Shortly after their father’s death, plaintiff (one of the decedent’s sons) filed a caveat against the estate, based on allegations of undue influence and payments made to his siblings prior to their father’s death. After his brother filed a complaint in the Superior Court, Probate Part to admit the father’s will to probate, plaintiff voluntarily.. read more →

Wayne Lippincott’s widow Anne probated a will dated two days before his death in 2015. The couple had been married 28 years, and each had grown children from prior marriages. Wayne’s children and grandchildren challenged the will, claiming undue influence, lack of capacity, forgery, and failure to comply with the formalities of execution. They sought.. read more →

ElderLawAnswers.com is a web site designed for seniors, their families, and attorneys with an interest in elder law issues ElderLawAnswers.com serves two distinct audiences: the public (namely seniors and their families), and elder law attorneys. The site delivers quality information about important issues facing seniors and provides seniors with referrals to qualified elder law attorneys.. read more →

In 1990, Irving Helsel established the “The 1990 Irving Helsel Family Trust” (the Trust), which included the “Irving Helsel Family Trust” (Family Trust) and the “Irving Helsel Exempt Trust” (Exempt Trust). He designated his children, Frederic and Bonnie, as beneficiaries of the Family Trust. The Family Trust allowed for distribution of the principal to Bonnie.. read more →

Harry and Jean Sable were the parents of three adult sons, Michael, Don and Barry. Harry and two partners owned a building in Philadelphia where Harry conducted Harry Sable, Inc., a jewelry business. Harry and Jean had wills prepared in 1994 and 1998 with similar provisions. Harry left his entire estate to Jean if she.. read more →

John E. Travers, Jr. died unexpectedly in 2017 at the age of twenty-two. He was unmarried and died without any children, without a will, and without any written directive regarding his funeral or the disposition of his remains. Decedent’s parents, who are divorced, differed on how their son’s remains should be disposed of, and each.. read more →

The decedent, Kathryn Parker Blair, had executed a will bequeathing her estate to her siblings and directing that, if any of her siblings predeceased her, that sibling’s share would pass to his or her surviving children. After her brother died, the decedent executed a new will omitting the brother’s child (“petitioner”) as a beneficiary. The.. read more →

In a recent decision, the U.S. Court of Appeals for the Federal Circuit ruled that the presumption of service-connection for certain diseases suffered by Vietnam War era veterans applied to so-called “blue water” veterans – those who served on ships in seas off the coast of Vietnam, but did not set foot on land.  Procopio.. read more →

(The following blog post is adapted from a summary of this case on the ElderLawAnswers website. Mr. Vanarelli is a founding member of ElderLawAnswers.) A New York appeals court ruled that a lower court erred in ordering the trustee of a special needs trust (SNT) to personally pay various fees and costs associated with the.. read more →

A New Jersey appeals court held that a nursing home is not entitled to summary judgment in a case alleging breach of the admissions agreement against a resident’s son based solely on the fact that Medicaid denied the resident’s application due to excess resources. Meridian Nursing and Rehabilitation Inc. v. Skwara (N.J. Super. Ct., App. Div., No… 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 →

M.K. resided in an assisted living facility (ALF) since 2006. She applied for Medicaid benefits and was approved as of May 1, 2015. Due to the income limitations of the Medicaid program, M.K. deposited all of her income in a Qualified Income Trust, or QIT. By doing so, income deposited in the QIT was not.. read more →

The decedent’s wife predeceased him. Thereafter, in 2009 the decedent executed a new will leaving his estate to his wife’s niece (the defendant). At the defendant’s suggestion, the decedent also executed a revocable living trust. Shortly thereafter, he became concerned about losing control of his assets, and he retained a new lawyer to draft a.. read more →

Anthony F. Cordasco and his wife, Louise, were living in a condominium when Louise became ill in late 2012. The Cordascos decided to sell the condominium and move in with their daughter, Roseann Altiero, who agreed to care for Louise. Anthony and Louise signed a listing agreement in January 2013 and placed the condominium on.. read more →

A Massachusetts trial court ruled that a Medicaid hearing examiner should have accepted evidence that a Medicaid applicant’s transfer of her house fell under the caretaker child exception and that the applicant’s other transfers were not made in order to qualify for Medicaid. Coko v. Daniel Tsai, Director of the Office of Medicaid (Essex Sup. Ct… read more →

Karen Horbatt was Theodore A. Kaczmarek’s niece by marriage. After Karen’s aunt died, Theodore executed a will in 2009 leaving Karen his entire estate, valued at over four million dollars. At the same time, Theodore executed a revocable living trust agreement, designating Karen as the sole trustee. Both documents were drafted by a lawyer procured.. read more →

After L.K.’s representative filed for Medicaid benefits, Medicaid sent a checklist of documents to be provided within thirty days, including American Funds account statements. Five months later, Medicaid sent a second letter, again seeking the same documents, again within thirty days. After that deadline passed, L.K’s representative sent some of the account statements and advised.. read more →

The decedent was estranged from her daughter Cheryl, the defendant, for almost 25 years, but they reconciled shortly before her death, when the decedent was ill. In 1996, the decedent and her husband had executed wills and a trust, excluding Cheryl from their estates. In 2006, the decedent and her husband consulted with a special.. read more →

A New Jersey appeals court held that the state was not required to assist a Medicaid applicant by obtaining debit card statements from her bank to verify her application. C.F.J. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-4385-16T4, Dec. 11, 2018). C.F.J. entered a nursing home and applied for.. read more →

Robert B. Cohen was a man of “great wealth.” At the time of his death at age 86, he had suffered for years from a progressive form of Parkinson’s disease. His son James filed a complaint to declare that Cohen’s 2009 will, as later modified, was valid. In turn, Cohen’s granddaughter Samantha filed a complaint.. read more →

Wyoming’s highest court ruled that the state should not have denied a Medicaid applicant’s request to reduce her penalty period because her sons partially returned transferred assets by paying her attorneys’ fees. Anderson v. State of Wyoming (Wyo.,No. 2018 WY 135, Dec. 4, 2018). Nursing home resident Lucile Anderson transferred cash and property to her sons… read more →

Kansas’s highest court suspended for six months an attorney who, among other things, charged a couple three times the going rate to qualify for public benefits based upon financial need from the Veterans Administration (VA) and Medicaid. In the Matter of Crandall (Kan., No. 117,910, Nov. 30, 2018). A couple hired David Crandall to update their.. read more →

Following the decedent’s death, Bank of America became successor trustee of four trusts created by the decedent. In 2016, the decedent’s children filed complaints against the bank, seeking accountings for the trusts. The bank submitted accountings and a complaint seeking court approval of the accountings. The decedent’s children then filed another complaint, seeking another accounting.. read more →

Petitioner was admitted to Monmouth Medical Center. Thereafter, petitioner was discharged to Liberty Royal Rehabilitation and Health Care Center (Liberty Royal), a Medicaid certified nursing home. Less than one week later, he was transferred to Crystal Lake Nursing and Rehabilitation Center (Crystal Lake), another Medicaid certified nursing home. Petitioner remained at Crystal Lake until his.. read more →