Category

Elder Law
21
Jan

Federal Court Holds Short-Term Annuities Purchased By Medicaid Applicants Constituted Improper Transfers Of Assets

January 21, 2014
A federal district court in Western Pennsylvania held that the purchases of single premium immediate...
16
Jan

Overview of the Supplemental Security Income Program

January 16, 2014
Supplemental Security Income (SSI) is a cash assistance program funded and administered by the federal...
17
Nov

Court Denies NJ’s Motion To Dismiss Federal Class Action Lawsuit Alleging State Improperly Counted VA Pension In Denying Medicaid Eligibility

November 17, 2013
In a recent opinion, Hon. Robert B. Kugler, United States District Judge for the District...
13
Nov

Amicus Curiae Granted Permission To Appear Before The Supreme Court Regarding State’s Refusal To Permit Retired Firefighter To Name Special Needs Trust As Beneficiary Of Pension Benefit For His Disabled Child

November 13, 2013
On March 13, 2013, the highest court of our state granted my Petition for Certification,...
12
Nov

New Hampshire Law Gives Nursing Homes the Right to Sue Fiduciaries and Recipients of Gifts from Facility Residents

November 12, 2013
The New Hampshire legislature has enacted a new law that allows nursing homes to sue...
10
Nov

Court Finds State’s Failure To Render Final Decisions Within 90 Days Of Concluding Fair Hearings Violated Federal And State Law

November 10, 2013
In this case, the United States District Court for the Southern District of New York...
04
Sep

Transfers By Medicaid Applicant To Adult Disabled Children Are Exempt, Even Though Children’s Social Security "Disability" Benefits Were Converted To “Retirement” Benefits At Age 65

September 4, 2013
In an Initial Decision of the New Jersey Office of Administrative Law, Administrative Law Judge...
01
Sep

Making Medical Decisions For Someone Else: A How-To Guide

September 1, 2013
An “advance medical directive” (also known as a “health care advance directive” or “instruction directive”)...
02
Aug

Administrator Must Satisfy Estate Creditors From Probate Assets First Before Attaching Non-Probate Assets

August 2, 2013
A Chancery Court judge determined that the administrator of an insolvent estate in New Jersey...
01
Aug

Appeals Court Affirms Summary Judgment In Favor Of Plaintiffs In Will Contest Alleging Undue Influence

August 1, 2013
Renee Halpecka died in 2005 when she was 84 years old. Before her death, Renee...
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...
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