Blog – Page 44 – Vanarell & Li, LLC, Westfield, NJ Elder Law Attorneys

Aug

Court Rejects Alleged Incapacitated Person’s Preference for Guardian When Basis for Preference Was Not Provided

The Supreme Court of the State of North Dakota ruled that a lower court properly...

Aug

Superior Court Permits Disinterment Over Objection Of Decedent’s Daughter

Immediately after the sudden death of her husband, Elizabeth Greenstein was approached by a rabbi...

Aug

Upending 50 Years of Settled Law, California Supreme Court Rules Unambiguous Wills May Be Reformed to Correct Mistakes

In a recent case involving a holographic will, the California Supreme Court overturned an historical...

Aug

Does Temporary Mismanagement of Special Needs Trust = Permanent SSI Ineligibility?

A federal district court concluded that a decision of the Social Security Administration (SSA) to...

Aug

Penalty Imposed For Medicaid Applicant’s Transfer of Assets To Disabled Veteran

Federal court rules that federal law does not require a State to disregard a transfer...

Jul

Another Caregiver Agreement Rejected By New Jersey Medicaid

E.A. began residing in a home owned by her adult daughter, B.C., in September 2004....

Jul

How We Got A Letter Admitted To Probate As A Last Will and Testament

(The following excerpt is a portion of a brief prepared by my Law Firm in...

Jul

New Ethics Guidelines Impose A Duty Of Technology Competence On New York Lawyers

New legal ethics guidelines developed by the Commercial and Federal Litigation Section of the New...

Jul

Probate Judge Properly Exercised Discretion In Denying Guardianship Objections Without A Hearing

Following a daughter’s application to be appointed as guardian for her father, her brother objected...

Jul

Comprehensive Rehabilitation Hospital Is Not Subject To New Jersey Nursing Home Act

Plaintiff Wilson Bermudez was a patient at Kessler Institute for Rehabilitation’s West Facility for five...

Jul

Proposed IRS Regulations Establish Guidelines for New ABLE Accounts for People with Disabilities

In a recent press release, the Internal Revenue Service announced the release of proposed regulations...

Jun

Appellate Division Permits Property Owner’s Claims Against Banks To Survive

In Slack v. Wells Fargo Bank, the plaintiff and her brother held title to their...

Jun

Preparing To Be Deposed: Tips For The Potential Deposition Witness

Preparing to be deposed in a civil litigation can be a daunting task. A deposition...

Jun

New VA Rule Extends Presumption of Service-Connected Disability Based On Agent Orange Exposure To Certain Air Force and Air Force Reserve Personnel

The Department of Veterans Affairs (VA) has amended its regulation governing individuals presumed to have...

Jun

Property Left at Gravesite is “Abandoned;” Conversion Claim for Removal of Property is Dismissed

In Taffaro v. Taffaro, the plaintiff sued his half-sister claiming that she removed decorations and...

Jun

Websites May Protect the Free Speech Rights of Anonymous Commenters

In a case of first impression, the New Jersey court of appeals held that websites...

Jun

Malpractice Action Against Assisted Living Facility Dismissed; Plaintiff’s Psychiatrist-Expert Not Qualified To Render Opinion On Assisted Living Standard Of Care

In Singer v. Emeritus Senior Living Center, following a series of falls and the later...

Jun