In this case, the chancery court held that post-mediation correspondence between the attorneys for the parties allegedly memorializing the terms of a verbal settlement reached in mediation constituted confidential mediation communications, not subject to disclosure. Partners Pharmacy Services v. Halbert, Docket No. C-72-09 (Chan. Div., Union County, April 16, 2012) The parties in this case.. read more →
In Beim v. Sawyer (N.J. App. Div. A-2816-10T1, decided on February 29, 2012), defendant, in her 70s, filed for a divorce from plaintiff, in his 80s. After the complaint and answer were filed and discovery completed, the parties made repeated efforts to settle their dispute through multiple alternative dispute resolution events held over an extended period. They.. read more →
In Williamson v. Boehringer-Ingelheim Pharmaceuticals (N.J. App. Div., March 12, 2012), the New Jersey appellate court advised mediating parties how to prevent successful post-mediation challenges to settlements reached in mediation. The court’s conclusion: don’t conclude the mediation without having the parties or their counsel draft and sign a document containing the essential terms of the.. read more →
Our Estate/Probate and Elder Mediation Training program, held yesterday at the New Jersey Law Center, was very successful. Excellent turn-out and program quality. The attendees were very diverse, including attorneys, care managers, social workers, financial professionals, medical providers and others. Wonderful audience feedback. Many thanks to all presenters, including geriatric care managers Judith Parnes, Connie.. read more →
The Department of Veterans Affairs (VA) recently announced the release of 68 new forms that the agency anticipates will help speed the processing of veterans’ disability compensation and pension claims. These forms can be completed by private physicians, eliminating the need for a VA clinic examination in certain circumstances. “VA employees will be able to.. read more →
In the first reported case of its kind in New Jersey, Judge Peter E. Doyne, Bergen County Assignment Judge, held attorney Daniel M. Kaminsky in contempt of court for violating multiple court orders to refrain from conducting research on the internet concerning the issues involved in a criminal trial in which Kaminsky participated as a.. read more →
A New Jersey appeals court recently ruled that a Medicaid recipient’s wife is not entitled to an increase in her minimum monthly maintenance needs allowance (MMMNA) because she did not demonstrate that her financial duress was caused by exceptional circumstances. K.L. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., A.D., No. A-3288-10T1,.. read more →
Bill No. 1388 was recently introduced in the New Jersey Senate with an identical, companion bill, Bill No. 685, also introduced in the Assembly. This bill amends New Jersey Statute 2A:34-23, concerning child support and alimony, to provide that an obligor’s child support or alimony payments may be modified when an obligor’s income is diminished.. read more →
New Jersey legislators are now considering passage of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (“UAGPPJA”). This uniform law, promulgated by the National Conference of Commissioners on Uniform State Laws in 2007, already has been adopted in 19 states and the District of Columbia, and is pending in the legislatures of 13 other.. read more →
Established in 1978, the New Jersey Mental Health Players Program (NJMHP), celebrating its 34th year, is the longest-running mental health education program in New Jersey. NJMHP provides interactive, educational sessions which depict realistic scenarios involving mental health issues. The sessions provide audiences with a dynamic way to receive basic education about mental illness and become.. read more →
Verna and John Obermuller transferred their real property located in Brooklyn, New York to their daughter Joan Langone, one of their four children, while retaining life estates and powers of appointment in the property. John and Verna also executed a Trust Agreement between themselves as grantors, and Joan as grantee, in which Joan acknowledged that.. read more →
In a recent Federal Register Notice, the Social Security Administration (SSA) required lawyers who represent claimants on SSA disability appeals to file appeals electronically. According to the Notice, beginning on March 16, 2012, lawyers must use the SSA Internet Disability Appeals web portal at www.socialsecurity.gov to file reconsiderations or hearings on medically denied Title II.. read more →
