Blog

02
Jun

A “Responsible Party” Under A Nursing Home Admission Agreement May Be Sued For Monies Owed To The Facility

An appeals court in New Jersey held that a nursing home resident’s adult child who...
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23
May

9th Circuit Dismisses Veterans’ Lawsuit, Ruling That Congress, Not The Court, Is Responsible For Fixing The VA’s Mental Health Care And Compensation Benefit Systems

Last year, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit...
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14
May

Understanding Federal Estate Taxes, and State Estate and Inheritance Taxes (All Of Which Are Commonly Referred To As “Death Taxes”)

Two types of taxes can be assessed against property that passes to your heirs after...
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10
May

Top 10 States With The Most Expensive Costs For Care In Assisted Living Facilities

The cost for care in an assisted living facility (ALF) varies widely throughout the United...
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08
May

Appeals Court Holds Adult Child Liable for Mother’s Nursing Home Bill Under Filial Responsibility Law

A Pennsylvania appellate court held that son is liable for his mother’s $93,000 nursing home bill...
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01
May

Tips From The Parent Of A Child With ADHD About Navigating The Special Education Maze

Recently, I had a consultation with a parent of a child suffering from attention deficit-hyperactivity...
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01
May

Claim of Surviving Joint-Owner of Estate Assets Can Be Defeated If Decedent Did Not Intend to Leave Assets to Survivor, or If a Confidential Relationship Existed

Aurelia DeFrank died on August 18, 2009, a resident ofMercer County, New Jersey. Although decedent’s...
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24
Apr

NJ Court Refuses To Enforce Mediated Settlement, Finding Post-Mediation Correspondence Memorializing The Agreement To Be Confidential

In this case, the chancery court held that post-mediation correspondence between the attorneys for the...
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18
Apr

Appeals Court Enforces Mediated Settlement Agreement Drafted By The Mediator, Not The Parties’ Lawyers

In Beim v. Sawyer (N.J. App. Div. A-2816-10T1, decided on February 29, 2012), defendant, in her...
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04
Apr

Never Conclude A Successful Mediation Without A Settlement Agreement Signed By the Parties

In Williamson v. Boehringer-Ingelheim Pharmaceuticals (N.J. App. Div., March 12, 2012), the New Jersey appellate...
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30
Mar

New Jersey’s First Full-Day Estate / Probate and Elder Mediation Training Program Was A Success

Our Estate/Probate and Elder Mediation Training program, held yesterday at the New Jersey Law Center,...
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23
Mar

VA Releases New Medical Forms To Support Faster Claims Processing

The Department of Veterans Affairs (VA) recently announced the release of 68 new forms that...
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14
Mar

In The First New Jersey Case Of Its Kind, Court Finds Juror In Contempt For Conducting Research On The Internet Resulting In Mistrial

In the first reported case of its kind in New Jersey, Judge Peter E. Doyne,...
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12
Mar

Spouse of Medicaid Recipient Not Entitled To Increased Income Allowance Because Her Financial Duress Not Caused by Exceptional Circumstances

A New Jersey appeals court recently ruled that a Medicaid recipient’s wife is not entitled...
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05
Mar

New Jersey Legislature Considers Bill Allowing Courts To Modify Alimony And Child Support Based Upon Decrease In Income Of Paying Spouse

Bill No. 1388 was recently introduced in the New Jersey Senate with an identical, companion...
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04
Mar

New Jersey Should Adopt The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

New Jersey legislators are now considering passage of the Uniform Adult Guardianship and Protective Proceedings...
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01
Mar

New Jersey Mental Health Players To Provide Interactive Session At NJAPM’s Upcoming Estate And Elder Mediation Training Program

Established in 1978, the New Jersey Mental Health Players Program (NJMHP), celebrating its 34th year,...
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01
Mar

Punitive Damages Awarded Based Upon Breach of Fiduciary Duty By Trustee

Verna and John Obermuller transferred their real property located in Brooklyn, New York to their...
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28
Feb

Social Security Mandates Electronic Filing Of Disability Appeals

In a recent Federal Register Notice, the Social Security Administration (SSA) required lawyers who represent...
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27
Feb

Undue Influence Claim Defeated Where Contestant Fails To Establish “Confidential Relationship,” But Fees Are Apportioned Based Upon Accounting Issues

In September 2010, I blogged about the Matter of the Estate of Jewell B. Sykes...
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