Blog – Page 50 – Vanarell & Li, LLC, Westfield, NJ Elder Law Attorneys

Sep

Identities Of Anonymous Writers In New Jersey Posting Allegedly Defamatory Statements On A Blog Are Not Subject To Disclosure

Upholding the decision of a trial judge who quashed a subpoena, New Jersey appellate court...

Sep

Recent Argument Before The Appellate Division In A Case Involving A Public Pension And A Testamentary Special Needs Trust

For the past several years, I have represented Thomas Saccone, a retired Newark, NJ firefighter...

Sep

Gifting, Medicaid and VA Aid and Attendance Benefits

Aid and Attendance is a benefit that is available through the Department of Veterans Affairs...

Sep

Malpractice Case May Proceed Against New York Attorney Who Charged More Than $44,000 For Medicaid Planning To Protect Net Estate Worth $130,000

A New York appeals court allowed a case for legal malpractice and breach of fiduciary...

Sep

Attaining Eligibility For Nursing Home Medicaid Using A Gift – Annuity Strategy

Medicaid is a joint federal and state program that provides a funding source to pay...

Sep

Social Security Disability Boot Camp

History What is generally thought of as Social Security is now contained in Title II...

Sep

New Veterans Are Going Online For Comaraderie And Information

New veterans are going online to find camaraderie or get their questions answered. Some websites...

Sep

Biological Father Who Was A "Deadbeat Dad" Entitled To Half Of Assets In Deceased Daughter’s Special Needs Trust

A New Jersey appeals court recently affirmed a trial court judgment dividing the assets remaining...

Sep

Ethics Complaint Filed Against New Jersey Attorneys Who “Friended” Plaintiff So They Could Access Private Information On His Facebook Page

Two New Jersey defense attorneys allegedly caused a paralegal to “friend” the plaintiff in a...

Aug

Unsuccessful Will Contestant Is Denied Counsel Fees

I recently blogged about In the Matter of the Estate of Lillian Schmidt, a case...

Aug

After Years of Litigation, Unsuccessful Probate Plaintiff Is Denied Counsel Fees

In a case that can be seen as a warning to potential plaintiffs in probate...

Jul

Psychiatric Advance Directives

Today, most states authorize the use of some form of psychiatric advance directive (PAD). PADs...

Jul

Appellate Division Affirms Admission Of Unsigned Copy Of Purportedly Executed Will To Probate

In a published opinion, the New Jersey Appellate Division took a further step away from...

Jun

In 5 to 4 Ruling, United States Supreme Court Upholds Affordable Care Act

In a landmark ruling released on Thursday, June 28, 2012, the United States Supreme Court...

Jun

Can A Photocopy Of a Will Be Admitted To Probate In Place Of The Original Will?

Where an original last will and testament is lost or cannot be found upon the...

Jun

Ruling by the 3rd Circuit Outlaws State Restrictions On Special Needs Trusts, Holding State Law Is Prempted By Federal Law

In a recent precedential decision, the United States Court of Appeals for the Third Judicial...

Jun

Determining Disability Under Social Security’s Regulations And Rulings

Regulations governing the Social Security Administration (SSA) set forth a five-step sequential evaluation process for...

Jun

New Social Security Regulations Prohibit Funds From Special Needs Trusts To Be Used To Pay For Family Visits, And Limit Trust Payments To Caregivers Who Are Medically-Trained

The Social Security Administration (SSA) recently revised four sections of the Program Operations Manual System...

Jun

Court Awards Federal Estate Tax Refund To Surviving Spouse Of Lesbian Couple

Under existing federal law, spouses who pass away can leave property of any value to...

Jun

GAO Recommends Congress Establish A Look-Back Period And Asset Transfer Penalty Rules for Non-Service Connected Veterans Pension Applicants

The Department of Veterans Affairs’ (VA) pension program is intended to provide money benefits to...

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