By

Donald Vanarelli
06
Sep

Biological Father Who Was A "Deadbeat Dad" Entitled To Half Of Assets In Deceased Daughter’s Special Needs Trust

September 6, 2012
A New Jersey appeals court recently affirmed a trial court judgment dividing the assets remaining...
05
Sep

Ethics Complaint Filed Against New Jersey Attorneys Who “Friended” Plaintiff So They Could Access Private Information On His Facebook Page

September 5, 2012
Two New Jersey defense attorneys allegedly caused a paralegal to “friend” the plaintiff in a...
15
Aug

Unsuccessful Will Contestant Is Denied Counsel Fees

August 15, 2012
I recently blogged about In the Matter of the Estate of Lillian Schmidt, a case...
13
Aug

After Years of Litigation, Unsuccessful Probate Plaintiff Is Denied Counsel Fees

August 13, 2012
In a case that can be seen as a warning to potential plaintiffs in probate...
09
Jul

Psychiatric Advance Directives

July 9, 2012
Today, most states authorize the use of some form of psychiatric advance directive (PAD). PADs...
02
Jul

Appellate Division Affirms Admission Of Unsigned Copy Of Purportedly Executed Will To Probate

July 2, 2012
In a published opinion, the New Jersey Appellate Division took a further step away from...
29
Jun

In 5 to 4 Ruling, United States Supreme Court Upholds Affordable Care Act

June 29, 2012
In a landmark ruling released on Thursday, June 28, 2012, the United States Supreme Court...
28
Jun

Can A Photocopy Of a Will Be Admitted To Probate In Place Of The Original Will?

June 28, 2012
Where an original last will and testament is lost or cannot be found upon the...
25
Jun

Ruling by the 3rd Circuit Outlaws State Restrictions On Special Needs Trusts, Holding State Law Is Prempted By Federal Law

June 25, 2012
In a recent precedential decision, the United States Court of Appeals for the Third Judicial...
20
Jun

Determining Disability Under Social Security’s Regulations And Rulings

June 20, 2012
Regulations governing the Social Security Administration (SSA) set forth a five-step sequential evaluation process for...
19
Jun

New Social Security Regulations Prohibit Funds From Special Needs Trusts To Be Used To Pay For Family Visits, And Limit Trust Payments To Caregivers Who Are Medically-Trained

June 19, 2012
The Social Security Administration (SSA) recently revised four sections of the Program Operations Manual System...
11
Jun

Court Awards Federal Estate Tax Refund To Surviving Spouse Of Lesbian Couple

June 11, 2012
Under existing federal law, spouses who pass away can leave property of any value to...
07
Jun

GAO Recommends Congress Establish A Look-Back Period And Asset Transfer Penalty Rules for Non-Service Connected Veterans Pension Applicants

June 7, 2012
The Department of Veterans Affairs’ (VA) pension program is intended to provide money benefits to...
02
Jun

A “Responsible Party” Under A Nursing Home Admission Agreement May Be Sued For Monies Owed To The Facility

June 2, 2012
An appeals court in New Jersey held that a nursing home resident’s adult child who...
23
May

9th Circuit Dismisses Veterans’ Lawsuit, Ruling That Congress, Not The Court, Is Responsible For Fixing The VA’s Mental Health Care And Compensation Benefit Systems

May 23, 2012
Last year, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit...
14
May

Understanding Federal Estate Taxes, and State Estate and Inheritance Taxes (All Of Which Are Commonly Referred To As “Death Taxes”)

May 14, 2012
Two types of taxes can be assessed against property that passes to your heirs after...
10
May

Top 10 States With The Most Expensive Costs For Care In Assisted Living Facilities

May 10, 2012
The cost for care in an assisted living facility (ALF) varies widely throughout the United...
08
May

Appeals Court Holds Adult Child Liable for Mother’s Nursing Home Bill Under Filial Responsibility Law

May 8, 2012
A Pennsylvania appellate court held that son is liable for his mother’s $93,000 nursing home bill...
01
May

Tips From The Parent Of A Child With ADHD About Navigating The Special Education Maze

May 1, 2012
Recently, I had a consultation with a parent of a child suffering from attention deficit-hyperactivity...
01
May

Claim of Surviving Joint-Owner of Estate Assets Can Be Defeated If Decedent Did Not Intend to Leave Assets to Survivor, or If a Confidential Relationship Existed

May 1, 2012
Aurelia DeFrank died on August 18, 2009, a resident ofMercer County, New Jersey. Although decedent’s...
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