Blog – Page 34 – Vanarell & Li, LLC, Westfield, NJ Elder Law Attorneys

Aug

Patients May Soon Have The Right To Appeal A Hospital’s “Observation Status” Designation

As many hospital patients have discovered, there are huge financial implications when a hospital designates...

Aug

Litigation Strategies in Medicaid Appeals

On August 10, 2017, I presented at the 2017 Sophisticated Elder Law Program on Medicaid...

Aug

Resident Can’t Sue Nursing Home For Violating New Jersey Nursing Home Responsibilities And Residents’ Rights Act

Nursing home resident Joseph Gamma died after falling off his bed at the facility. His...

Jul

Elderly New Jersey Parents Not Liable for Costs of Specialized Services Provided to Disabled Adult Child

Applying New Jersey’s filial support law, an appeals court in Pennsylvania affirmed a decision denying...

Jul

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

In the Matter of the Estate of Anna Fabics involved multiple lawsuits, motions, and other...

Jul

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

A U.S. district court ruled that a group of Medicaid applicants do not have a...

Jul

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

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

Jul

Long-Term Care Trusts Used in Planning for Medicaid Eligibility

Medicaid is a joint federal and state program created under Title XIX of the Social Security...

Jul

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

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

Jul

Lawyer Must Pay Damages in Undue Influence Case

The United States Court of Appeals for the Third Circuit has ruled that a New Jersey attorney...

Jun

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

A joint opinion by three New Jersey Supreme Court committees bans web-based services that match...

Jun

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

The testator, Harold Becker, executed a Last Will and Testament leaving his estate to his...

Jun

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

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

Jun

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

In McDermott-Guber v. Estate of McDermott, parents deeded a one-half property interest in a vacant...

Jun

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

Reversing a lower court, Massachusetts’ highest court ruled that two Medicaid applicants’ trusts were not available...

Jun

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

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

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