By

Donald Vanarelli
27
Jan

Nursing Home Resident’s Son Who Filed A Medicaid Application Which Was Denied Did Not Breach Admissions Agreement

January 27, 2019
A New Jersey appeals court held that a nursing home is not entitled to summary...
25
Jan

Bequest From Elderly Bank Customer To Bank Employee Upheld On Appeal 

January 25, 2019
The decedent was an elderly man with no immediate family. His Last Will and Testament...
21
Jan

Applicant’s Excess Income In Qualified Income Trust Cannot Be Considered In Determining Medicaid Eligibility

January 21, 2019
M.K. resided in an assisted living facility (ALF) since 2006. She applied for Medicaid benefits...
19
Jan

Aged / Disabled Veterans And Dependents May Be Eligible For VA Pension Benefits To Help Pay Long-Term Care Costs

January 19, 2019
Veterans and their families should be aware of the various benefits that may be available...
15
Jan

Even If Beneficiaries Had Influenced Decedent, Last Will And Testament Will Be Upheld Unless The Influence Was “Undue”

January 15, 2019
The decedent’s wife predeceased him. Thereafter, in 2009 the decedent executed a new will leaving...
13
Jan

A Confidential Relationship Existed, But There Was No Undue Influence Of The Decedent By His Daughter

January 13, 2019
Anthony F. Cordasco and his wife, Louise, were living in a condominium when Louise became...
13
Jan

Why Hire an Elder Law Attorney?

January 13, 2019
What is Elder Law? Elder Law is broad legal practice area involving the complex problems...
08
Jan

Family Support Delaying Medicaid Applicant’s Nursing Home Admission “Should Be Commended, Not Penalized”

January 8, 2019
A Massachusetts trial court ruled that a Medicaid hearing examiner should have accepted evidence that...
07
Jan

Will Admitted To Probate After Court Finds NO Undue Influence, NO Fraud and NO Incapacity

January 7, 2019
Karen Horbatt was Theodore A. Kaczmarek’s niece by marriage. After Karen’s aunt died, Theodore executed...
06
Jan

Frequently Asked Questions About Veterans Benefits 2019

January 6, 2019
  Shared with permission of Veterans Information Services, Inc. and the Creators of VisPro. Copyright:...
02
Jan

Medicaid Applicant Finally Submits Financial Statements One Day After Third Extended Deadline, But Denial Is Affirmed

January 2, 2019
After L.K.’s representative filed for Medicaid benefits, Medicaid sent a checklist of documents to be...
27
Dec

In Will Contest, Court Enters Judgment For Daughter, Dismissing Son’s Claims of Undue Influence and Lack of Capacity

December 27, 2018
The decedent was estranged from her daughter Cheryl, the defendant, for almost 25 years, but...
18
Dec

2018 Elder Law College – Medicaid Planning By Guardians In New Jersey

December 18, 2018
On December 18, 2018, I presented at the 2018 Elder Law College given by the New...
16
Dec

Assets In Joint Account Belong To Surviving Daughter; Siblings Undue Influence Challenge Rejected

December 16, 2018
Mrs. Jones and her husband had three children: Barbara, David, and Walter. Mr. and Mrs....
14
Dec

Burden Is on Medicaid Applicant to Provide Verifying Bank Statements

December 14, 2018
A New Jersey appeals court held that the state was not required to assist a...
09
Dec

In Massive Estate Litigation, Challenge To Will Unsuccessful But Fees Awarded To Loser Even Though Her Father Funded The Lawsuit

December 9, 2018
Robert B. Cohen was a man of “great wealth.” At the time of his death...
09
Dec

Payment of Medicaid Applicant’s Attorneys’ Fees Is Partial Return of Assets that May Reduce Penalty Period

December 9, 2018
Wyoming’s highest court ruled that the state should not have denied a Medicaid applicant’s request...
06
Dec

The Handbook for Helping People Living Alone with Dementia Who Have No Known Support

December 6, 2018
The Handbook for Helping People Living Alone with Dementia Who Have No Known Support provides...
04
Dec

Attorney Suspended for Charging Excessive Fees for Medicaid and Veterans Benefit Planning to Pay Long-Term Care Costs

December 4, 2018
Kansas’s highest court suspended for six months an attorney who, among other things, charged a...
03
Dec

Appeals Court Reverses Default Entered Against Trustee Bank Based On Mistaken Failure To File An Answer

December 3, 2018
Following the decedent’s death, Bank of America became successor trustee of four trusts created by...
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