Blog

26
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...
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21
Oct

Convening A Mediation

Convening a mediation involves getting often recalcitrant parties to participate in the mediation. It is...
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07
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...
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06
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...
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04
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...
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01
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...
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29
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...
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29
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...
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26
Sep

Overview of the VA’s Adjudication System

(I recently ordered a free DVD from the American Bar Association (ABA). That’s right; it...
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22
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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16
Sep

Will A Veteran Approved For VA Pension Also Receive Free Or Discounted Prescriptions?

Following is an exchange posted on a electronic bulletin board devoted to the discussion of...
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15
Sep

Family Ties Do Not Create A “Confidential Relationship” Sufficient To Invalidate A Will Based On Undue Influence

The concept of what constitutes a “confidential relationship” (one of the elements creating a presumption...
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11
Sep

The “Mere Possibility” Of An Attorney Conflict Of Interest May Be Sufficient To Establish An Ethical Breach

New Jersey estate planning attorneys were again reminded of the conflict of interest minefield they...
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02
Sep

My Latest Article, Entitled “Client Capacity – Assessment and Advocacy,” Published In The New Jersey Lawyer Magazine

Lawyers who regularly deal with elderly and disabled clients like I do often confront the...
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01
Sep

Arbitration Agreements In New Jersey Nursing Home Contracts Are Enforceable, But Some Provisions Are Voidable For “Substantive Unconscionability.”

In an August 10, 2010 opinion that was approved for publication, the New Jersey Appellate...
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17
Aug

My Latest Article Published In the New Jersey Foundation For Aging – Renaissance Magazine

The New Jersey Foundation for Aging was founded in 1998 to improve the quality of...
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16
Aug

Federal Court In Connecticut Holds That The Income Stream from An Annuity Is Not An Asset for Medicaid Eligibility Purposes

In Lopes v. Starkowski (U.S. Dist. Ct., Dist. Conn., No. 3:10-CV-307, August 11, 2010), the...
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14
Aug

Court Finds Joint Account Does Not Pass To Surviving Owner, But Passes Under Decedent’s Will

Most of the cases discussed on this blog (and, I suspect, on most blogs which...
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06
Aug

A Case Study Involving Social Security and SSI Benefits, An Overpayment, Divorce, A Special Needs Trust And A Successful Effort To Increase The SSI Monthly Benefit Amount

I don’t usually blog about the Social Security cases my law firm handles, although we...
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04
Aug

New Jersey Courts Continue To Make New Law In The Area Of Internet Privacy Rights

A case recently decided by the Superior Court of New Jersey, Appellate Division, continues the...
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