It’s the end of the month. Time for a review of March’s most popular articles posted to the Vanarelli Law Office Blog. The original post date, along with a short summary of the content of each post, are included after each hyperlinked title.
Tweeting The ABA TechShow – March 28, 2010. Here, I presented a collection of tweets posted on Twitter by some of the speakers and attendees at the recent ABA Techshow, a legal technology conference held earlier this month. The tweets were actually quite interesting, and often amusing.
Annual Estate and Gift Tax Exclusions in 2009 – February 3, 2009. In this short post, readers were told about the annual estate and gift tax exclusions in 2009.
State Medicaid Directors Ask CMS To Change Annuity Rules – March 11, 2010. The National Association of State Medicaid Directors (NASMD) sent a letter to the Center for Medicare and Medicaid Services (CMS) requesting that the agency change its rules so that annuities would be treated like trusts which would make them countable resources under the Medicaid rules. The New Jersey State Bar Association Elder and Disability Law Section, on behalf of the National Academy of Elder Law Attorneys, prepared a response to the NASMD’s letter. Both letters are attached to the post.
NJ Appellate Court Rules That Awarding Attorneys Fees To The Wrongdoer In An Undue Influence Case Is An “Abuse Of Discretion” – January 28, 2010. This post describes the case of Rossius v. Krasheninnikoff, in which the trial court awarded attorneys fees in favor of defendant even through the court found that defendant exercised undue influence over decedent. On appeal, the appellate division held that it was an abuse of discretion for the trial court to award attorneys fees to defendant where, as here, the wrongful conduct of one party triggers otherwise unnecessary litigation.
Certain “Blue Water” Navy Vietnam Veterans Now Eligible For Agent Orange Presumptive Service-Connected Compensation Benefits – January 23, 2010. This post described a recent change in VA policy permitting certain “blue water” navy Vietnam veterans with designated diseases to receive compensation benefits and medical care from the VA without having to prove exposure to Agent Orange during their military service.
Medicaid Eligibility Denied Based Upon A Home Transfer To A “Caregiver Child” Who Was Employed Full-Time – December 15, 2009. In this post, I summarized the administrative case of A.N. v. Division of Medical Assistance and Health Services and Passaic County Board of Social Services, OAL DKT. NO. HNA 05980-07. In this case, I represented the Medicaid applicant, A.N., who transferred his home to his son, T.N., a “caregiver child” under the Medicaid rules. Medicaid eligibility was denied based upon what I consider to be an incorrect ruling that the caregiver child T.N., who was employed, had to provide care on a full-time basis in order to meet the “caregiver child” requirements.
Tips For Parents Of Children With Disabilities And Other Special Needs Who Are Planning Their Estates – March 16, 2010. This post describes the most frequent issues faced by parents of a child with special needs who wish to arrange a secure future for their disabled child through estate planning.
What Does A Court Mean When Litigants Are Ordered To “Mediate In Good Faith?” – March 5, 2010. This post discusses two recent non-NJ courts who have taken a look at what constitutes “good faith” when parties involved in a lawsuit are ordered into mediation.
200,000 Veterans Expected to File Agent Orange Claims Over Next Two Years – March, 11, 2010. Veterans who served in Vietnam during the war and who have one of the illnesses covered by the “presumption of service connection” don’t have to prove “medical nexus”, or an association between their medical problems and military service.
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