In the May 30, 2014 Kongtcheu v. Secaucus Healthcare Center decision, the United States District Court for the District of New Jersey denied the defendant nursing home’s motion to dismiss a claim against it brought by nursing home resident Philbert F. Kongtcheu. In Kongtcheu, the pro se nursing home resident brought a variety of claims.. read more →
In this case, the United States District Court for the Southern District of New York granted summary judgment for plaintiffs in a lawsuit alleging that the State of New York failed to render final decisions following Fair Hearings within the ninety-day period following the filing of Fair Hearing requests as required by federal and state.. read more →
In an interesting case of first impression, the New Jersey Appellate Division held that the sender of a text message can potentially be liable if an accident is caused by texting if the sender of the text knew or had special reason to know that the recipient would view the text while driving and thus.. read more →
In an August 29, 2013 unpublished decision, the Appellate Division considered and affirmed the trial court’s denial of a nursing home’s motion to dismiss a personal injury and wrongful death claim brought by the estate of a former resident. Levonas v. Regency Heritage Nursing and Rehabilitation Center (Docket No. A-4995-11T4, Aug. 29, 2013). In Levonas, the.. read more →
Renee Halpecka died in 2005 when she was 84 years old. Before her death, Renee had been very ill for many years and was cared for by her husband. After her husband died in 2001, Rosemary Walsh, a neighbor, became Renee’s caretaker and served as her agent under a financial power of attorney and medical.. read more →
New Jersey appeals court reversed a final restraining order entered in a domestic violence lawsuit, holding that “excessive texting” from one divorced parent to the other does not necessarily amount to harassment. L.M.F. v. J.A.F.,Jr., Superior Court of New Jersey, Appellate Division, Docket No. A-0121-10T3, approved for publication. The parties married in 1989 and divorced.. read more →
After an individual’s death, litigation regarding the decedent’s estate can arise in a variety of contexts. A common claim asserted in an estate litigation is that the decedent lacked “testamentary capacity” (the capacity to make a will). An individual’s mental capacity is judged based upon the transaction or act that the person is undertaking. One.. read more →
For the first time in New Jersey, the appellate court has ruled that legal counsel for the ward must be appointed by a chancery court in a proceeding to confirm the appointment of a testamentary guardian under a decedent’s Last Will and Testament. Matter of C.F.C., An Incapacitated Person, Superior Court, Appellate Division, Docket No… read more →
In a contested guardianship, the guardianship applicant often wishes to pursue additional claims involving the validity of a Last Will and Testament or other estate documents purportedly executed by the alleged incapacitated person at or before the time the guardianship action was filed. In such cases, plaintiffs often claim that the Last Will and Testament.. read more →
Earlier this month, Hon. Robert P. Contillo, Presiding Judge of the Chancery Division, Bergen County, New Jersey, set aside a decedent’s Last Will and Testament, ruling that the Will was the result of undue influence by one of her adult children who was the principal beneficiary of the will. In doing so, Judge Contillo made.. read more →
In Estate of Mendonca v. DaSilva, Docket No. A3515-11T2 (App. Div. Feb. 22, 2013), the decedent, Ricardo Mendonca died intestate as a result of an automobile accident. His only heir was his minor son, who lived with his mother in Brazil. Unbeknownst to the minor child’s mother, the decedent’s other family members had filed a.. read more →
In a November 5, 2010 blog post, I discussed the Superior Court of New Jersey, Appellate Division decision in Matter of Sand, Docket No. A-1856-08T1 (App. Div., November 1, 2010). In that case, the appellate court affirmed the trial court’s ruling that the decedent’s daughter’s attempt to set aside her mother’s will, claiming undue influence.. read more →
In my January 20 blog post, I discussed the time limits imposed under R. 4:85-1 of the New Jersey Court Rules for filing challenges to the probate of a will. In an Appellate Division case decided on January 18, 2013, the effect of an administrator’s fraud on those time limits was addressed, in Matter of.. read more →
A challenge to a will (as opposed to, for example, (1) a challenge to non-probate designations; (2) a challenge to pre-death transfers by a power of attorney; or (3) a challenge to the actions of an executor following probate of a will) may be initiated two ways. First, by way of a caveat; second, by.. read more →
(The 15th Annual Elder and Disability Law Symposium was held on October 3, 2012 at the New Jersey Law Center, in New Brunswick, NJ. This year, as in the past few years, I gave the case law update at the opening plenary session by summarizing the top ten (10) or so elder and disability law.. read more →
After John Lopes was admitted to a nursing home, his wife, Amelia, purchased a irrevocable, nontransferable, single premium annuity for $166,878.99 from The Hartford Life Insurance Company. The annuity contract provided for monthly payments of $2,340.83 over a period of approximately six years. In a letter, the annuity company confirmed that no part of the.. read more →
Upholding the decision of a trial judge who quashed a subpoena, New Jersey appellate court ruled that plaintiffs in a defamation suit over anonymous postings on a blog may not obtain the writers’ names via subpoena served on the corporate host of the blog. Somerset Development, LLC v. Cleaner Lakewood, Superior Court of New Jersey,.. read more →
In a case that can be seen as a warning to potential plaintiffs in probate actions, the Appellate Division in In the Matter of the Estate of Lillian Schmidt, affirmed a Probate Part order denying counsel fees to the unsuccessful contestant in a probate litigation. In Schmidt, the defendant, John Teagno, who was the decedent.. read more →
In a recent precedential decision, the United States Court of Appeals for the Third Judicial Circuit held that laws passed by the State of Pennsylvania designed to regulate special needs trusts (SNT) which placed greater restrictions on the SNTs than were contained in federal law governing SNTs “transgress[ed] federal intent” and were preempted by federal.. read more →
Last year, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled that “the VA’s failure to provide adequate procedures for veterans facing … delays in the delivery of mental health care violates the Due Process Clause of the Fifth Amendment [of the Constitution].” In addition, the Court found stark evidence.. read more →
A Pennsylvania appellate court held that son is liable for his mother’s $93,000 nursing home bill under the state’s filial responsibility law. Health Care & Retirement Corporation of America v. Pittas (Pa. Super.Ct., No. 536 EDA 2011, May 7, 2012). John Pittas’ mother entered a nursing home for rehabilitation following a car crash in September 2007… read more →
In the December 13, 2011 Estate of Sano Chancery Division case, the decedent’s wife had sued the decedent’s former employee (Ms. Chung) and that employee’s sister (Ms. Choi), claiming that they defrauded and unduly influenced the decedent to change a beneficiary designation of a $2.5 million life insurance policy. The policy had originally named the.. read more →
Federal district court in New Jersey denied a Medicaid applicant’s request for an injunction directing the state to disregard his wife’s purchase of a life estate in their daughter’s home when determining his eligibility for nursing home Medicaid benefits. The Court ruled that issues of fact were in dispute, preventing an injunction from being issued… read more →
In a September 30, 2011 unpublished opinion, our Appellate Division considered the duty owed by the scrivener of a will to third parties, and declined to extend that duty to the stepson of a decedent who had been omitted from the decedent’s will. In Taffaro v. Connell, No. A-4928-09T2 (App. Div. Sept. 30, 2011), Dolores.. read more →
(The 14th Annual Elder and Disability Law Symposium was held on September 21, 2011 at the New Jersey Law Center, in New Brunswick, NJ. This year, along with a formal presentation on assigning income to special needs trusts, I gave the case law update at the opening plenary session by summarizing the top ten (10).. read more →
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