By

Donald Vanarelli
24
Nov

Court Finds Medicaid Applicant Eligible For Benefits; Her Bank’s Lack Of Cooperation Prevented Applicant From Accessing Her Accounts

November 24, 2010
A.D., a retired physician, began residing at Bergen Regional Medical Center (Bergen Regional), a nursing...
24
Nov

Department of Veterans Affairs – News Release

November 24, 2010
November 1, 2010 Washington, D.C. VA Begins Paying Benefits for New Agent Orange Claims VA...
18
Nov

The Frustrating Tale Of A Retired Firefighter Repeatedly Denied The Right To Plan His Estate To Benefit His Severely Disabled Child

November 18, 2010
Thomas Saccone is a retired Newark, NJ firefighter. He and his wife’s only son, Anthony,...
14
Nov

Who Is A Veteran For Benefits Purposes?

November 14, 2010
The two monetary benefits available to disabled veterans are Service-Connected Compensation and Non-Service Connected Pension....
10
Nov

Court Discusses The Legal Standard To Be Applied When Considering A Request By A Divorced Parent To Remove A Child To Another State

November 10, 2010
In Mary Elizabeth Walsh-Morales v. Jon D. Morales, Docket No. A0524-09T2 (Appellate Division, November 5,...
05
Nov

Failure To Treat Children Equally Is Insufficient Grounds To Set Aside A Will For Lack Of Capacity Or Undue Influence

November 5, 2010
As an elder law attorney, I receive many inquires from potential clients asking me to...
01
Nov

Judge Awards Benefits To Medicaid Applicant Who Made A Gift “Exclusively For A Purpose Other Than To Establish Medicaid Eligibility”

November 1, 2010
My law firm recently was successful on appeal in overturning the denial of Medicaid eligibility...
26
Oct

Guide To Overcoming Legal and Psychological Barriers to Settlement in Elder Mediation

October 26, 2010
Problem:     Communication / Negotiation Issues Example:    Siblings’ long-standing mistrust of each other prevents them...
21
Oct

Convening A Mediation

October 21, 2010
Convening a mediation involves getting often recalcitrant parties to participate in the mediation. It is...
07
Oct

Internet Postings And Defamation

October 7, 2010
W.J.A. v. D.A., Docket No. A-0762-09T3; (Appellate Division, September 27, 2010) is a defamation case...
06
Oct

Recent Inspection Of Disability Claims Filed By Veterans At VA Regional Office In Newark, NJ Reveals Significant Errors

October 6, 2010
The Benefits Inspection Division is part of the Office of Inspector General (IG) in the...
04
Oct

Opening Remarks – Case Law Update At The 13th Annual Elder and Disability Law Symposium

October 4, 2010
(The 13th Annual Elder and Disability Law Symposium was held on September 29, 2010 at...
01
Oct

A Draft Will That Was Not Reviewed By The Client Before Death Cannot Be Admitted To Probate

October 1, 2010
In New Jersey, a document may be accepted for probate as a will in a...
29
Sep

VA Publishes Final Regulation on “Presumptive” Illnesses for Gulf War, Iraq and Afghanistan Veterans

September 29, 2010
Today, a final regulation was published in the Federal Register (75 FR 59968 ) making...
29
Sep

New ABA Opinion Provides Lawyers With Guidance On Website Content and Visitor Inquiries

September 29, 2010
A new ethics opinion by the American Bar Association, Formal Opinion 10-457 (Lawyer Websites), identifies...
26
Sep

Overview of the VA’s Adjudication System

September 26, 2010
(I recently ordered a free DVD from the American Bar Association (ABA). That’s right; it...
22
Sep

A Decision Of The Compromise Panel To Reject A Request To Reduce A State Institutional Lien Is Rarely Overturned On Appeal

September 22, 2010
In the Estate of Rosa M. Mendoza v. Trenton Psychiatric Hospital and Department of Human...
16
Sep

Will A Veteran Approved For VA Pension Also Receive Free Or Discounted Prescriptions?

September 16, 2010
Following is an exchange posted on a electronic bulletin board devoted to the discussion of...
15
Sep

Family Ties Do Not Create A “Confidential Relationship” Sufficient To Invalidate A Will Based On Undue Influence

September 15, 2010
The concept of what constitutes a “confidential relationship” (one of the elements creating a presumption...
11
Sep

The “Mere Possibility” Of An Attorney Conflict Of Interest May Be Sufficient To Establish An Ethical Breach

September 11, 2010
New Jersey estate planning attorneys were again reminded of the conflict of interest minefield they...
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