A New York judge held that the trustees of a special needs trust have a duty to the disabled beneficiary to inquire into the beneficiary’s condition and to apply trust income to improving it, and that it is not sufficient for the trustees to simply safeguard the assets in the trust. Matter of JP Morgan.. read more →
New Jersey Supreme Court Rules That Order Awarding Child Support To Disabled Child May Be Modified By Establishing Special Needs Trust For Child
In an opinion that breaks sharply with established practice, the New Jersey Supreme Court ruled that an application by a divorced spouse to pay child support for a disabled child into a special needs trust should be granted where the proponent shows that it is in child’s best interest to do so. This is a.. read more →
Justice Laura L. Jacobson, a New York trial judge, held that a trustee of a special needs trust breached its fiduciary duty to the trust beneficiary and ordered reimbursement of nearly $180,000 that was misspent on private caregivers, cab rides, and medications that could have been obtained from needs-based government sources. Liranzo v. LI Jewish.. read more →
Clients often have questions about the effect of gifts and jointly-owned property on eligibility for benefits, including Base Pension, Housebound and Aid and Attendance, from the Department of Veterans Affairs (VA). Below I’ve collected some of the federal regulations governing how gifts and joint property will affect VA pension benefits. The authorities cited show that.. read more →
A Chancery Court judge determined that the administrator of an insolvent estate in New Jersey must first exhaust all efforts to satisfy creditors from probate assets before the attachment of non-probate assets should be considered. Matter of the Estate of Turco, Chancery Div., Probate Part-Essex County (Koprowski, J.S.C., July 22, 2013) Jerry Turco died testate.. read more →
Renee Halpecka died in 2005 when she was 84 years old. Before her death, Renee had been very ill for many years and was cared for by her husband. After her husband died in 2001, Rosemary Walsh, a neighbor, became Renee’s caretaker and served as her agent under a financial power of attorney and medical.. read more →
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