Category

Interesting New Cases
26
Mar

Dispute Between Adult Children About Their Parents’ Nursing Home Placement Is Not Domestic Violence

March 26, 2017
This case arose from the conduct of siblings who held divergent views regarding placing their...
29
Jan

Appeals Court Clarifies Right of Surviving Spouse Who Received Medicaid To Share In Deceased Spouse’s Estate

January 29, 2017
As 2007 began, Arthur Brown, who was then seventy-eight years old, and his wife, Mary,...
27
Sep

Summary Judgment Reversed: Claim That Lifetime Transfers Were Made To Avoid Decedent’s Obligations To Daughter Under Divorce Agreement Can Proceed

September 27, 2016
When he died in 2012, the decedent, retired physician Henry D. Rubenstein, left his insolvent...
25
Jul

Appellate Court Affirms DDD Denial of Payment to Guardian

July 25, 2016
M.L. is the co-guardian and mother of C.L., a disabled 25-year old man with autism...
08
Jul

Federal Appeals Court Rules Special Needs Trust Distributions May Not Be Counted As Income By Section 8 Housing Program

July 8, 2016
Reversing a federal district court, the U.S. Court of Appeals for the First Circuit ruled...
22
Apr

Court Affirms Termination of Personal Care Assistance Services Received by Disabled Person Since 2009

April 22, 2016
In this case, a New Jersey appeals court held that a disabled New Jersey resident...
21
Mar

Court Orders Plaintiff to Pay All Fees in Withdrawn Contested Guardianship Case

March 21, 2016
A trial court ruled that the plaintiff, who brought but ultimately withdrew the complaint in...
09
Feb

The Top 10 National Elder Law Decisions of 2015

February 9, 2016
Below, in chronological order, is the annual roundup of the top 10 national elder law...
01
Nov

NJ Court Rules Evidence in Cell Phones Must Be Produced in Tangible Form Before Trial

November 1, 2015
In this case, an Ocean County judge ruled that litigants in domestic violence cases who...
16
Oct

Chancery Court Admits Unsigned Last Will and Testament to Probate

October 16, 2015
The decedent, William Anton, was survived by his wife, with whom he was in the...
21
May

Top 10 New Jersey Elder Law and Special Needs Planning Cases Decided in 2014

May 21, 2015
The 17th Annual Elder Law Retreat, presented by the New Jersey State Bar Association Elder and...
15
Apr

Distributions From Special Needs Trust Cause Ineligibility For Housing Assistance Under Section 8 Program

April 15, 2015
A federal district court ruled that a public housing authority properly counted distributions from 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...
04
Dec

Recent Legal Developments in Special Needs Planning for Disabled Beneficiaries

December 4, 2014
On December 3rd, I presented at the 72nd Semi-Annual Tax and Estate Planning Forum sponsored by...
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...
14
May

Using Flawed Reasoning, NJ Medicaid Denies Benefits To A Wartime Veteran’s Widow By Incorrectly Counting VA Pension As Income

May 14, 2014
Although the petitioner in this case, A.G., succeeded in obtaining Medicaid benefits after filing a...
06
Feb

Agenda Posted Outside of the New Jersey Supreme Court on Thursday, February 4, 2014

February 6, 2014
This is the agenda posted outside the New Jersey Supreme Court on Thursday, February 4,...
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...
07
Sep

Sender Of Text Message May Be Liable For Accident Caused By Driver Distracted While Reading Text

September 7, 2013
In an interesting case of first impression, the New Jersey Appellate Division held that the...

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