The defendant, who was the agent under his aunt’s power of attorney and executor of her estate, was sued by beneficiaries of the decedent’s estate for breach of fiduciary duty as her agent and executor. The power of attorney and will were executed in 1998. The plaintiffs alleged that, beginning in 2001, the defendant wrongfully.. read more →
Following Joan McBride’s death, her sons from her first marriage asserted claims against her second husband Charlie, who had served as Joan’s power of attorney and executor of her will. Joan and Charlie married in 1997 and remained married until Joan’s death in 2016. The sons claimed Charlie unduly influenced Joan in connection with certain.. read more →
Powers of Attorney are common but often misunderstood estate documents in New Jersey and other states. A power of attorney is a legal document. When you sign a power of attorney, you appoint another person to serve as your agent (or “attorney-in-fact”). Legally, there are many duties and responsibilities imposed on an agent under a.. read more →
Vanarelli & Li, LLC provides Special Needs Trusts and Disability Planning Attorney Services throughout the State of New Jersey. See: https://vanarellilaw.com/special-needs-disability-planning/ Elder Law topics covered in this video include Guardianships, Conservatorships, Power of Attorney, Representative Payeeships (SSA and SSI), Joint Tenancies (including joint bank accounts), Advance Medical Directives (living wills), Do Not Resuscitate (DNR).. read more →
In 2003, Michael Yahatz opened a bank account. The following year, the bank was acquired by Bank of America (“BOA”) and the account was converted to a money market account. In 2005, Mr. Yahatz signed a BOA signature card, which included an acknowledgement that the account would be governed by BOA’s deposit agreement. The deposit.. read more →
Sylvia Fishbein and her husband created the Fishbein Revocable Trust in 1994. In 2005, following Mr. Fishbein’s death, Mrs. Fishbein executed a pour-over will, an advance directive naming her stepdaughter Leslie as her healthcare representative, and a power of attorney naming her nephew Eugene as her agent. In 2011, Mrs. Fishbein fractured her hip and.. read more →
Donald D. Vanarelli, Esq. will be speaking at the “First Annual End Of Life Conference: Legal and Practical Issues in Advance Care Planning” presented by the New Jersey Institute of Continuing Legal Education on Monday, Oct. 5, 2015, from 9 a.m. to 1 p.m., at the NJ Law Center in New Brunswick, NJ This program,.. read more →
Following the decedent’s death, one of his three children applied for summary administration of the estate pursuant to N.J.S.A. 3B:10-4, which governs intestate estates that do not exceed $10,000. More than two years later, the estranged wife of one of the decedent’s children filed an action for probate, claiming that there was a 2005 will.. read more →
The Uniform Law Commission, a national law group, approved a new law on July 16, 2014 which provides access to digital assets by executors, guardians, agents under powers of attorney and other fiduciaries. The purpose of the Uniform Fiduciary Access To Digital Assets Act (UFADAA) is to provide fiduciaries with the authority necessary to access,.. read more →
New Jersey trial judge ruled that a litigant may not appear at trial in a divorce case through an agent appointed by the litigant in a power of attorney (POA). Marsico v Marsico, Docket No. FM-15-1152-13-N (Chancery Div., Ocean County, Hon. L.R. Jones, J.S.C.) Louis and Beverly Marsico are both in their eighties, and married.. read more →
An attorney who drafted a power of attorney for a client that included a requirement that the client’s agents provide an inventory and yearly accountings to the attorney had a duty to ensure the agents complied with the requirements, according to an Ohio appeals court. Svaldi v. Holmes (Ohio Ct. App., 10th Dist., No. 12-AP167,.. read more →
As we age, the decrease in independence and concurrent increasing need for care which often occur can be a source of stress and conflict in many families. Adult children who must provide care to aging parents or who must make health care or financial decisions for dependent family members face tremendous challenges. Care-giving and decision-making.. read more →
An appeals court in New Jersey held that a nursing home resident’s adult child who signed a nursing home admission agreement as the “Responsible Party” can be sued in his/her individual capacity for monies owed to the facility for services rendered to the resident if the adult child fails to use the resident’s financial resources.. read more →
I am presently involved in a lawsuit in which my clients, three adult children of their now deceased father, are suing their deceased father’s former agent under a Power of Attorney. As alleged in the Verified Complaint filed by plaintiffs, the adult children claimed that the decedent either was incompetent when he signed the Power.. read more →
A New Jersey appeals court upheld the imposition of a penalty period on a nursing home resident’s receipt of Medicaid benefits, holding that the resident failed to rebut the presumption that a court-ordered payment made to the resident’s adult children for previously uncompensated services provided under a power of attorney was not a valid payment.. read more →
Matter of Mildred B. Trocolor involved a dispute between two of the decedent’s adult children who were co-executors of the decedent’s estate. The decedent’s daughter, Daryl, brought the lawsuit, alleging that, while the decedent, Mildred B. Trocolor, was alive, the defendants, her brother Robert and his wife, Genevieve, stole substantial sums of money from the.. read more →
The New Jersey Foundation for Aging was founded in 1998 to improve the quality of life of New Jersey’s older residents. The Foundation is a nongovernmental, nonprofit organization that derives its financial support through contributions from private donors, public and private foundations and corporations. The mission of the Foundation is “to improve and expand new.. read more →
Most of the cases discussed on this blog (and, I suspect, on most blogs which spotlight developments in the law) focus principally on decisions issued by the higher-level courts, the appellate courts and the supreme court of the state. However, the majority of court decisions in New Jersey and other states are issued by trial.. read more →
A New Jersey administrative law judge (ALJ) recently held, contrary to a court order awarding wages for services rendered, that a payment to the adult children of a Medicaid applicant for services rendered under a power of attorney was properly considered to be a gift by the State’s Division of Medical Assistance and Health Service.. read more →
State v. Kennedy, 61 N.J. 509 (1972) explored the issue of “legally authorized” transfers made by an agent under a power of attorney. Kennedy obtained a power of attorney that was assumed to have been executed by the elderly victim, authorizing Kennedy to draw upon the victim’s bank accounts. Kennedy misappropriated most of the money.. read more →
Defendant, Benjamin Levine, served as power of attorney for his aunt, Grace Levine. Defendant’s aunt was admitted to a convalescent facility owned by plaintiff, Hebrew Health Care, Inc. During the admissions process, the defendant signed an “Admission and Financial Agreement” which provided, among other things, that defendant “promptly apply for, or … assist the [plaintiff].. read more →
Did you know that, under New Jersey law, you are entitled to receive compensation for services rendered as a fiduciary, such as an Executor, Administrator, Trustee, Guardian, Agent under a Power of Attorney and Conservator? Well, you are. Any compensation paid to a fiduciary in New Jersey is called a “commission”. The amount of any.. read more →
A new New York form updating and replacing the old New York Power of Attorney form has been developed and is available below on this blog. Also available on this blog is the new New York Statutory Major Gifts Rider form that must be completed in order to grant an agent under a power of.. read more →
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