Louis Keppel hired Donna Thomas as a home health aide. Thomas was employed by Angela’s Angels Home Healthcare and Angela’s Angels, LLC. Keppel died intestate. Dolores Guttmann and Thomas Loikith were appointed co-administrators of his estate. Guttmann and Loikith discovered that Thomas misappropriated 192 checks from Louis Keppel over a two-year period. In that regard,.. read more →

The Consumer Financial Protection Bureau (CFPB) has released a report on financial exploitation of the elderly. The report compiles information from Suspicious Activity Reports (SARs) submitted by banks, credit unions, casinos, and other financial services providers. Based upon the SARs, financial institutions have reported that financial exploitation of older adults by scammers, family members, caregivers,.. read more →

The decedent was an elderly man with no immediate family. His Last Will and Testament left his estate to a cousin, several charities and individuals, and to two Valley National Bank employees, including the defendant. One of the bank employees refused the bequest as unethical, based on the bank’s Employee Code of Conduct. The defendant.. read more →

For additional information concerning nursing home law and litigation, visit: Nursing Home Law and Litigation read more →

Many taxpayers recently filed their taxes and may be waiting for a response from the IRS. Because of this summertime tends to be a period when thieves increase their scam attempts. They try to get people to disclose personal information like Social Security numbers, account information and passwords. To avoid becoming a victim, taxpayers should.. read more →

While many people take summer vacations, data thieves do not. Phishing emails and telephone scams continue to pop up around the country. The IRS reminds everyone to be vigilant to avoid becoming a victim. Here are some things for taxpayers to remember so they can keep their personal data safe: The IRS does not leave.. read more →

The U.S. Senate Special Committee on Aging has released the 2018 Fraud Book, listing the Top 10 Elder Scams Of 2018 based on reports to the Senate hotline.  The report is entitled “Fighting Fraud: Senate Aging Committee Identifies Top 10 Scams Targeting Our Nation’s Seniors.” From January 1, 2017, through December 31, 2017, the Senate.. read more →

Although the decedent had four children, she left her entire estate to two of the children. However, the will did not mention her two omitted daughters, or the fact that they were being omitted. One of the omitted daughters sued, claiming the will was the result of undue influence or lack of testamentary capacity. The.. read more →

In October 2017, Congress passed an important new law, the Elder Abuse Prevention and Protection Act (EAPPA). The EAPPA is one of very few laws which allocates federal funds to address financial elder abuse. The new law was a direct reaction to increasing incidents of financial elder abuse. Every year, thieves, swindlers and even the.. read more →

The United States Court of Appeals for the Third Circuit has ruled that a New Jersey attorney is liable for damages for using undue influence to take $391,000 from an elderly relative. Jane Adkins sued her brother, New Jersey attorney John Sogliuzzo, in federal court, claiming that her brother misappropriated assets belonging to Mary Grimley, their mother’s.. read more →

Kindred v. Clark involves two Kentucky cases, in which family members of deceased Kindred nursing home residents, Joe Wellner and Olive Clark, filed lawsuits against Kindred. They alleged that Kindred’s substandard care led to the deaths of the decedents. In response, the nursing home moved to dismiss the cases, claiming that arbitration agreements barred the.. read more →

Financial abuse of the elderly has been called the “crime of the 21st century.” The average victim of abuse is a female, age 75 or older, with limited resources. Generally, the victim is widowed, frail and vulnerable because of mental or physical impairments. When a loved one is a victim of abuse, there are certain.. read more →

The plaintiff, Marjorie Fister, is the mother of defendant Kevin Edward Fister. In 2010, the defendant, along with his wife and four adult children, moved into plaintiff’s home with her. Mrs. Fister’s health declined and, in 2012, she moved into her daughter’s New York home. However, the defendant and his family remained in Mrs. Fister’s.. read more →

When Helen Weste died in 2010, she was divorced with no children. In 1994, she had executed a will leaving her estate to charities and nieces and nephews. In 2001, Helen’s health began to fail. In April 2002, family members contacted her ex-husband (who was agent under her power of attorney), and he flew in.. read more →

Vicinio v. Carluccio, Leone, Dimon, Doyle & Sacks, LLC is a legal malpractice action stemming from an underlying family dispute involving the Estate of Philomena Vicinio. Philomena Vicinio’s health began to deteriorate after her husband’s death. Thereafter, Mrs. Vicinio attempted to reside with her daughter, Roseann, on several occasions, with each attempt short-lived because of.. read more →

Following bench trial, a trial judge ruled that a state law designed to protect seniors and other vulnerable customers does not (1) impose a legal duty on a bank or its employees to report fraudulent wire tire transfers to authorities, or (2) create a private right of action permitting an elderly customer who was the victim.. read more →

In order to protect the public and and guard against elder abuse by lawyers, the New Jersey Supreme Court suspended an attorney from the practice of law for one-year after the attorney borrowed nearly $90,000 from an elderly, unsophisticated widow who he knew for many years. In the Matter of William J. Torre, an Attorney.. read more →

Caring for an elderly or disabled person frequently involves strenuous physical tasks as well as managing financial matters, organizing care, and more. As a result, caregivers may feel frustrated, isolated, stressed and overwhelmed. Although these feelings are perfectly normal, they can be harmful to both the caregiver and the person needing care. Over time, elder.. read more →

Happy New Year to clients, supporters, friends and readers. Last month, an article on this blog ranked the 25 most popular blog posts and website articles on the Vanarelli Law Office website in 2015. Since then, I decided to narrow my focus a little. In this post, I focused solely on blog posts, and created.. read more →

Linda Hall was the executrix of her mother’s estate. Hall had initially had a 2005 will admitted to probate. When Hall’s sister, Carol Polak-Reid (“Reid”) filed a complaint alleging that their mother had executed another will in 2011, Hall represented that she had attempted to have the 2011 will admitted, but the surrogate had rejected.. 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 →

Contrary to popular opinion, under the law of Pennsylvania, New Jersey and other states, an unlimited gifting authority in a power of attorney does not protect the agent from criminal liability for self-dealing. A recent appeals court decision in Pennsylvania demonstrates this legal principal. Commonwealth of Pennsylvania v. Patton David L. Patton was arrested in.. read more →

A New Jersey trial judge dismissed a lawsuit asserted by an alleged abuser against a group of defendants who had either reported or investigated claims of elder abuse and neglect by the abuser. Rizzo v Bergen County Board of Social Services, Docket No. BER – L – 2926 – 12 (Law Div., June 10, 2014)… read more →

A New Jersey appeals court upheld a substantial fee award exceeding the amount in controversy for work preformed by law firm in a probate litigation when representing the estate of a man manipulated into modifying his will through undue influence because the wrongdoer’s actions contributed to, and greatly increased, the time and effort required to.. read more →