Blog

06
Oct

In Appointment of Guardian, Appellate Division Overrides “Kinship-Hierarchy Preference” Where Result Would Be Contrary To Best Interests Of The Ward

In re S.H. was a contested guardianship litigation centering on who should be appointed guardian for...
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29
Sep

NAELA Members described as “True Friends of the Court” in New Jersey Supreme Court decision allowing State Pension to pay into Special Needs Trust

Appearing Above, Left to Right: NAELA Board member Ron Landsman, Esq., CAP, who filed a...
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23
Sep

Article in New Jersey Law Journal on Our Recent NJ Supreme Court Victory in Case Involving a Disabled Child, State Pension and Special Needs Trust

Court OKs Trusts for Disabled Kids of Cops and Firefighters NJ Supreme Court Justice Jaynee...
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23
Sep

Order Directing Parties Rather Than Ward Pay Court-Appointed Counsel’s Fee In Guardianship Case Upheld On Appeal

This was a contested guardianship case involving S.H., called “Sarah” by the court, a 28...
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17
Sep

Top Ten New Jersey Elder and Disability Law Cases in 2014

The 17th Annual Elder and Disability Law Symposium was held on September 17, 2014 at...
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16
Sep

Because Right of Surviving Joint Owner to Multiple-Party Accounts Turns on Intent of the Decedent and Relationship of the Parties, Summary Judgment dismissal was Inappropriate

In In re Estate of DeFrank, 433 N.J. Super. 258 (App. Div. Nov. 15, 2013),...
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15
Sep

Objection to Admitting Handwritten Will to Probate Properly Dismissed, but Trial Court lacked Authority to Transfer Non-Probate Assets to Trust

In Estate of William Strohmenger, 2013 N.J. Super. Unpub. LEXIS 2651 (App. Div. Oct. 31,...
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13
Sep

NJ Supreme Court Permits Disabled Child of Retired Fireman to Designate Special Needs Trust as Beneficiary of State Pension Plan

(In the midst of my oral argument before the New Jersey Supreme Court held on...
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10
Sep

Attorney Representation of Father and Sons in Estate Planning did not Constitute Conflict of Interest or Breach of Fiduciary Duty

In Salvemini v. Spector, 2013 N.J. Super. Unpub. LEXIS 2942 (App. Div. Dec. 13, 2013),...
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03
Sep

Lawyer Owes Duty to Explain Even Unambiguous Contract Terms so that Client will Understand

A court of appeals in New Jersey reinstated a legal malpractice lawsuit, finding that the...
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03
Sep

Appeals Court Affirms Penalty, Ruling Gifts Not Made Exclusively for a Purpose Other than to Qualify for Medicaid

Gifts made during the Medicaid look-back period result in a penalty, or period of ineligibility,...
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02
Sep

Agency’s Significant Delay in Processing Medicaid Application in Blatant Violation of Regulations Results in No Sanctions

In A.H. v. Division of Medical Assistance and Health Services, 2014 N.J. Agen. LEXIS 91...
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28
Aug

New Jersey Planning to Eliminate the Income Cap for Home-and-Community Medicaid

The Medicaid programs in New Jersey which help residents pay long-term care costs are about...
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27
Aug

An Attorney’s Lack of Competence in E-Discovery Issues can Result in Ethical Violations

A recent ethics opinion from the California State Bar Association, Formal Opinion Interim No. 11-0004,...
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25
Aug

Doctrine of Laches Justifies Dismissal of Probate Lawsuit Against Executor, filed 5 Years after Release was Signed

In re Estate of Klausner, 2014 N.J. Super. Unpub. LEXIS 1517 (App. Div. June 23,...
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21
Aug

Nursing Home Resident’s Child Who Signs Admission Agreement As “Responsible Party” Can Be Sued For Services Rendered To Resident

A nursing home resident’s adult child who signs an admission agreement as the “Responsible Party”...
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18
Aug

Court Reinstates Defense By Party Who Chose To Represent Himself, But Made The Wrong Choice

New Jersey appeals court ruled pro se litigants who bungle their own cases can seek...
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12
Aug

Third Circuit Approves Complimentary Quotes from Judges in Ads by New Jersey Attorneys

In a case recently decided by the United States Court of Appeals for the Third...
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30
Jul

The Need for Medicaid Planning

(In Zahner v. Mackereth (U.S. Dist. Ct., W.D. PA, Jan. 16, 2014), a federal district court...
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27
Jul

Transfer of Assets does not Impact Eligibility When Made for a Purpose Other than to Qualify for Medicaid

In a very unusual ruling, a New York appeals court ruled that, despite transferring significant...
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