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New Cases
25
Jan

Top 12 Elder Law Court Rulings In 2012 From Across The Nation

January 25, 2013
Below, courtesy of the ElderLawAnswers website, is the annual roundup of the top 12 elder...
15
Jan

Court-Appointed Trustee Of Special Needs Trust Not Entitled To Fee Barred By Trust

January 15, 2013
A California appeals court ruled that a trial court inappropriately awarded trustee fees to the...
06
Jan

Attorney Owed Duty To Client To Follow Up With Agents To Obtain And Review Inventory And Accountings Required In Power Of Attorney

January 6, 2013
An attorney who drafted a power of attorney for a client that included a requirement...
31
Dec

Niece Who Did Not Sign Admissions Agreement As "Responsible Party" For Aunt Is Not Liable For Aunt’s Unpaid Nursing Home Bill

December 31, 2012
A Rhode Island trial court holds that a niece who signed a nursing home admissions...
16
Dec

Court Rules Income From Special Needs Trust Must Be Utilized In Calculating Trust Beneficiary’s Child Support Obligation

December 16, 2012
The parties in this case had a brief relationship which resulted in the birth of...
24
Oct

Class Action Challenging Medicare’s “Improvement Standard” Settled, Easing Coverage Rules for Beneficiaries

October 24, 2012
The settlement of Jimmo v. Sebelius, Docket No. 11-cv-17 (D.Vt., January 18, 2011), a nationwide...
08
Oct

Court Concludes Broad Discovery Requests For A Party’s Social Media Website Information Are Improper; Motion To Compel Denied

October 8, 2012
Social media websites like Facebook, Twitter and LinkedIn often contain an enormous amount of highly...
03
Oct

Top Ten (or so) New Jersey Elder and Disability Law Cases in 2012

October 3, 2012
(The 15th Annual Elder and Disability Law Symposium was held on October 3, 2012 at...
02
Oct

Second Circuit Affirms That Income Stream from Annuity Is Not an Asset for Medicaid Purposes

October 2, 2012
After John Lopes was admitted to a nursing home, his wife, Amelia, purchased a irrevocable,...
27
Sep

Identities Of Anonymous Writers In New Jersey Posting Allegedly Defamatory Statements On A Blog Are Not Subject To Disclosure

September 27, 2012
Upholding the decision of a trial judge who quashed a subpoena, New Jersey appellate court...
25
Sep

Recent Argument Before The Appellate Division In A Case Involving A Public Pension And A Testamentary Special Needs Trust

September 25, 2012
For the past several years, I have represented Thomas Saccone, a retired Newark, NJ firefighter...
20
Sep

Malpractice Case May Proceed Against New York Attorney Who Charged More Than $44,000 For Medicaid Planning To Protect Net Estate Worth $130,000

September 20, 2012
A New York appeals court allowed a case for legal malpractice and breach of fiduciary...
15
Aug

Unsuccessful Will Contestant Is Denied Counsel Fees

August 15, 2012
I recently blogged about In the Matter of the Estate of Lillian Schmidt, a case...
13
Aug

After Years of Litigation, Unsuccessful Probate Plaintiff Is Denied Counsel Fees

August 13, 2012
In a case that can be seen as a warning to potential plaintiffs in probate...
02
Jul

Appellate Division Affirms Admission Of Unsigned Copy Of Purportedly Executed Will To Probate

July 2, 2012
In a published opinion, the New Jersey Appellate Division took a further step away from...
29
Jun

In 5 to 4 Ruling, United States Supreme Court Upholds Affordable Care Act

June 29, 2012
In a landmark ruling released on Thursday, June 28, 2012, the United States Supreme Court...
25
Jun

Ruling by the 3rd Circuit Outlaws State Restrictions On Special Needs Trusts, Holding State Law Is Prempted By Federal Law

June 25, 2012
In a recent precedential decision, the United States Court of Appeals for the Third Judicial...
11
Jun

Court Awards Federal Estate Tax Refund To Surviving Spouse Of Lesbian Couple

June 11, 2012
Under existing federal law, spouses who pass away can leave property of any value to...
02
Jun

A “Responsible Party” Under A Nursing Home Admission Agreement May Be Sued For Monies Owed To The Facility

June 2, 2012
An appeals court in New Jersey held that a nursing home resident’s adult child who...
23
May

9th Circuit Dismisses Veterans’ Lawsuit, Ruling That Congress, Not The Court, Is Responsible For Fixing The VA’s Mental Health Care And Compensation Benefit Systems

May 23, 2012
Last year, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit...
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