Category

Estate Planning
11
Jun

Court Awards Federal Estate Tax Refund To Surviving Spouse Of Lesbian Couple

June 11, 2012
Under existing federal law, spouses who pass away can leave property of any value to...
02
Jun

A “Responsible Party” Under A Nursing Home Admission Agreement May Be Sued For Monies Owed To The Facility

June 2, 2012
An appeals court in New Jersey held that a nursing home resident’s adult child who...
14
May

Understanding Federal Estate Taxes, and State Estate and Inheritance Taxes (All Of Which Are Commonly Referred To As “Death Taxes”)

May 14, 2012
Two types of taxes can be assessed against property that passes to your heirs after...
25
Jan

New IRS Notice Explains How A Surviving Spouse Can Use The Unused Portion Of The Deceased Spouse’s Federal Estate Tax Exemption

January 25, 2012
Currently, the value of assets passing to heirs upon the death of a U.S. citizen...
17
Nov

Court Reformation Of A Trust In Order To Effectuate The Settlor’s Intent

November 17, 2011
(Below I have reproduced a portion of the legal argument section in a brief we...
09
Aug

Guardian Removes Life Support From Terminally-Ill Patient Contrary To Wishes Of Health Care Proxy

August 9, 2011
At the time of the Court’s decision, Marie Fecoskay was an 87 year old woman...
03
Aug

The Creation Of A Health Care Proxy Under New York Law Does Not Trigger An Agent’s Authority To Make Health Care Decisions

August 3, 2011
Rita Stein, on behalf of herself and as executrix of the estate of her deceased...
02
Aug

Disqualifying Opposing Counsel In A Lawsuit Involving Abuse Of A Power of Attorney

August 2, 2011
I am presently involved in a lawsuit in which my clients, three adult children of...
14
Jul

Failure To Provide ‘Clear And Convincing Proof" of Decedent’s Intent Mandates Denial Of Action To Reform Trust

July 14, 2011
In this case, the decedent, William McLellan, created an irrevocable life insurance trust for the...
05
Jun

Court-Approved Compensation Paid To Medicaid Applicant’s Children For Services Under Power Of Attorney Does Not Prevent Medicaid Penalty

June 5, 2011
A New Jersey appeals court upheld the imposition of a penalty period on a nursing...
30
May

Credibility Determinations By A Trial Court In Cases Involving Claims of Abuse Of A Power Of Attorney Are Binding On Appeal

May 30, 2011
Matter of Mildred B. Trocolor involved a dispute between two of the decedent’s adult children...
28
Mar

Clear Evidence Of Testamentary Intent Prevails Over Formalities Governing Will Formation: Handwritten Notations On A Letter Constitute A Valid Will

March 28, 2011
Superior Court Judge Walter Koprowski, Jr. ruled on February 1, 2011 that handwritten notations on...
12
Dec

Summary Of Changes To The Estate And Gift Tax Laws In 2011 And 2012 Resulting From Enactment Of The “Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010”

December 12, 2010
Senate Majority Leader Harry Reid (D/NV) has introduced legislation designed to enact the tax cut...
18
Nov

The Frustrating Tale Of A Retired Firefighter Repeatedly Denied The Right To Plan His Estate To Benefit His Severely Disabled Child

November 18, 2010
Thomas Saccone is a retired Newark, NJ firefighter. He and his wife’s only son, Anthony,...
11
Sep

The “Mere Possibility” Of An Attorney Conflict Of Interest May Be Sufficient To Establish An Ethical Breach

September 11, 2010
New Jersey estate planning attorneys were again reminded of the conflict of interest minefield they...
02
Sep

My Latest Article, Entitled “Client Capacity – Assessment and Advocacy,” Published In The New Jersey Lawyer Magazine

September 2, 2010
Lawyers who regularly deal with elderly and disabled clients like I do often confront the...
17
Aug

My Latest Article Published In the New Jersey Foundation For Aging – Renaissance Magazine

August 17, 2010
The New Jersey Foundation for Aging was founded in 1998 to improve the quality of...
14
Aug

Court Finds Joint Account Does Not Pass To Surviving Owner, But Passes Under Decedent’s Will

August 14, 2010
Most of the cases discussed on this blog (and, I suspect, on most blogs which...
20
Apr

ALJ Finds, Contrary To Court Order, That Payment To Adult Children For Services Provided To Medicaid Applicant Under Power Of Attorney Was A Gift

April 20, 2010
A New Jersey administrative law judge (ALJ) recently held, contrary to a court order awarding...
16
Mar

Tips For Parents Of Children With Disabilities And Other Special Needs Who Are Planning Their Estates

March 16, 2010
The following list contains some of the most frequently encountered issues faced by parents of...
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