THE GOAL OF DIVORCE MEDIATION: A “GOOD” DIVORCE A “good” divorce accomplishes 3 objectives: Legal Divorce – ends the marriage or civil union within a reasonable time of the decision to divorce, without high legal fees that drain the family’s finances, and with a minimum of acrimony and fighting. Economic Divorce – separates the marital.. read more →
A bipartisan bill that would freeze the estate tax at the level that will prevail in 2009 under the current law has been introduced in the Senate. The legislation, S.3284, was introduced July 17, 2008, by Sens. Tom Carper (D-DE), Patrick Leahy (D-VT) and George Voinovich (R-OH). The bill would create a lifetime estate tax.. read more →
In the Matter of the Estate of Madeleine Stockdale, the New Jersey Supreme Court considered the circumstances in which it is appropriate to award punitive damages against a party in a court proceeding who has engaged in undue influence in the creation of a will or testamentary trust, or in improperly securing an gift of.. read more →
For a number of years now, elder law attorneys in New Jersey have often achieved success in court applications seeking to reform a support trust established under the will of the parents or relatives of a disabled adult child so that the amended support trust met the statutory requirements of a special needs trust (“SNT”)… read more →
Parents raising children with special needs face significant extra costs for therapies, rehabilitation and specialty medical care, among other costs. A new study found that families with similar demographics and nature of their children’s special needs have different out-of-pocket health expenditures depending on the state in which they live. The study found that wealthier states.. read more →
In probate or guardianship litigation, claims are often made that an elderly parent or family member is incapacitated (or incompetent) and that he or she is susceptible to or the victim of undue influence. Recently, I have been involved in litigation in which the sole claim asserted is that the elderly family member is susceptible.. read more →
I had my first experience with internet radio on July 1st when I was interviewed live on the Focus On Seniors Radio program on wsRadio.com, Internet Radio | Internet Talk Radio Shows, on the subject of Elder Mediation. The title of the program is “What are the benefits of elder mediation?” The program guide described.. read more →
The federal statute concerning the stimulus checks exempts them from being counted as income by any federally funded program like Medicaid or SSI. Further, the checks are not counted as resources in the month of receipt or the following two months.The Center for Medicare and Medicaid Services (CMS) issued a notice on this issue which.. read more →
The Department of Veterans Affairs (VA) offers a wide range of benefits and services to eligible veterans, members of their families, and survivors of deceased veterans. VA programs include disability compensation and pensions, readjustment benefits, and health care programs. The VA also provides life insurance, burial benefits, housing and other loan guaranty programs, and special.. read more →
In a new published opinion, Burke et al. v. Sea Point Realtors et al., DOCKET NO. A-5652-06T1, App. Div. (May 30, 2008), the Appellate Division of the state’s Superior Court held that a guardian in New Jersey has an affirmative duty to disclose a conflict of interest involving the sale of the ward’s real property.. read more →
NJBIZ is a weekly magazine covering business news in New Jersey. In the June 2, 2008 edition of NJBIZ , the top Elder Law Attorneys in New Jersey were identified by the publication. The selections were based on the total number of elder law cases which the attorney handled throughout his or her career. I.. read more →
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