Category

Elder Law
18
Mar

N.J. Supreme Court Grants Certification To Review State’s Refusal To Permit Retired Firefighter To Name Special Needs Trust As Beneficiary Of Pension For His Disabled Child

March 18, 2013
Recently, the New Jersey Supreme Court granted a Petition for Certification I filed asking the Court...
14
Mar

Court Rules Last Will And Testament Controls The Disposition Of Estate Assets Transferred To Revocable Trust During Decedent’s Life

March 14, 2013
Earlier this month, Hon. Robert P. Contillo, Presiding Judge of the Chancery Division, Bergen County,...
12
Feb

New Jersey Courts May Reform A Testamentary Trust In A Will To Effectuate the Probable Intent of the Testator

February 12, 2013
The New Jersey Supreme Court has directed that the Court’s function in construing a decedent’s...
04
Feb

Decedent’s Foreign Property Is Included In Calculating Spousal Elective Share, Despite Decedent’s Contrary Intent

February 4, 2013
In Estate of Peck, the Chancery Division, Probate Part examined a decedent’s testamentary intent regarding...
25
Jan

Top 12 Elder Law Court Rulings In 2012 From Across The Nation

January 25, 2013
Below, courtesy of the ElderLawAnswers website, is the annual roundup of the top 12 elder...
06
Jan

Attorney Owed Duty To Client To Follow Up With Agents To Obtain And Review Inventory And Accountings Required In Power Of Attorney

January 6, 2013
An attorney who drafted a power of attorney for a client that included a requirement...
06
Jan

Are Estate Plans Involving Trusts And Other Sophisticated Techniques Necessary Now That The Federal Estate Exemption Is $5 Million?

January 6, 2013
Until recently, estate planners have typically created estate plans by using a number of sophisticated...
31
Dec

Niece Who Did Not Sign Admissions Agreement As "Responsible Party" For Aunt Is Not Liable For Aunt’s Unpaid Nursing Home Bill

December 31, 2012
A Rhode Island trial court holds that a niece who signed a nursing home admissions...
16
Dec

Court Rules Income From Special Needs Trust Must Be Utilized In Calculating Trust Beneficiary’s Child Support Obligation

December 16, 2012
The parties in this case had a brief relationship which resulted in the birth of...
07
Dec

New Medicare Premiums, Deductibles, and Co-insurances

December 7, 2012
The Centers for Medicare and Medicaid Services has announced new Medicare premiums, deductibles, and co-insurances...
28
Nov

Top 11 Steps In Creating Your Elder Life Plan

November 28, 2012
As we age, the decrease in independence and concurrent increasing need for care which often...
03
Oct

Top Ten (or so) New Jersey Elder and Disability Law Cases in 2012

October 3, 2012
(The 15th Annual Elder and Disability Law Symposium was held on October 3, 2012 at...
25
Sep

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

September 25, 2012
For the past several years, I have represented Thomas Saccone, a retired Newark, NJ firefighter...
20
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

September 20, 2012
A New York appeals court allowed a case for legal malpractice and breach of fiduciary...
13
Aug

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

August 13, 2012
In a case that can be seen as a warning to potential plaintiffs in probate...
02
Jul

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

July 2, 2012
In a published opinion, the New Jersey Appellate Division took a further step away from...
29
Jun

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

June 29, 2012
In a landmark ruling released on Thursday, June 28, 2012, the United States Supreme Court...
28
Jun

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

June 28, 2012
Where an original last will and testament is lost or cannot be found upon the...
02
Jun

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

June 2, 2012
An appeals court in New Jersey held that a nursing home resident’s adult child who...
12
Mar

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

March 12, 2012
A New Jersey appeals court recently ruled that a Medicaid recipient’s wife is not entitled...
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