This is the latest decision in the long-running legal drama involving Lillian Glasser which has spawned litigation in two states, Texas and New Jersey, 34 days of trial in New Jersey concerning the capacity of Mrs. Glasser, collateral litigation involving the choice of an appropriate guardian, the validity of Mrs. Glasser’s will, attorneys fees awards,.. read more →
There are so few reported cases in New Jersey involving claims of mediator malpractice that any cases involving such claims are important. In Jankowski v. Sandor, Docket No. A-0770-10T2 (App. Div., July 27, 2011), the Superior Court of New Jersey, Appellate Division, affirmed the dismissal of the mediator malpractice claims based upon choice of law.. read more →
Plaintiff, the executor of the estate of the proposed ward’s deceased daughter, and the proposed ward’s granddaughter, filed a lawsuit in the Superior Court of New Jersey, Chancery Division, General Equity Part, Bergen County, based upon an alleged oral promise made by the proposed ward to his deceased daughter. For the purpose of that litigation,.. read more →
Several interesting lawyer ethics opinions and cases were published recently in New Jersey and other states. 1. In Opinion 43 issued on June 28, 2011 by the New Jersey Supreme Court Committee on Attorney Advertising, the Committee considered a grievance filed against fifteen (15) New Jersey attorneys who participated in an internet company which owned.. read more →
In this case, the decedent, William McLellan, created an irrevocable life insurance trust for the primary benefit of his wife and children in 2006. The life insurance trust was funded with a $2.5 million life insurance policy. Plaintiff, Lois Jean McLellan, the spouse of the decedent and mother of two of decedent’s four children, was.. read more →
Below I’ve listed the most popular articles posted to the Vanarelli Law Office Blog based upon pageviews in June 2011. The original post date is included after each hyperlinked title. Top Ten (10) New Jersey Probate Litigation / Will Contest Cases in 2010. January 2nd, 2011 New Jersey Veterans Memorial Homes. May 17th, 2010 A.. read more →
A New Jersey appeals court ruled that the state has no obligation to pay for transportation that would allow a 25-year-old man with autism to attend an adult day program because he is on the waiting list for a Medicaid waiver and a comparable program is available closer to his home. J.J. and L.J. on.. read more →
In a scathing 104-page opinion, the U.S. Court of Appeals for the Ninth Circuit ruled that “the VA’s failure to provide adequate procedures for veterans facing … delays in the delivery of mental health care violates the Due Process Clause of the Fifth Amendment [of the Constitution].” Veterans for Common Sense v. Shinseki, _______ F.3d… read more →
(The following is part of a discussion, taken from a listserv, or electronic bulletin board, maintained by the New Jersey Association of Professional Mediators.) Question: I am a new mediator. I am also finding the ‘equal balance of power’ issue challenging. … I have been wondering if balance of power is even possible … if.. read more →
A New Jersey appellate court held that intentionally withholding information in mediation does not invalidate the resulting settlement agreement. Matter of the Estate of Lillian L. Fischer, Deceased (N.J. Super. Ct., App. Div., No. A-0091-10T2, June 14, 2011)(unpublished). This matter involved a probate dispute between Catherine S. Richards, the 91 year old domestic partner of.. read more →
In an unpublished, per curiam decision, a New Jersey appeals court ruled that a grant of funds awarded by a state agency which were held by an elderly Medicaid recipient in a bank account for the benefit of her disabled grandson are not countable resources that would affect her Medicaid eligibility. I.M. v. Division of.. read more →
Below I’ve listed the most popular articles posted to the Vanarelli Law Office Blog based upon pageviews in May 2011. The original post date, along with a short summary of the content of each post, are included after each hyperlinked title. Certain “Blue Water” Navy Vietnam Veterans Now Eligible For Agent Orange Presumptive Service-Connected Compensation.. read more →
The N.J. Supreme Court held that a self-described journalist who posted comments on an Internet message board is not entitled to the protection of New Jersey’s Shield Law, a state statute that allows news reporters to protect the confidentiality of sources and news or information gathered during the course of their work. Too Much Media,.. read more →
