Category

Elder Law
01
Nov

November is Alzheimer’s Awareness Month

November 1, 2016
President Obama has proclaimed November 2016 as National Alzheimer’s Disease Awareness Month. The President has...
22
Oct

Donald D. Vanarelli (Retired), Esq. to Present at the 2016 Elder Law College

October 22, 2016
Donald D. Vanarelli (Retired), Esq. (https://vanarellilaw.com/) will present at the 2016 Elder Law College given...
17
Oct

Medicare’s Annual Open Enrollment Period Runs From October 15 to December 7. It’s Now Time to Reassess Medicare Choices

October 17, 2016
Medicare’s annual open enrollment period runs from October 15 to December 7–the period when enrollees...
12
Oct

Preliminary Injunction Denied in Lawsuit to Prevent Medicaid Agency from Counting Dead Husband’s Assets

October 12, 2016
A U.S. district court denied a preliminary injunction to a Medicaid applicant who sued New...
10
Oct

Court Directs Son and His Family to Vacate Mother’s Home, Allowing Home to be Sold to Pay for Mother’s Care Needs

October 10, 2016
The plaintiff, Marjorie Fister, is the mother of defendant Kevin Edward Fister. In 2010, the...
27
Sep

Summary Judgment Reversed: Claim That Lifetime Transfers Were Made To Avoid Decedent’s Obligations To Daughter Under Divorce Agreement Can Proceed

September 27, 2016
When he died in 2012, the decedent, retired physician Henry D. Rubenstein, left his insolvent...
19
Sep

Father’s Transfer To Son’s Business Was An Investment, Not A Gift; Therefore, The Father’s Estate Has An Ownership Interest In The Business

September 19, 2016
The decedent, Byung-Tae Oh, was a citizen and resident of the Republic of Korea. His...
13
Sep

Wife’s Death, After Executing Property Settlement Agreement But Before Final Divorce, Constitutes Waiver of Husband’s Right To Inherit

September 13, 2016
A few months prior to her death, Basabadatta Pattanayak and her husband Sandeep Srinath executed...
11
Sep

Does a Section 529 Educational Savings Plan Account Impact a Minor Receiving SSI Benefits?

September 11, 2016
Question: Does a Section 529 educational savings plan account impact the eligibility of a minor...
17
Aug

“Spousal Refusal” Strategy, Used to Avoid Paying Nursing Home, Held to Create Implied Contract to Repay Medicaid Benefits

August 17, 2016
A New York trial court entered judgment against a woman who refused to contribute to...
16
Aug

Guardianship Not Warranted Where Less Restrictive Alternatives Available To Address Needs Of Alleged Incapacitated Person

August 16, 2016
A New York surrogate turned down a guardianship petition filed by the parents of a...
15
Aug

Trust Instrument Does Not Immunize Trustee From Liability For Breaching Duty Of Undivided Loyalty To Beneficiaries

August 15, 2016
In 1992, Ann Mark created two irrevocable trusts for the benefit of her three children....
01
Aug

In Contested Guardianship Action, Counsel Fees Awarded to Plaintiff and Court-Appointed Guardian; Denied to Lawyer Hired by Alleged Incapacitated Person

August 1, 2016
Plaintiff filed an action seeking to declare his mother, D.W., an incapacitated person, and seeking...
25
Jul

Appellate Court Affirms DDD Denial of Payment to Guardian

July 25, 2016
M.L. is the co-guardian and mother of C.L., a disabled 25-year old man with autism...
18
Jul

Appellate Court Affirms Admission of Will to Probate, Rejecting Lack of Capacity and Undue Influence Claims

July 18, 2016
When Helen Weste died in 2010, she was divorced with no children. In 1994, she...
14
Jul

Medicaid Officials Not Liable For Providing False Information; Applicant Could Have Obtained Correct Info By Hiring A Lawyer

July 14, 2016
In a recent opinion, an appellate court in Minnesota held that county officials were not...
08
Jul

Federal Appeals Court Rules Special Needs Trust Distributions May Not Be Counted As Income By Section 8 Housing Program

July 8, 2016
Reversing a federal district court, the U.S. Court of Appeals for the First Circuit ruled...
06
Jul

Trial Court Did Not Abuse its Discretion in Restricting Son’s Visitation with Incapacitated, Gravely Ill Mother

July 6, 2016
In 2014, Joseph Fabics filed a verified complaint seeking guardianship of his mother. The court...
05
Jun

The Best Way to Talk to Someone with Alzheimer’s

June 5, 2016
I just read an insightful article in the Washington Post. The article, by Susan Berger,...
24
May

NJ Supreme Court Rules Non-Lawyers Who Assist In Medicaid Planning Are Engaged In The Unauthorized Practice of Law

May 24, 2016
The Committee on the Unauthorized Practice of Law, appointed by the Supreme Court of New...
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