Category

Elder Law
04
Dec

Recent Legal Developments in Special Needs Planning for Disabled Beneficiaries

December 4, 2014
On December 3rd, I presented at the 72nd Semi-Annual Tax and Estate Planning Forum sponsored by...
02
Dec

Criminal Conviction for Theft by Daughter who Withdrew Funds from Joint Account with Father Upheld

December 2, 2014
An appeals court in Maryland has upheld the criminal conviction of a daughter who withdrew...
01
Dec

Social Security Benefits Deposited Into Special Needs Trust Countable In Determining Medicaid Eligibility

December 1, 2014
Reversing a trial court, an appeals court ruled that a beneficiary’s Social Security benefits, though...
16
Nov

PA Appeals Court Rules that Unlimited Gifting Authority in Power of Attorney Does Not Protect Agent from Criminal Liability for Self-Dealing

November 16, 2014
Contrary to popular opinion, under the law of Pennsylvania, New Jersey and other states, an...
14
Nov

401(k) and IRAs Owned by Spouse of Medicaid Applicant may not be countable by New Jersey Medicaid

November 14, 2014
New Jersey Medicaid may not count IRAs, 401(k) and pension plans owned by the spouse...
11
Nov

With Upcoming Major Overhaul of Medicaid, Managed Long Term Services and Supports Debuts in New Jersey

November 11, 2014
As discussed in a prior blog post, a major overhaul of Medicaid will be introduced...
20
Oct

Medicaid’s Filing Deadline For An Appeal Can Be Extended Based On “Extraordinary And Extenuating Circumstances”

October 20, 2014
An appeal of a claim for Medicaid benefits that was filed late may be considered...
13
Oct

Challenge to Summary Administration Fails; Pre-Death Distributions by Power of Attorney Were “Unconventional” But Not Fraudulent

October 13, 2014
Following the decedent’s death, one of his three children applied for summary administration of the...
09
Oct

Major Overhaul of Medicaid, Extending Eligibility to Many New Jersey Residents, Scheduled for November 1, 2014

October 9, 2014
New Jersey’s Qualified Income Trust Template For many years, Medicaid programs available to elderly and...
08
Oct

Entry of Order Determining Issue of Genuine Dispute was Erroneous; Failure to Give Adverse Party Five Days to Object Violated New Jersey Court Rules

October 8, 2014
In In re Tomei Trust, in connection with a family dispute regarding ownership of a...
06
Oct

In Appointment of Guardian, Appellate Division Overrides “Kinship-Hierarchy Preference” Where Result Would Be Contrary To Best Interests Of The Ward

October 6, 2014
In re S.H. was a contested guardianship litigation centering on who should be appointed guardian for...
29
Sep

NAELA Members described as “True Friends of the Court” in New Jersey Supreme Court decision allowing State Pension to pay into Special Needs Trust

September 29, 2014
Appearing Above, Left to Right: NAELA Board member Ron Landsman, Esq., CAP, who filed a...
23
Sep

Article in New Jersey Law Journal on Our Recent NJ Supreme Court Victory in Case Involving a Disabled Child, State Pension and Special Needs Trust

September 23, 2014
Court OKs Trusts for Disabled Kids of Cops and Firefighters NJ Supreme Court Justice Jaynee...
23
Sep

Order Directing Parties Rather Than Ward Pay Court-Appointed Counsel’s Fee In Guardianship Case Upheld On Appeal

September 23, 2014
This was a contested guardianship case involving S.H., called “Sarah” by the court, a 28...
17
Sep

Top Ten New Jersey Elder and Disability Law Cases in 2014

September 17, 2014
The 17th Annual Elder and Disability Law Symposium was held on September 17, 2014 at...
16
Sep

Because Right of Surviving Joint Owner to Multiple-Party Accounts Turns on Intent of the Decedent and Relationship of the Parties, Summary Judgment dismissal was Inappropriate

September 16, 2014
In In re Estate of DeFrank, 433 N.J. Super. 258 (App. Div. Nov. 15, 2013),...
15
Sep

Objection to Admitting Handwritten Will to Probate Properly Dismissed, but Trial Court lacked Authority to Transfer Non-Probate Assets to Trust

September 15, 2014
In Estate of William Strohmenger, 2013 N.J. Super. Unpub. LEXIS 2651 (App. Div. Oct. 31,...
13
Sep

NJ Supreme Court Permits Disabled Child of Retired Fireman to Designate Special Needs Trust as Beneficiary of State Pension Plan

September 13, 2014
(In the midst of my oral argument before the New Jersey Supreme Court held on...
10
Sep

Attorney Representation of Father and Sons in Estate Planning did not Constitute Conflict of Interest or Breach of Fiduciary Duty

September 10, 2014
In Salvemini v. Spector, 2013 N.J. Super. Unpub. LEXIS 2942 (App. Div. Dec. 13, 2013),...
03
Sep

Appeals Court Affirms Penalty, Ruling Gifts Not Made Exclusively for a Purpose Other than to Qualify for Medicaid

September 3, 2014
Gifts made during the Medicaid look-back period result in a penalty, or period of ineligibility,...
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