A New Jersey court has held that a co-executor’s “unbridled belief she could act unilaterally in administering the decedent’s estate without the need for consent from the co-executrix … [may] amount[] to a breach of the [co-executor’s] … fiduciary duty [and] … [constitute] cause for her removal.” In the Matter of the Estate of Albert.. read more →
A New Jersey appeals court upheld the imposition of a penalty period on a nursing home resident’s receipt of Medicaid benefits, holding that the resident failed to rebut the presumption that a court-ordered payment made to the resident’s adult children for previously uncompensated services provided under a power of attorney was not a valid payment.. read more →
In order to receive service-connected compensation benefits from the Department of Veterans Affairs (VA) in the usual case, a veteran must (1) be suffering from a current disability, (2) show evidence in his/her military service records of a disease, injury, or event in service, and (3) show a nexus, or link, between the current disability.. read more →
Matter of Mildred B. Trocolor involved a dispute between two of the decedent’s adult children who were co-executors of the decedent’s estate. The decedent’s daughter, Daryl, brought the lawsuit, alleging that, while the decedent, Mildred B. Trocolor, was alive, the defendants, her brother Robert and his wife, Genevieve, stole substantial sums of money from the.. read more →
In a victory to the contesting parent, the dismissal of a daughter’s guardianship application without a hearing was recently affirmed by the Appellate Division in In re Keeter, No. A-0553-10T4 (May 11, 2011). Keeter centered on a daughter’s application seeking guardianship of her 89-year old mother. The application was supported by a certification of the.. read more →
In Freeman v. Shinseki, No. 10-1462 (U.S. Ct. App. Vet. Claims April 26, 2011), 2011 U.S. App. Vet. Claims LEXIS 906, the U.S. Court of Appeals for Veterans Claims handed a partial victory to a veteran attempting to challenge the VA’s appointment of a third-party fiduciary, instead of petitioner’s sister, to control his finances. The.. read more →
(The following is part of a discussion, taken from a listserv, or electronic bulletin board, concerning benefits available for veterans, their dependents and survivors from the Department of Veterans Affairs (“VA)”.) Question: Assume the following facts – an applicant for needs-based pension benefits from the VA signs a deed gifting income-producing real estate to an.. read more →
Same-sex domestic partners are closer to receiving the spousal protections that opposite-sex married couples get when they receive long-term care through Medicaid — that is, the healthy partner soon may be able to keep some of the ill partner’s money and remain in the same-sex partners’ home. In New Jersey like most states, nursing-home residents.. read more →
A New Jersey appeals court ruled that the penalty period for a Medicaid applicant who transferred funds to her son could not begin until she became financially eligible for Medicaid, which occurred only after the son used all the transferred assets to pay the cost of the applicant’s care. S.S. v. Division of Medical Assistance.. read more →
Couples who are facing the difficult prospect of divorce have a critical decision to make: whether to pursue the divorce using the “traditional” litigation model; or whether to consider an alternative model, such as divorce mediation. Arriving at the correct decision should include an analysis of the potential costs of traditional litigation. The most obvious cost.. read more →
Below is a listing of the 2011 Officers and Directors of the New Jersey Collaborative Law Group (NJCLG). I’m a member of the NJCLG Board of Directors this year. NJCLG is an educational, not-for-profit association of collaborative professionals established in 2008. I’m proud to be able to say I was one of the founders of.. read more →
The Veterans Benefits Act of 2010, Public Law 111-275, made a few relatively minor changes in veterans’ benefits laws that might be of interest to readers. None of the changes in the law go into effect until October 1, 2011. A few of the changes in the law follow: 1. There will be a cost-of-living.. read more →
Vanarelli & Li, LLC on Social Media