By

Donald Vanarelli
25
Jul

Appeals Court Rules Will Beneficiary Must Accept Cash, Not In-Kind Distribution, and Awards Legal Fees to Executor

July 25, 2017
In the Matter of the Estate of Anna Fabics involved multiple lawsuits, motions, and other...
24
Jul

Lawsuit Claiming Medicaid’s Failure to Make Timely Eligibility Determinations Violated Federal Law Dismissed

July 24, 2017
A U.S. district court ruled that a group of Medicaid applicants do not have a...
17
Jul

Unsigned, Handwritten Note Admitted To Probate As Last Will and Testament

July 17, 2017
Following Alice Malsberger’s death, her niece by marriage, Patricia White (the plaintiff in this lawsuit)...
10
Jul

Long-Term Care Trusts Used in Planning for Medicaid Eligibility

July 10, 2017
Medicaid is a joint federal and state program created under Title XIX of the Social Security...
06
Jul

Resources Transferred to a Trust Established by a Medicaid Applicant Are Countable, Preventing Medicaid Eligibility

July 6, 2017
In this case, the Division of Medical Assistance and Health Services (DMAHS), New Jersey’s state...
02
Jul

Lawyer Must Pay Damages in Undue Influence Case

July 2, 2017
The United States Court of Appeals for the Third Circuit has ruled that a New Jersey attorney...
26
Jun

NJ Ethics Opinion Bans Web-Based Lawyer Referral Services Run by Avvo, LegalZoom and Rocket Lawyer

June 26, 2017
A joint opinion by three New Jersey Supreme Court committees bans web-based services that match...
21
Jun

Presumption of Revocation Does Not Apply in Lost Will Case; Copy of Will is Entitled to be Probated

June 21, 2017
The testator, Harold Becker, executed a Last Will and Testament leaving his estate to his...
15
Jun

The New York Times Editorial, June 15, 2017: “Daughters Will Suffer From Medicaid Cuts”

June 15, 2017
The New York Times, June 15, 2017 The Opinion Pages | Editorial Daughters Will Suffer...
13
Jun

In Siblings’ Squabble Over Parents’ Property, Partition Award Against Sister Affirmed, But Frivolous Sanction Fees Reversed

June 13, 2017
In McDermott-Guber v. Estate of McDermott, parents deeded a one-half property interest in a vacant...
05
Jun

Medicaid Applicant’s Right to Use House Placed in Trust Does Not Render Trust Assets Available, Massachusetts High Court Rules

June 5, 2017
Reversing a lower court, Massachusetts’ highest court ruled that two Medicaid applicants’ trusts were not available...
04
Jun

In Probate Litigation, Fraud Claims Dismissed; Complaint “Did Not Even Suggest A Basis For The Requested Relief” 

June 4, 2017
Plaintiff Neil Epstein sued Barbara Epstein Petka, claiming that, as a result of her fraud...
01
Jun

Ethics Committee Says it’s OK for a Judge to Tweet

June 1, 2017
In a recent opinion, the Massachusetts Committee on Judicial Ethics ruled that a judge may ethically maintain...
29
May

For The First Time, New Jersey Court Permits Service of Process Via Facebook Post

May 29, 2017
In a case of first impression in New Jersey, Hon. Stephan C. Hansbury, Presiding Judge...
24
May

ABA Issues Major Ethics Opinion on Unencrypted Email and Other Electronic Communications

May 24, 2017
In a major new ethics opinion, the American Bar Association’s Standing Committee on Ethics and Professional...
23
May

Adult Children Can Be Paid for Caring for Parents Applying for VA Pension Even if  the Children Are Not Licensed Care Professionals

May 23, 2017
Under regulations governing needs-based pension benefits provided by the Department of Veterans Affairs, adult children...
22
May

US Supreme Court Warns Lower Courts: Arbitration Agreements Must Be Evaluated “On Equal Footing” With Other Contracts

May 22, 2017
Kindred v. Clark involves two Kentucky cases, in which family members of deceased Kindred nursing...
16
May

Big Increase in Medicaid’s “Penalty Divisor”

May 16, 2017
New Jersey’s Medicaid rules are complicated, and always changing. One such change in the rules...
15
May

Nursing Home Cannot Compel Arbitration When Capacity of Resident Who Signed Admissions Agreement is Questionable

May 15, 2017
James Patterson entered Care One at Moorestown on September 3, 2014. He had various serious...
15
May

New Video on Elder Financial Abuse from the Departments of Banking and Securities and Aging of the State of Pennsylvania

May 15, 2017
Financial abuse of the elderly has been called the “crime of the 21st century.” The...
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