In Estate of Mendonca v. DaSilva, Docket No. A3515-11T2 (App. Div. Feb. 22, 2013), the decedent, Ricardo Mendonca died intestate as a result of an automobile accident. His only heir was his minor son, who lived with his mother in Brazil. Unbeknownst to the minor child’s mother, the decedent’s other family members had filed a.. read more →
In the event of a Medicaid denial as a result of an unauthorized transfer or gift to a third party, one avenue of redress that may be available to a Medicaid applicant is to seek a waiver of the penalty based upon the “undue hardship” exception in the Medicaid regulations. The standards under which a.. read more →
In Stephenson, Personal Representative of Estate of Murry v. Spiegle, Docket No. A-4193-11T2 (App.Div., January 31, 2013), the decedent executed a Last Will and Testament leaving his estate to family members or trusts for family members. The will was prepared by his attorney, William E. Spiegle, III, Esq. Less than two months later, the decedent.. read more →
The New Jersey Supreme Court has directed that the Court’s function in construing a decedent’s will is “to ascertain and give effect to the ‘probable intention of the testator.’” Fidelity Union Trust Co. v. Robert, 36 N.J. 561, 564 (1962) (further citations omitted). This function applies to the enforcement of the testator’s intent regarding testamentary.. read more →
In a November 5, 2010 blog post, I discussed the Superior Court of New Jersey, Appellate Division decision in Matter of Sand, Docket No. A-1856-08T1 (App. Div., November 1, 2010). In that case, the appellate court affirmed the trial court’s ruling that the decedent’s daughter’s attempt to set aside her mother’s will, claiming undue influence.. read more →
As I explained in a previous post, 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.. read more →
In Estate of Peck, the Chancery Division, Probate Part examined a decedent’s testamentary intent regarding the disposition of her foreign property, as expressed in a foreign will, on New Jersey’s spousal elective share statute. In Peck, the decedent had executed a will in New Jersey, directing that her husband receive only his spousal elective share.. read more →
In Matter of Rizzo, the son of an adjudicated incapacitated person appealed from a Chancery Division, Probate Part, Bergen County order that had made the son contingently liable for the legal fees incurred by the court-appointed counsel for the incapacitated person during the guardianship proceedings. The father/ward had no liquid assets; his only asset was.. read more →
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