Blog

18
Sep

VA Survivor Benefit Plans and Special Needs Trusts

The VA’s Survivor Benefit Plan Program The Survivor Benefit Plan (SBP) available through the Department...
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13
Sep

Wife’s Death, After Executing Property Settlement Agreement But Before Final Divorce, Constitutes Waiver of Husband’s Right To Inherit

A few months prior to her death, Basabadatta Pattanayak and her husband Sandeep Srinath executed...
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11
Sep

Does a Section 529 Educational Savings Plan Account Impact a Minor Receiving SSI Benefits?

Question: Does a Section 529 educational savings plan account impact the eligibility of a minor...
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09
Sep

VA to Provide Presumptive Service-Connection for Diseases Associated with Exposure to Contaminants in the Water Supply at Camp Lejeune

VA News Release, Washington, D.C. – The Department of Veterans Affairs (VA) has published proposed...
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09
Sep

Donald D. Vanarelli (Retired), Esq. to Moderate the Advanced Special Needs Trust Symposium

“Use of Special Needs Trusts in Cases Involving Divorce”  to be presented by leading NJ...
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05
Sep

Medicaid Applicants Must Receive Full and Fair Notice of the Reasons for a Decision to Deny Benefits

In this case, the Court considered whether a Medicaid applicant received full and fair notice...
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17
Aug

“Spousal Refusal” Strategy, Used to Avoid Paying Nursing Home, Held to Create Implied Contract to Repay Medicaid Benefits

A New York trial court entered judgment against a woman who refused to contribute to...
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16
Aug

Guardianship Not Warranted Where Less Restrictive Alternatives Available To Address Needs Of Alleged Incapacitated Person

A New York surrogate turned down a guardianship petition filed by the parents of a...
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15
Aug

Trust Instrument Does Not Immunize Trustee From Liability For Breaching Duty Of Undivided Loyalty To Beneficiaries

In 1992, Ann Mark created two irrevocable trusts for the benefit of her three children....
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01
Aug

In Contested Guardianship Action, Counsel Fees Awarded to Plaintiff and Court-Appointed Guardian; Denied to Lawyer Hired by Alleged Incapacitated Person

Plaintiff filed an action seeking to declare his mother, D.W., an incapacitated person, and seeking...
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25
Jul

Appellate Court Affirms DDD Denial of Payment to Guardian

M.L. is the co-guardian and mother of C.L., a disabled 25-year old man with autism...
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23
Jul

NJ Supreme Court Declines to Discipline Lawyer Unable to Completely Remove Offending Blog Post From the Internet

Jay Jason Chatarpau, Esq., a New Jersey employment discrimination attorney, represented Rameena Khan in a...
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18
Jul

Appellate Court Affirms Admission of Will to Probate, Rejecting Lack of Capacity and Undue Influence Claims

When Helen Weste died in 2010, she was divorced with no children. In 1994, she...
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14
Jul

Medicaid Officials Not Liable For Providing False Information; Applicant Could Have Obtained Correct Info By Hiring A Lawyer

In a recent opinion, an appellate court in Minnesota held that county officials were not...
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08
Jul

Federal Appeals Court Rules Special Needs Trust Distributions May Not Be Counted As Income By Section 8 Housing Program

Reversing a federal district court, the U.S. Court of Appeals for the First Circuit ruled...
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06
Jul

Trial Court Did Not Abuse its Discretion in Restricting Son’s Visitation with Incapacitated, Gravely Ill Mother

In 2014, Joseph Fabics filed a verified complaint seeking guardianship of his mother. The court...
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13
Jun

Child Support Order May Survive Father’s Death And Trump Father’s Attempts To Disinherit Child

The decedent, Keith R. O’Malley, was the father of two children from two different relationships....
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07
Jun

Attorney Liable to Non-Client Beneficiary of Will for Legal Malpractice

The Supreme Court of Virginia ruled that an attorney who drafted a client’s Last Will...
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06
Jun

Audio Post Format

Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there...
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06
Jun

Video Post Format

Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there...
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