Blog

28
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...
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25
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...
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20
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...
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19
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...
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11
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...
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07
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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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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