Blog – Page 49 – Vanarell & Li, LLC, Westfield, NJ Elder Law Attorneys

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,...

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”...

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...

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...

Jul

The Need for Medicaid Planning

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

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...

Jul

Uniform Fiduciary Access to Digital Assets Act Passed by Uniform Law Commission

The Uniform Law Commission, a national law group, approved a new law on July 16,...

Jul

Competent Party Cannot Appear in Divorce Proceeding Through Power of Attorney

New Jersey trial judge ruled that a litigant may not appear at trial in a...

Jul

Liability of a Guardian for the Harmful Acts of a Ward

When confronting the prospect of guardianship for a loved one, a threshold issue is who...

Jul

Medicaid Applicant’s Claim Against State for Unreasonable Delay Survives New Jersey’s Motion to Dismiss

In Brill v. Velez (U.S. Dist. Ct., D. N.J., No. 1:13-cv-05643 (NLH/AMD), June 27, 2014), a...

Jul

Nursing Home Resident’s Federal Lawsuit Survives Facility’s Motion to Dismiss

In the May 30, 2014 Kongtcheu v. Secaucus Healthcare Center decision, the United States District...

Jun

GAO finds 5% of Applicants Transferred Assets for Less Than Fair Market Value to Qualify for Nursing Home Medicaid

On June 23, 2014, the Government Accountability Office (GAO) released its report, Financial Characteristics of...

Jun

NJ Court Dismisses Lawsuit by Alleged Abuser Against Those Who Reported and Investigated Claims of Elder Abuse and Neglect

A New Jersey trial judge dismissed a lawsuit asserted by an alleged abuser against a...

Jun

Gift Penalty Affirmed; No Evidence Medicaid Applicant’s Transfer was Loan Repayment, and No Deference Accorded ALJ’s Contrary Decision

In the May 19, 2014 J.P. v. Division of Medical Assistance and Health Services decision, New...

Jun

VA to Simplify Burial Benefits Program

Effective on July 7, 2014, the Department of Veterans Affairs (VA) is changing its monetary...

Jun

House Ownership Options when a Parent and Adult Child Live Together: Tax, Medicaid and Personal Issues

(On June 16, 2014, I was a speaker at the 71st Semi-Annual Tax & Estate...

Jun

Substantial Attorneys Fee Award Upheld In Will Contest Alleging Undue Influence

A New Jersey appeals court upheld a substantial fee award exceeding the amount in controversy...

Jun

Court Denies Preliminary Injunction to Prevent New Jersey Medicaid from Counting Annuity as Available Resource

A federal district court in New Jersey ruled that a Medicaid applicant was not entitled...

Jun

The Role of the Guardian ad litem in Probate Litigation

In general, an incapacitated person is to be represented in any litigation by a guardian,...

Jun

NJ Federal Court Awards Medicaid, Excluding Entire VA Pension Benefit from Countable Income

Hon. Robert B. Kugler, United States District Judge for the District of New Jersey, reversed...

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