Between April 2, 2018 and April 11, 2018, the New Jersey Superior Court, Appellate Division, issued six separate opinions involving Medicaid. While this is unusual, what is even more striking is that all six cases involve the same appellate court panel, and the same attorney representing each of the appellants. In these cases, the law.. read more →

After J.C. was admitted to a nursing facility, her son, S.C., submitted an application to the Camden County Board of Social Services for Medicaid benefits on her behalf. The county welfare board notified J.C. that she was eligible for long-term care benefits but her transfer of assets for less than full market value during the.. read more →

A.S.’s nephew and power of attorney designated Senior Planning Services (“SPS”) as A.S.’s authorized representative for establishing Medicaid eligibility. In SPS filed a Medicaid application, which was denied for excess resources on December 10, 2012. After SPS filed a request for a fair hearing but before the fair hearing was scheduled, A.S. died, and SPS.. read more →

There were three Medicaid applications filed on behalf of E.M. The first was filed in 2012 by his daughter, after his admission to a subacute care center. At the time, E.M. was suffering from dementia and was on a ventilator and feeding tube. This Medicaid application was denied for failure to provide documents to Medicaid,.. read more →

D.G. was declared legally incapacitated, and her son was appointed as her guardian. Her son designated an attorney from the firm of Peluso, Castelluci & Weintraub as D.G.’s representative for purposes of a Medicaid application. The attorney filed a Medicaid application in April 2013. In July 2013, D.G.’s son (her guardian) died unexpectedly. D.G.’s daughter.. read more →

After A.S. entered a nursing home, her son T.S. applied for Medicaid benefits on her behalf, listing A.S.’s sister’s address on the application. In June 2013, because the necessary financial information was not provided, Medicaid notified T.S. that the application was dismissed, and that T.S. had a right to request a fair hearing. However, T.S… read more →

On February 1, 2016, a Medicaid application was filed on behalf of W.S. by Hammonton Center for Rehabilitation and Healthcare as his authorized representative. On June 21, 2016, the application was denied for failure to provide information necessary to make an eligibility determination. The information outstanding consisted of bank statements from an ING Direct account… read more →

Because K.K. was a legal permanent resident (LPR) of the United States before August 22, 1996, the Superior Court, Appellate Division, reversed a Medical denial based on the agency’s error in finding that the applicant “had not been a permanent resident for five years or more.” K.K. v. Division of Medical Assistance and Health Services,.. read more →

A New Jersey appellate court ruled that a court can alter the plain and unambiguous language of a trust when extrinsic evidence suggests that the trust language is not what the settlor intended. In the Matter of the Trust of Violet Nelson, Deceased, Docket No. A-4004-15T1 (App. Div. March 28, 2018). Violet and Joseph Nelson had.. read more →

A New Jersey appeals court vacated an order approving a settlement and placing it in a special needs trust (SNT), ruling that there was no “meeting of the minds” between the parties. V.M. v. Jersey Shore University Medical Center, (N.J. Super. Ct. App. Div., A-0781-16T1, Nov. 3, 2017). LaTanya Murphy and her adult son V.M… read more →

A judge in Los Angeles ruled that a spouse in California is the presumptive healthcare decision-maker when there is no advance directive and the partner is in a persistent vegetative state. In re the Matter of Juan Fernando Romero, Patient, Case No. 16STPB06815 (Superior Ct., March 2, 2018). The case involved Juan Fernando Romero, who suffered.. read more →

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 →

Edna M. Fone, a widow, had two children, Richard J. Fone, Jr. and Katherine Fone. Following Edna’s death, Richard sought to probate a 2009 Will allegedly signed by Edna which omitted Katherine as a beneficiary. In response, Katherine filed a lawsuit, seeking to invalidate the purported Will, alleging Richard had exerted undue influence over their.. read more →

A.M. appealed a gift penalty imposed by the Medicaid agency based on a transfer of assets. The penalty was imposed based on $100,000 in distributions to beneficiaries of an irrevocable trust established by A.M. with her assets. A.M. asserted that the transfer penalty was inappropriate because she established the trust and transferred assets into the.. read more →

Following two days of trial in a probate litigation among the decedent’s children, the parties notified the trial court that it had settled the case. They placed the settlement terms on the record. Those terms included a provision that the parties’ legal fees would be paid by the Estate “following the submission of certifications of.. 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 →

The decedent, Alfred Finocchiaro, Sr., died in 2011, predeceased by his wife. The decedent had two sons (Alfred Jr. and Frank) and a daughter. His son Alfred Jr. had predeceased him, having committed suicide on December 29, 2006. The decedent’s daughter survived him, but died before the trial in this case began. The decedent resided.. 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 →

Defendant Rosemary Walsh was the executor of the estate of Irene Halpecka, and had been agent under Ms. Halpecka’s power of attorney. Along with the plaintiffs, Walsh was also named as a residuary beneficiary of the estate. Following Halpecka’s death, plaintiffs sued Walsh, alleging breach of fiduciary duty and undue influence in her actions as.. read more →

Although it is common practice to add the name of a family member to a bank account as a convenience, the existence of a “convenience” account can have negative results when that family member applies for Medicaid benefits. In F.J. v. Division of Medical Assistance and Health Services, the applicant’s daughter testified that she opened.. read more →

A New Jersey appeals court upheld the denial of Medicaid benefits to an applicant who failed to provide necessary verifications, rejecting the claim that the Medicaid agency’s failure to assist with the application prejudiced the applicant. P.B. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-5405-15T2, Dec. 8, 2017). P.B.’s daughter.. read more →

Before Mr. Trotman was admitted to a nursing home, he resided in a home that he owned. He had difficulty maintaining the home and paying the bills, so his daughter began paying his bills in 2007. In December 2011, Mr. Trotman asked his daughter to assume full responsibility for the property, which then was also.. read more →

Louis Acerra, the decedent, died at the age of 30 from injuries he suffered in a house fire. He survived more than two years after the fire before finally succumbing to those injuries. During those two years, he was cared for by Richard Litwin. Litwin had been in a relationship with the decedent’s mother when.. read more →

Ohio’s highest court suspended an attorney who advised his client to transfer assets in order to qualify for Medicaid and then lied to the state Medicaid agency about whether the client transferred assets. Stark County Bar Association v. Buttacavoli (Ohio, No. 2017-Ohio-8857, Dec. 7, 2017). Attorney Glen Buttacavoli’s law practice consisted of providing financial-planning advice.. read more →

This appeal concerned the trial court’s ruling that a 2013 deed was valid. The appellants, who were appointed co-executors of the decedent’s will, claimed that the deed was the product of undue influence. The decedent had owned a condominium and, in 2012, she executed a deed conveying that interest to herself and her niece, as.. read more →