Blog – Page 46 – Vanarell & Li, LLC, Westfield, NJ Elder Law Attorneys

Jul

Acting as Agents Under Power of Attorney, Parents of Disabled SSI Recipient Did Not Create Valid Special Needs Trust

A Federal court held that a special needs trust is not valid because it was...

Jul

Guardian Who Provided Care To Ward in Ward’s Home, Refusing To Place Ward in Nursing Home Against Her Wishes, Found Not Guilty of Neglect

Reversing state agency and appeals court rulings, the highest court of the State of Washington...

Jul

Federal Court Enjoins New Jersey From Counting Annuity Owned By Medicaid Applicant’s Spouse As An Available Resource

A federal district court judge in New Jersey granted a Medicaid applicant’s motion for a...

Jul

Federal Court In New Jersey Affirms Denial Of Medicaid, Finding Promissory Notes Owned By Applicants To Be Countable Resources

John Landy and Margaret Sauchelli are elderly persons who purchased promissory notes and subsequently applied...

Jul

Appeals Court Concludes New Jersey Does Not Have A Duty to Inform Disabled Beneficiary Of Eligibility For Services

A New Jersey appeals court held that the State did not have a duty to...

Jun

U.S. Supreme Court Rules Surviving Spouse Of Lesbian Couple Entitled To Estate Tax Refund

New York recognized the marriage of state residents Edith Windsor and Thea Spyer, who wed...

Jun

Comparing Probate And Non-Probate Assets

What is Probate? “Probate” is the name of the process which permits an Executor to...

Jun

Ownership Of Joint And Payable-On-Death (“POD”) Accounts, Before And After Death: Who Owns What?

THE MULTIPLE-PARTY DEPOSIT ACCOUNT ACT Bank accounts are often established in the name of more...

Jun

Court Finds Medicaid Applicant Who Paid Disabled Daughter’s Rent For Many Years Subject to Penalty Period

A Medicaid applicant who made payments to her daughter for more than four years and...

Jun

NJ Federal Judge Finds Annuity Purchased By Spouse Of Medicaid Applicant With Couple’s Excess Resources Is An Exempt Asset

A federal district court in New Jersey holds that an annuity purchased by the spouse...

Jun

Proposed Legislation Introduced Establishing A Look-Back Period And Gift Penalties For Veterans Applying For VA Pension Benefits

Senate Bill 748, entitled the “Veterans Pension Protection Act,” was introduced on April 17, 2013....

Jun

Court Resolves Conflicting Provisions In Divorce Settlement Agreement And Life Insurance Beneficiary Designations

Thomas v. Thomas, Docket No. A-2388-11T2 (N.J. Super. App. Div. June 4, 2013), involved competing...

May

Top 10 (Actually 9) Noteworthy Cases Involving New Jersey Trusts, Including Special Needs Trusts

The following post contains a summary of the noteworthy trust cases decided by New Jersey...

May

SSA Revises Regulations, Permits First-Party Trusts to Pay for Non-Beneficiary Travel in Some Cases

The Social Security Administration (SSA) has revised its Program Operations Manual System (POMS) to allow...

May

The VA’s New “Fully Developed Claim” Process

Fully Developed VA Claims The Department of Veterans Affairs (VA) has implemented a new process...

May

Undue Influence

After an individual’s death, litigation regarding the decedent’s estate can arise in a variety of...

May

"Excessive Texting" From One Divorced Parent To The Other Does Not Necessarily Amount To Harassment

New Jersey appeals court reversed a final restraining order entered in a domestic violence lawsuit,...

May

Lack of Testamentary Capacity