In my January 20 blog post, I discussed the time limits imposed under R. 4:85-1 of the New Jersey Court Rules for filing challenges to the probate of a will. In an Appellate Division case decided on January 18, 2013, the effect of an administrator’s fraud on those time limits was addressed, in Matter of.. read more →

It IS possible for a surviving veteran to receive Dependency and Indemnity Compensation (DIC) Benefits from the Department of Veterans Affairs (VA) based on the deceased spouse’s military service as well as a VA Pension Benefit based on the survivor’s own military service, but any DIC award based on the deceased spouse’s service will be.. read more →

Below, courtesy of the ElderLawAnswers website, is the annual roundup of the top 12 elder law decisions decided by federal and state courts in 2012. The cases were selected based upon readership as measured by the number of readers who “clicked through” to the full story in the website’s Weekly and Monthly e-letters. Links in.. read more →

For years, clients have asked about pension benefits available from the Department of Veterans Affairs (VA). Because of this consistent client interest, I’ve written about VA pension benefits with Housebound or Aid and Attendance Supplement in many blog posts over the years. However, one issue I haven’t blogged about yet involves calculating the amount of.. read more →

A challenge to a will (as opposed to, for example, (1) a challenge to non-probate designations; (2) a challenge to pre-death transfers by a power of attorney; or (3) a challenge to the actions of an executor following probate of a will) may be initiated two ways. First, by way of a caveat; second, by.. read more →

A California appeals court ruled that a trial court inappropriately awarded trustee fees to the successor trustee of a special needs trust despite clear language in the trust prohibiting a successor trustee from receiving a fee. As a result, the trustee did not receive any of his fees that had totaled over six figures. Thorpe v… read more →

The New Jersey Hospital Care Payment Assistance Program, commonly called “Charity Care,” is a state program for New Jersey residents with low income and resources who have no health insurance and are not eligible for programs like Medicaid and NJ FamilyCare. There are many people in New Jersey who have no insurance or health benefits.. read more →

Must I be living in a care facility or receiving care at home before I apply for VA benefits? No, it is not necessary to be living in a care facility in order to apply for VA benefits. However, if you are in need of personal assistance, a protective environment and your doctor confirms your.. read more →

Veteran, Widowed Spouse, and Dependent or Disabled Child May Be A Claimant for VA Pension Benefits Veterans must have served ninety (90) days on active duty, one day of which was served during wartime. (Note: Those who enlisted after September 7, 1980 have a different active duty service requirement.) Veteran cannot have had a dishonorable.. read more →

An attorney who drafted a power of attorney for a client that included a requirement that the client’s agents provide an inventory and yearly accountings to the attorney had a duty to ensure the agents complied with the requirements, according to an Ohio appeals court. Svaldi v. Holmes (Ohio Ct. App., 10th Dist., No. 12-AP167,.. read more →

Until recently, estate planners have typically created estate plans by using a number of sophisticated planning techniques. One common technique involved the creation of a testamentary credit shelter trust in the Last Will and Testament of the spouse who dies first. A credit shelter trust is a trust for the benefit of the spouse, or.. read more →

The so-called “fiscal cliff” legislation enacted last night by Congress made a number of substantial changes to our laws. The new law, called “The American Taxpayer Relief Act“, restored the 39.6% income tax rate for high-income households, increased the capital gains tax rate to 20% for singles with incomes above $400,000 and married couples with.. read more →