The Supreme Court of the State of North Dakota ruled that a lower court properly rejected a preference expressed by an incapacitated person for the appointment of a guardian when the incapacitated person could not provide the basis for the expressed preference. In the Matter of B.K.J, an Incapacitated Person, 2015 ND 191 (Docket No… read more →
In a recent case involving a holographic will, the California Supreme Court overturned an historical rule in the probate laws of California and most other States (including New Jersey) barring the admission of extrinsic evidence to reform an unambiguous will, thereby permitting reformation of an unambiguous will to correct a mistake. Estate of Duke, S199435 (July.. read more →
A federal district court concluded that a decision of the Social Security Administration (SSA) to permanently discontinue a recipient’s Supplemental Security Income (SSI) benefits because of temporary mismanagement of a special needs trust required remand to the agency for reconsideration of whether the trust is forever an includable resource. Elias v. Colvin (M.D. Pa., No. 3:15-CV-263,.. read more →
Federal court rules that federal law does not require a State to disregard a transfer of a life estates by a Medicaid applicant to a disabled veteran. Pike ex rel. Estate of Pike v. Sebelius (D. R.I., No. CA 13-392 S, July 16, 2015). The late mother of plaintiff F. Norris Pike transferred of two life.. read more →
Vanarelli & Li, LLC on Social Media