In September 2015, Y.M. was declared an incapacitated person, and the Office of the Public Guardian (OPG) was appointed as Y.M.’s guardian. Y.M. was a resident of Hudson View nursing home. The month after its appointment as guardian, OPG filed a Medicaid application on behalf of Y.M. After the application was denied, Hudson View filed.. read more →

The decedent was a widow with no family. She had a close relationship with her neighbors. Shortly after a birthday party for the neighbors’ daughter, she handed the neighbors a check for $100, along with a 5-page document the decedent signed using her nickname, “A.J.” At trial, there was no dispute that the decedent possessed.. read more →

The following blog post is adapted from an article on NJ.com: A few years ago, Tracey Mitchell’s dad needed to go into a nursing home. Mitchell had no complaints about the care he received, but three months before he died, a surprise arrived via regular mail. It was a lawsuit alleging Mitchell owed $49,000 to the.. read more →

On January 7, 2016, R.P.’s stepdaughter applied for Medicaid on R.P.’s behalf. At the time, the case worker asked the stepdaughter to supply certain additional information. However, the stepdaughter testified that the caseworker did not give her a written notice requesting information. According to Medicaid, it then sent a February 22, 106 letter to the.. read more →

After suffering a stroke and spending a period of time in a rehabilitation facility, A.K. was discharged to her home, where she spent the following two years prior to moving to a long-term care facility. Her daughter lived with her for the two-year period. A.K. attended a therapeutic day care program. The daughter worked outside.. read more →

The decedent’s will was admitted into probate in Bergen County, New Jersey, after the court found that he was a New Jersey domiciliary at the time of his death. His ex-wife sought to challenge New Jersey’s jurisdiction, claiming that the decedent was a New York domiciliary. The decedent had died unexpectedly in July 2016, during.. read more →

Following their divorce, the decedent, John Garay, and his ex-wife owned a parcel of real property as equal tenants in common. Upon John’s death, the property was owned equally by John’s estate and the ex-wife. The co-executors of John’s estate were two of the Garays’ thirteen children. In 2013, the property was sold to one.. read more →

R.S. transferred her one-third interest in a house she owned jointly with her daughter and son-in-law to her daughter. Less than five years later, R.S. applied for Medicaid, and asserted that the transfer was exempt under Medicaid’s “caregiver child” exception to the rules prohibiting any transfers of assets within five years of the Medicaid application.. read more →

The decedent was survived by her incapacitated son, for whom the decedent had previously been appointed guardian. Following the decedent’s death, there was protracted litigation regarding the estate, a related trust, and the guardianship, which spanned four years. At the conclusion of the litigation, the attorneys involved submitted fee applications, seeking to be awarded payment.. read more →

In 2006, the William Mallas executed a Last Will and Testament dividing his estate equally between his brother and niece. In March 2008, he signed a power of attorney designating his neighbor, Frank Picciolo, as his agent. In November 2008, Mr. Mallas executed a new POA again naming Frank as his agent, and a new.. read more →

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 →