The following post contains a summary of the noteworthy trust cases decided by New Jersey courts in the past year and a half, in chronological order. I also included links to the articles about the cases posted on this blog. (1) Pfeifer v. Langone, 2012 N.J. Super. Unpub. LEXIS 429 (App. Div. Feb. 29, 2012)… read more →
The Social Security Administration (SSA) has revised its Program Operations Manual System (POMS) to allow first-party trusts to pay for travel expenses incurred by non-beneficiaries in limited cases. In addition, the revised POMS clarifies the rule that payment of some administrative expenses upon early termination of the trust or otherwise, including trustee fees, will not.. read more →
Fully Developed VA Claims The Department of Veterans Affairs (VA) has implemented a new process designed to expedite claims for VA benefits having all information required by the agency and all required supporting evidence. The new process, officially titled in 38 CFR §20.1509(a) as the “Expedited Claims Adjudication Initiative-Pilot Program,” is unofficially called the Fully.. read more →
After an individual’s death, litigation regarding the decedent’s estate can arise in a variety of contexts. A common claim asserted in a lawsuit challenging the validity of a decedent’s Last Will and Testament is that the will was the result of “Undue Influence.” “Undue Influence” is defined by our courts as “’mental, moral or physical’.. read more →
New Jersey appeals court reversed a final restraining order entered in a domestic violence lawsuit, holding that “excessive texting” from one divorced parent to the other does not necessarily amount to harassment. L.M.F. v. J.A.F.,Jr., Superior Court of New Jersey, Appellate Division, Docket No. A-0121-10T3, approved for publication. The parties married in 1989 and divorced.. read more →
After an individual’s death, litigation regarding the decedent’s estate can arise in a variety of contexts. A common claim asserted in an estate litigation is that the decedent lacked “testamentary capacity” (the capacity to make a will). An individual’s mental capacity is judged based upon the transaction or act that the person is undertaking. One.. read more →
For the first time in New Jersey, the appellate court has ruled that legal counsel for the ward must be appointed by a chancery court in a proceeding to confirm the appointment of a testamentary guardian under a decedent’s Last Will and Testament. Matter of C.F.C., An Incapacitated Person, Superior Court, Appellate Division, Docket No… read more →
New Jersey appeals court ruled that a Chancery court’s order holding that certain trust expenditures “shall not” act to deprive the beneficiary of any Medicaid benefits should a Medicaid application be made, exceeded the court’s subject-matter jurisdiction because New Jersey’s Medicaid agency, the Division of Medical Assistance and Health Services (DMAHS), was the single state.. read more →
In a case of first impression, a state judge in New Jersey has ruled that “a pregnant domestic violence victim [may] obtain pre-birth, advance protection for her unborn child against a violent abuser.” B.C. v. T.G., Superior Court, Chancery Division, Family Part, Ocean County, Docket No. FV-15-1033-13, approved for publication on May 3. B.C.. aged.. read more →
Several months ago, I presented a program on Veterans Benefits and Social Security Disability Benefits at the Elder Law College, a seminar on Elder Law and Special Needs Law presented each year by the New Jersey Institute of Continuing Legal Education. I wrote a blog post summarizing the seminar material presented at the Elder Law.. read more →
In recent years, applicants for Medicaid benefits in New Jersey have been incorrectly denied eligibility as a result of including as “countable income” the applicants’ Veterans Administration Improved Pension (“VAIP”) benefits awarded pursuant to 38 U.S.C. § 1541(d)(1) for unreimbursed medical expenses (“UMEs”). New Jersey’s Medicaid agency, the Department of Medical and Health Services (“DMAHS”),.. read more →
Presentation on the Impact of Elder Law Issues on Divorce Mediation
On Saturday, April 27, 2013, I presented a session on the impact of elder law issues on divorce mediation at the 2013 Annual Divorce Mediation Seminar by the New Jersey Association of Professional Mediators. The topics covered in my session included Social Security, including retirement, disability and survivors benefits, Supplemental Security Income benefits, Medicare, Medicaid,.. read more →
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