In September 2010, I blogged about the Matter of the Estate of Jewell B. Sykes case, in which the Appellate Division concluded that family ties, without more, do not create a “confidential relationship.” That blog post can be found here. In a February 16, 2012 decision in In the Matter of the Estate of John.. read more →
On January 11, 2012, the Appellate Division considered In the Matter of the Inter Vivos Trust, Joseph Brandes, Grantor (September 12, 1994) and In the Matter of the Inter Vivos Trust, Dorothy Singer, Grantor (December 23, 1999), two non-consolidated but related cases in which a mother/guardian ad litem brought litigation against the trustee of two.. read more →
Listed below is the most popular content on the Vanarelli Law Office blog and website in January 2012. Medicaid Eligibility And The Pickle Amendment. Originally published on March 30, 2010. Certain “Blue Water” Navy Vietnam Veterans Now Eligible For Agent Orange Presumptive Service-Connected Compensation Benefits. Originally published on January 23, 2010. Will Contests, Probate Litigation.. read more →
Last month, as in previous years, the National Academy of Elder Law Attorneys (NAELA) held its annual “UnProgram” in Dallas. It’s one of my favorite NAELA events. Elder law practitioners and special needs / disability law attorneys from around the country met in small groups (of 5 to 15 or so) to brainstorm, network, exchange.. read more →
In its January 27, 2012 decision in CTC Demolition Company, Inc. v. GMH AETC Management/Development LLC, which has been approved for publication, the Appellate Division considered the novel issue of whether a party’s demand for mediation or arbitration triggers the “first to file” rule. Notably, the court had found only one decision in any jurisdiction.. read more →
Currently, the value of assets passing to heirs upon the death of a U.S. citizen free of federal estate taxes, called the federal estate tax exemption amount, is $5.12 million dollars per person. This federal estate tax exemption amount is valid through the end of 2012. In the past, upon the death of the first.. read more →
In the December 13, 2011 Estate of Sano Chancery Division case, the decedent’s wife had sued the decedent’s former employee (Ms. Chung) and that employee’s sister (Ms. Choi), claiming that they defrauded and unduly influenced the decedent to change a beneficiary designation of a $2.5 million life insurance policy. The policy had originally named the.. read more →
Below is a roundup of the top 10 national elder law decisions for the past year, as measured by the readers of the ElderLawAnswers website. 1. Medicaid Applicant’s Penalty Period Does Not Begin Until Returned Assets Are Spent Down In Marino v. Velez (U.S. Ct. App., 3rd Cir., No. 10-2324, Jan. 10, 2011), the U.S. Court of.. read more →
In the January 4, 2012 Marinaccio v. Grgec decision, the Appellate Division was presented with an appeal of a probate matter that had been decided by an umpire under the New Jersey Alternate Procedure for Dispute Resolution Act (“APDRA”). The Appellate Division held that, after the umpire’s decision not to vacate a probate settlement agreement.. read more →
Listed below are the blog posts, articles and other content from Vanarelli & Li, LLC website and blog with the highest readership in 2011. Certain “Blue Water” Navy Vietnam Veterans Now Eligible For Agent Orange Presumptive Service-Connected Compensation Benefits Summary Of Changes To The Estate And Gift Tax Laws In 2011 And 2012 Resulting From.. read more →
In Bond v. Bond, the Appellate Division considered whether a non-custodial parent’s creation of a special needs trust (“SNT”) can justify the elimination of that parent’s obligation to pay child support. Although it concluded that the non-custodial parent “may utilize a special needs trust to take advantage of government programs to lessen the burden on.. read more →
1. 2012 Maximum Pension Rates for VA Base Pension Plus Aid and Attendance Supplement Single Veteran – $1,703.00 Per Month or $20,447.00 Per Year Married Veteran – $2,019.00 Per Month or $24,239.00 Per Year Surviving Spouse – $1,094.00 Per Month or $13,138.00 Per Year Veteran Married to Veteran (Both A & A) – $2,631.00 Per.. read more →
Who Can Help Me Fill Out the Forms? Any non-accredited individual may assist with completing the forms; however, this individual is allowed to assist ONLY one person. A VA accredited agent or a service organization, such as your local State Veterans Office, VFW, or American Legion may help you, as well as a VA accredited.. read more →
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