In a probate case entitled In the Matter of the Estate of Rose Rappaport, 866 N.Y.S.2d 483 (Sur. Ct. Nassau County, September 29, 2008), the decedent was survived by four adult children, one of whom was disabled. A guardian ad litem was appointed for the child with a disability. A trust was created under Article.. read more →
Each month, the Social Security Administration (SSA) produces a report ranking all of the hearings offices in the agency based upon the average time to process an appeal at the Office of Hearings and Appeals level. The report is based upon the average time taken by SSA to process all claims completed in the month.. read more →
According to a recent article in the August 24th edition of The Dallas Morning News, seniors battered by the tough economy are selling their life insurance policies to replenish their retirement nest eggs. Unlike younger investors, older adults may not have the time to wait for the market to recover all of their losses, so.. read more →
Attorneys certified in elder law offer something that other attorneys do not: professional expertise in the unique needs of older, maturing populations and those people with disabilities. A Certified Elder Law Attorney (also called a “CELA”) is not just an authority on legal issues affecting seniors, he or she is also familiar with other vital.. read more →
Judges, like everyone else, have been affected by the treasure trove of information available on the internet, and have slowly begun basing judicial decisions on internet sources. However, until recently citing internet sources in judicial opinions has been a haphazard affair, with little guidance provided anywhere on how to identify reliable sources, how to present.. read more →
About 50 million retired and disabled Americans receive Social Security benefits. The average monthly benefit for retirees is $1,153 this year. Social Security benefits are increased each year to keep pace with increases in the cost-of-living. The cost-of-living adjustment (COLA) is pegged to inflation. However, since inflation has been negative this year, the trustees who.. read more →
A new New York form updating and replacing the old New York Power of Attorney form has been developed and is available below on this blog. Also available on this blog is the new New York Statutory Major Gifts Rider form that must be completed in order to grant an agent under a power of.. read more →
The Elder Mediation Center of New Jersey (EMC-NJ), a collaborative alliance of independent mediators, attorneys and a geriatric care manager, will present a training session for mediators who wish to expand their knowledge of the specialized field of elder mediation. The training session, to be held on November 10, 2009 from 9:00 a.m. – 1:00.. read more →
As I blogged here, the New Jersey appellate court, in N.M. v. Division of Medical Assistance and Health Services, 405 N.J. Super. 353 (App. Div. 2009), certif. den., 199 N.J. 517 (2009), held that an annuity purchased for the sole benefit of the community spouse after the effective date of the Deficit Reduction Act of.. read more →
Gregory Herman-Giddens, Esq., an attorney and certified financial planner, writes the North Carolina Estate Planning Blog, a good source of news from the estate planning arena. On August 5th, Gregory blogged about his prediction for upcoming legislative events involving the federal estate tax. He says the prediction is based on “inside sources”, and it does.. read more →
Based upon comments I’ve read on blogs throughout the blogosphere, there appears to be a great deal of confusion about about three issues involving VA benefits: who can assist a veteran or veteran’s family with a claim for VA benefits; who can charge a fee for providing assistance to a veteran; and, when can the veteran be charged a fee?.. read more →
As reported on my blog, Judge John Malone, Presiding Judge of the Chancery Division of the Superior Court in Union County, entered an Order authorizing the Administrator of an intestate estate, i.e., an estate of a decedent who died without a will, to establish a Special Needs Trust, often referred to as a Supplemental Benefits.. read more →
The case of Detloff v. Absecon Manor Nursing Center, Docket No. A-5941-07T2 (App. Div., August 4, 2009) arose out of the care and treatment provided to decedent while she was admitted at defendant Absecon Manor, a long-term care facility. Plaintiff, executrix of the estate of Mary Mazzei, filed a complaint alleging nursing malpractice supported by.. read more →
In Lerman v. Lerman, Docket No. A-1953-07T3 (App. Div., August 4, 2009), the trustees of a trust established and funded by defendant David Lerman’s deceased mother, Pearl Lerman, appealed from an order of a Family Court Judge in New Jersey directing that Bank of America turn over $50,000 of the trust’s assets to the Bergen.. read more →
The National Center for Lesbian Rights (NCLR) is a national non-profit, public interest legal organization committed to advancing the civil rights of lesbian, gay, bisexual and transgender (LGBT) people and their families. Since 1999, NCLR’s Elder Law Project has been helping LGBT seniors gain access to and obtain equal treatment in law, public policy, health.. read more →
The National Elder Law Foundation (NELF) is an organization established in 1993, primarily by members of the National Academy of Elder Law Attorneys, known as NAELA. NELF assists the public in identifying attorneys qualified to practice the legal specialty of elder law by providing the only national certification in the field of elder law approved.. read more →
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