Blog – Page 43 – Vanarell & Li, LLC, Westfield, NJ Elder Law Attorneys

Dec

Bank Not Liable For Improper Withdrawals from Nursing Home Resident’s Account Made By Resident’s Agent Under Power of Attorney

In 2003, Michael Yahatz opened a bank account. The following year, the bank was acquired...

Dec

Appeals Court Defines When a Parent has “Abandoned” a Child for Purposes of Intestate Succession

Under the New Jersey laws of intestacy, if a decedent dies without a will and...

Dec

Special Needs Trust Lacking Payback Provision Countable

In this case, a Medicaid application filed by the beneficiary of a special needs trust...

Dec

Imputation of Income to a Divorcing Spouse

In many divorce cases, when a one spouse or parent is not reporting his or...

Dec

Appellate Division Rejects Surviving Spouse’s Claim To Life Insurance Proceeds

In this case, a surviving spouse’s claim to her deceased spouse’s life insurance proceeds was...

Dec

Determining Disability Under Social Security’s Rules and Regulations

Disability benefits are available to claimants under both disability benefit programs established under the Social...

Nov

Attorney Who Provided Flawed Medicaid Planning Advice by Counseling Against Life Estate Liable For Legal Malpractice

Marie Brissette and her husband consulted attorney Edward Ryan for advice about how to protect...

Nov

Administrator of Estate Lacked Standing to Appeal Medicaid Denial

A court in Connecticut ruled that the administrator of an estate lacked standing to appeal...

Nov

Judge Rules NJ’s Prevention of Domestic Violence Act Covers Elder Abuse

In a case of first impression, a trial judge in Ocean County ruled that victims...

Nov

Reporting Requirements for SSI Recipients

The Social Security Administration (SSA) requires periodic reports from all recipients of Supplemental Security Income...

Nov

Appellate Division Rejects Claim That Marriage Creates a Presumptive Right to a Deceased Spouse’s Retirement Accounts

On March 9, 2015, I blogged about an Appellate Division case holding that marriage does...

Nov

Medicaid Not Required to Consider Applicant’s Trust Reformed by a Court During the Look-Back Period

An appeals court holds that the Massachusetts Medicaid is not required to recognize the reformation...

Nov

Appellate Division Rejects Estate’s Challenge to DMAHS and DDD Claims for Reimbursement of Benefits Paid to Decedent

The decedent, Tracy Solivan, had been disabled at birth as a result of medical malpractice...

Nov

NJ Court Rules Evidence in Cell Phones Must Be Produced in Tangible Form Before Trial

In this case, an Ocean County judge ruled that litigants in domestic violence cases who...

Oct

Attorney Who Prepares Mortgage Is Not Liable For Misrepresentations Contained In Mortgage

After plaintiffs lost the money they had invested in what turned out to be a...

Oct

Introduction to Medicare

Medicare is the federal government’s principal health care insurance program for people 65 years of...

Oct

Top 30 New Jersey State and Federal Elder Law and Special Needs Trust Cases Decided in 2015

The 18th Annual Elder and Disability Law Symposium was held on September 29, 2015 at...

Oct

Appellate Division Affirms Chancery Court Ruling Clarifying Powers and Duties of Agent under Power of Attorney

Sylvia Fishbein and her husband created the Fishbein Revocable Trust in 1994. In 2005, following...

Oct

Chancery Court Admits Unsigned Last Will and Testament to Probate

The decedent, William Anton, was survived by his wife, with whom he was in the...

Oct

Plaque Commemorating Lifetime Achievement Award Presented

In April of this year, I received the Marilyn Askin Lifetime Achievement Award from the...

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