Blog

06
Sep

Federal Lawsuit Against NJ Officials Barred; Award For Wrongly Denied Medicaid Benefits Would Require Retroactive Payments

A U.S. district court held that a claim by Medicaid applicants against New Jersey officials...
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04
Sep

No Federal Or State Regulation Requires The Medicaid Agency, Rather Than The Applicant Him/Herself, To Verify Medicaid Eligibility

V.S. is a nursing home resident; her adult son is her legal guardian, and she...
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28
Aug

Governor Signs New Law Helping Residents of CCRCs in New Jersey Get Timely Refunds of Entrance Fees

New Jersey recently changed state law governing “refundable” entrance fee agreements used by Continuing Care...
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26
Aug

Love And Care Provided By Nephew Did Not Justify His Failure To Notify Any Beneficiaries Of The Existence Of Aunt’s Will

In 1998, Joan McFadden executed two powers of attorney (POAs) and a Living Will-Durable Health...
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22
Aug

Trial Court Exceeded Authority In Refusing To Fully Fund Special Needs Trust Based On Disagreement With Legislative Policy

After a trial court, expressing its disagreement with the legislative policy underlying special needs trusts,...
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19
Aug

Denial of Medicaid Benefits Affirmed; Denial Notice Sent To Disabled Applicant Rather Than Authorized Representative

An Appeals Court affirmed an agency decision denying a Medicaid applicant’s request for a fair...
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15
Aug

Caring For A Sick Or Disabled Person? What You Need To Know About Obtaining A State Identification Card For A Loved One

Caring for a loved one who is sick or disabled? Learn more about obtaining a...
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14
Aug

From “60 Minutes:” Following A Couple From Diagnosis To The Final Stages Of Alzheimer’s Disease

Almost every year for the past 10 years, since 2008, reporters from the “60 Minutes”...
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13
Aug

Denial Of Medicaid Based On Applicant’s Failure to Timely Provide Irrelevant Information Was “Arbitrary And Capricious”

A.F. is a quadriplegic as a result of an accident that occurred 20 years ago....
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09
Aug

Medicaid Penalty Imposed On Applicant Who Began Paying Her Daughter After Two Years of Free Caregiving

A New Jersey appeals court ruled that a Medicaid applicant who began paying her daughter...
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29
Jul

Forged Signature On Marriage License Would Invalidate 27-Year Marriage, And Surviving Spouse’s Property Rights As Tenant By Entirety   

At the time of Carol Rankins’ death in 2015, she had been married to Clyde...
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25
Jul

Creditors Cannot Force Partition Of Real Property Owned By Debtor-Husband And His Wife

A tenancy by the entirety is a form of joint property ownership, available only to...
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22
Jul

Birth Mother of Decedent’s Biological Children Entitled to Appointment as Representative of Estate

The decedent was killed in a motor vehicle accident. After his death, his father was...
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19
Jul

How Disabled Does A Veteran Have To Be In Order To Qualify For Needs-Based VA Pension Benefits?

The Department of Veterans Affairs (VA) provides two (2) types of monetary benefit programs for...
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15
Jul

Nursing Home Resident’s Transfer Of Classic Car To His Nephew Was A Gift

John F. McGrail, Jr. died intestate in 2016. His uncle, William J. McGrail, Jr., then...
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13
Jul

“Case Law Update: The Year In Review” Was Presented By Donald D. Vanarelli (Retired), Esq. At The 2018 Elder Law in a Day Seminar

Donald D. Vanarelli (Retired), Esq. (https://vanarellilaw.com/) participated in the New Jersey Institute for Continuing Legal...
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09
Jul

Lawsuits In Probate Court, like Will Contests, Are “Summary Proceedings,” And May Be Dismissed By The Court Without A Hearing

The decedent had five children, and his will divided his residuary estate among them. He...
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07
Jul

California Supreme Court Ruled Yelp Cannot Be Ordered To Remove Negative Reviews Of A Law Firm Posted By A Yelp Website User

Reversing decisions of trial and appellate courts, a divided California Supreme Court ruled that judges...
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05
Jul

VA Finds Assets in Discretionary Trust Are Not Countable When Determining Veteran’s Eligibility For Needs-Based Pension Benefits

The veteran in this case had been residing in a medical facility operated by the...
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03
Jul

Codicil Written With The Decedent’s Blood Admitted To Probate

During his relationship with life partner Marc Coleman, the decedent executed a Last Will and...
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