Category

Elder Law
23
Jul

Guardian Who Provided Care To Ward in Ward’s Home, Refusing To Place Ward in Nursing Home Against Her Wishes, Found Not Guilty of Neglect

July 23, 2013
Reversing state agency and appeals court rulings, the highest court of the State of Washington...
22
Jul

Federal Court Enjoins New Jersey From Counting Annuity Owned By Medicaid Applicant’s Spouse As An Available Resource

July 22, 2013
A federal district court judge in New Jersey granted a Medicaid applicant’s motion for a...
12
Jul

Appeals Court Concludes New Jersey Does Not Have A Duty to Inform Disabled Beneficiary Of Eligibility For Services

July 12, 2013
A New Jersey appeals court held that the State did not have a duty to...
28
May

SSA Revises Regulations, Permits First-Party Trusts to Pay for Non-Beneficiary Travel in Some Cases

May 28, 2013
The Social Security Administration (SSA) has revised its Program Operations Manual System (POMS) to allow...
14
May

Undue Influence

May 14, 2013
After an individual’s death, litigation regarding the decedent’s estate can arise in a variety of...
13
May

Lack of Testamentary Capacity

May 13, 2013
After an individual’s death, litigation regarding the decedent’s estate can arise in a variety of...
10
May

Legal Counsel Required In Proceeding To Appoint Testamentary Guardian Under Decedent’s Will

May 10, 2013
For the first time in New Jersey, the appellate court has ruled that legal counsel...
04
May

Presentation on the Impact of Elder Law Issues on Divorce Mediation

May 4, 2013
On Saturday, April 27, 2013, I presented a session on the impact of elder law...
28
Apr

Pre-Death Will Contests

April 28, 2013
In a contested guardianship, the guardianship applicant often wishes to pursue additional claims involving the...
01
Apr

Improvident Gifts Made During A Decedent’s Lifetime

April 1, 2013
When a party believes that the decedent’s estate was depleted prior to his or her...
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...
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