Blog – Page 65 – Vanarell & Li, LLC, Westfield, NJ Elder Law Attorneys

Dec

Top 10 (Actually 11) New Jersey Guardianship Cases Decided In 2010 (Including Some Great Cases Decided In 2009)

I’m pleased to report that 2010 yielded a rich harvest of guardianship decisions from...

Nov

Top 10 Veterans Service-Connected Disability Compensation Benefit Cases Decided By The Federal Circuit In 2009 – 2010

A disability compensation benefit is paid by the Department of Veterans Affairs (VA) to a...

Nov

Ohio Violated Federal Law In Counting Annuity Purchased By Community Spouse

Ohio’s First District Court of Appeals has joined other state and federal courts across the...

Nov

Court Finds Medicaid Applicant Eligible For Benefits; Her Bank’s Lack Of Cooperation Prevented Applicant From Accessing Her Accounts

A.D., a retired physician, began residing at Bergen Regional Medical Center (Bergen Regional), a nursing...

Nov

Department of Veterans Affairs – News Release

November 1, 2010 Washington, D.C. VA Begins Paying Benefits for New Agent Orange Claims VA...

Nov

The Frustrating Tale Of A Retired Firefighter Repeatedly Denied The Right To Plan His Estate To Benefit His Severely Disabled Child

Thomas Saccone is a retired Newark, NJ firefighter. He and his wife’s only son, Anthony,...

Nov

Who Is A Veteran For Benefits Purposes?

The two monetary benefits available to disabled veterans are Service-Connected Compensation and Non-Service Connected Pension....

Nov

Court Discusses The Legal Standard To Be Applied When Considering A Request By A Divorced Parent To Remove A Child To Another State

In Mary Elizabeth Walsh-Morales v. Jon D. Morales, Docket No. A0524-09T2 (Appellate Division, November 5,...

Nov

Failure To Treat Children Equally Is Insufficient Grounds To Set Aside A Will For Lack Of Capacity Or Undue Influence

As an elder law attorney, I receive many inquires from potential clients asking me to...

Nov

Judge Awards Benefits To Medicaid Applicant Who Made A Gift “Exclusively For A Purpose Other Than To Establish Medicaid Eligibility”

My law firm recently was successful on appeal in overturning the denial of Medicaid eligibility...

Oct

Guide To Overcoming Legal and Psychological Barriers to Settlement in Elder Mediation

Problem: Communication / Negotiation Issues Example: Siblings’ long-standing mistrust of each other prevents them...

Oct

Convening A Mediation

Convening a mediation involves getting often recalcitrant parties to participate in the mediation. It is...

Oct

Internet Postings And Defamation

W.J.A. v. D.A., Docket No. A-0762-09T3; (Appellate Division, September 27, 2010) is a defamation case...

Oct

Recent Inspection Of Disability Claims Filed By Veterans At VA Regional Office In Newark, NJ Reveals Significant Errors

The Benefits Inspection Division is part of the Office of Inspector General (IG) in the...

Oct

Opening Remarks – Case Law Update At The 13th Annual Elder and Disability Law Symposium

(The 13th Annual Elder and Disability Law Symposium was held on September 29, 2010 at...

Oct

A Draft Will That Was Not Reviewed By The Client Before Death Cannot Be Admitted To Probate

In New Jersey, a document may be accepted for probate as a will in a...

Sep

VA Publishes Final Regulation on “Presumptive” Illnesses for Gulf War, Iraq and Afghanistan Veterans

Today, a final regulation was published in the Federal Register (75 FR 59968 ) making...

Sep

New ABA Opinion Provides Lawyers With Guidance On Website Content and Visitor Inquiries

A new ethics opinion by the American Bar Association, Formal Opinion 10-457 (Lawyer Websites), identifies...

Sep

Overview of the VA’s Adjudication System

(I recently ordered a free DVD from the American Bar Association (ABA). That’s right; it...

Sep

A Decision Of The Compromise Panel To Reject A Request To Reduce A State Institutional Lien Is Rarely Overturned On Appeal

In the Estate of Rosa M. Mendoza v. Trenton Psychiatric Hospital and Department of Human...

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