to a North Dakota T&E solo. Each has a read that lands on your practice specifically — and each comes with a reachable citation so you can verify it yourself before you use it with a client.
N.D.C.C. § 50–24.1–07 makes the total amount of medical assistance a preferred claim against the estate of a recipient 55+ (and the estate of the recipient's spouse), reaching assets passing by joint tenancy, survivorship, and similar arrangements.
This is the structural fact a ND Medicaid plan is built around. A bare TOD deed or joint-with-survivorship title does not by itself escape recovery; an irrevocable trust or a completed transfer outside the look-back is the real shield. The malpractice trap is assuming probate avoidance equals recovery avoidance.
N.D.C.C. § 50–24.1–07 · ndlegis.gov
North Dakota enacted the Uniform Probate Code at Title 30.1 and the Uniform Real Property Transfer on Death Act at Ch. 30.1–32.1, effective August 1, 2011, letting an owner record a TOD deed that passes real property outside probate.
The TOD deed avoids probate — but because recovery is expanded, pairing it with a recovery analysis matters. Use it for non-recovery clients freely; for LTC clients, model whether HHS can still reach the asset.
N.D.C.C. §§ 30.1–32.1–01 et seq. · ndlegis.gov
Maximum CSRA is $162,660 (minimum $32,532); the single-applicant resource limit is $3,000; the nursing-home income standard is $2,982/mo (300% FBR); ND applies the $752,000 home-equity limit.
Two places this lands: community-spouse protection math and high-value-home clients. Flag the 2028 OBBBA $1,000,000 flat home-equity cap now.
42 U.S.C. § 1396p · CMS 2026 Standards (medicaid.gov)
This week in North Dakota for the T&E solo with ND Medicaid-planning clients: what the State Bar Association of North Dakota, ND HHS, and CMS put in front of you.
The bar CLE calendar, the ND HHS bulletins, and the federal standards all publish on different schedules. This is that sift, already done, with the link on each item.