Category

Estate Planning
11
Mar

Adult Child Has No Legal Right To An Inheritance Since New Jersey Law Permits Parents To Disinherit Their Children

March 11, 2015
A trial court in Bergen County held that a parent’s promise to leave assets to...
10
Mar

Virginia Lawyer Who Bungled Client’s Will Liable to Will Beneficiaries, While Claims Filed by Trust Beneficiaries against Florida Lawyer Dismissed

March 10, 2015
As a general rule, an attorney hired to prepare a will or trust for a...
09
Mar

Marriage Does Not Create a “Presumptive Right” to a Deceased Spouse’s Life Insurance Benefits

March 9, 2015
A New Jersey appeals court rejected a surviving spouse’s public policy argument to adopt a...
09
Dec

SSI / Medicaid / Social Security / Medicare Income Limits, Premium Increases  and Resources Allowances for 2015

December 9, 2014
 Supplemental Security Income (SSI): Effective 1-1-15  SSI Federal Benefit Rate           SSI Resource...
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...
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...
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),...
25
Aug

Doctrine of Laches Justifies Dismissal of Probate Lawsuit Against Executor, filed 5 Years after Release was Signed

August 25, 2014
In re Estate of Klausner, 2014 N.J. Super. Unpub. LEXIS 1517 (App. Div. June 23,...
22
Jul

Uniform Fiduciary Access to Digital Assets Act Passed by Uniform Law Commission

July 22, 2014
The Uniform Law Commission, a national law group, approved a new law on July 16,...
20
Jul

Competent Party Cannot Appear in Divorce Proceeding Through Power of Attorney

July 20, 2014
New Jersey trial judge ruled that a litigant may not appear at trial in a...
25
Jun

NJ Court Dismisses Lawsuit by Alleged Abuser Against Those Who Reported and Investigated Claims of Elder Abuse and Neglect

June 25, 2014
A New Jersey trial judge dismissed a lawsuit asserted by an alleged abuser against a...
12
Jun

Substantial Attorneys Fee Award Upheld In Will Contest Alleging Undue Influence

June 12, 2014
A New Jersey appeals court upheld a substantial fee award exceeding the amount in controversy...
07
Mar

Getting a “Conformed,” but Unsigned, Copy of a Last Will and Testament Admitted to Probate in New Jersey

March 7, 2014
When our law office prepares a Last Will and Testament and other estate documents for...
17
Feb

Video of NJ Supreme Court Oral Argument to Give Public Employee the Right to Direct Pension Death Benefit to Special Needs Trust for Disabled Child

February 17, 2014
Video of Oral Argument before the New Jersey Supreme Court in Thomas Saccone v. Board...
11
Feb

The Top 10 Elder Law Court Rulings of 2013

February 11, 2014
The annual roundup of the top 10 11 elder law decisions from across the country...
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,...
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”)...
05
Aug

NY Trustee Ordered To Repay Special Needs Trust For Distributions Made For Goods And Services Obtainable From Public Benefits

August 5, 2013
Justice Laura L. Jacobson, a  New York trial judge, held that a trustee of a...
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