Category

New Cases
17
May

VA Petitioner Wins Right To Challenge Secretary’s Appointment Of Fiduciary

May 17, 2011
In Freeman v. Shinseki, No. 10-1462 (U.S. Ct. App. Vet. Claims April 26, 2011), 2011...
03
May

Transfer Penalty Does Not Begin Until Medicaid Applicant’s Assets Transferred To Her Son Were Used To Pay For Applicant’s Care

May 3, 2011
A New Jersey appeals court ruled that the penalty period for a Medicaid applicant who...
05
Apr

Medicaid Applicant Failed To Prove Large Transfer Was Made Exclusively For A Reason Other Than To Qualify For Medicaid

April 5, 2011
A New Jersey appeals court ruled that a nursing home resident who transferred the majority...
28
Mar

Clear Evidence Of Testamentary Intent Prevails Over Formalities Governing Will Formation: Handwritten Notations On A Letter Constitute A Valid Will

March 28, 2011
Superior Court Judge Walter Koprowski, Jr. ruled on February 1, 2011 that handwritten notations on...
16
Mar

Eccentricity Does Not Invalidate An Otherwise Valid Holographic Will

March 16, 2011
The validity of a 1977 alleged holographic will was at issue in the Estate of...
06
Mar

Once An Objection Is Filed To The Probate Of An Unwitnessed Will Revision, A Trial Must Be Conducted To Determine The Decedent's Intent

March 6, 2011
The decedent, William Walb Jr., executed a will in January 2003, in compliance with the...
24
Jan

Doctrine of Probable Intent Cannot Be Used to Create Special Needs Trusts for Intestate Decedent

January 24, 2011
In a published decision, the Superior Court of New Jersey, Appellate Division, ruled that a...
26
Nov

Ohio Violated Federal Law In Counting Annuity Purchased By Community Spouse

November 26, 2010
Ohio’s First District Court of Appeals has joined other state and federal courts across the...
24
Nov

Court Finds Medicaid Applicant Eligible For Benefits; Her Bank’s Lack Of Cooperation Prevented Applicant From Accessing Her Accounts

November 24, 2010
A.D., a retired physician, began residing at Bergen Regional Medical Center (Bergen Regional), a nursing...
18
Nov

The Frustrating Tale Of A Retired Firefighter Repeatedly Denied The Right To Plan His Estate To Benefit His Severely Disabled Child

November 18, 2010
Thomas Saccone is a retired Newark, NJ firefighter. He and his wife’s only son, Anthony,...
05
Nov

Failure To Treat Children Equally Is Insufficient Grounds To Set Aside A Will For Lack Of Capacity Or Undue Influence

November 5, 2010
As an elder law attorney, I receive many inquires from potential clients asking me to...
01
Nov

Judge Awards Benefits To Medicaid Applicant Who Made A Gift “Exclusively For A Purpose Other Than To Establish Medicaid Eligibility”

November 1, 2010
My law firm recently was successful on appeal in overturning the denial of Medicaid eligibility...
07
Oct

Internet Postings And Defamation

October 7, 2010
W.J.A. v. D.A., Docket No. A-0762-09T3; (Appellate Division, September 27, 2010) is a defamation case...
04
Oct

Opening Remarks – Case Law Update At The 13th Annual Elder and Disability Law Symposium

October 4, 2010
(The 13th Annual Elder and Disability Law Symposium was held on September 29, 2010 at...
01
Oct

A Draft Will That Was Not Reviewed By The Client Before Death Cannot Be Admitted To Probate

October 1, 2010
In New Jersey, a document may be accepted for probate as a will in a...
22
Sep

A Decision Of The Compromise Panel To Reject A Request To Reduce A State Institutional Lien Is Rarely Overturned On Appeal

September 22, 2010
In the Estate of Rosa M. Mendoza v. Trenton Psychiatric Hospital and Department of Human...
11
Sep

The “Mere Possibility” Of An Attorney Conflict Of Interest May Be Sufficient To Establish An Ethical Breach

September 11, 2010
New Jersey estate planning attorneys were again reminded of the conflict of interest minefield they...
01
Sep

Arbitration Agreements In New Jersey Nursing Home Contracts Are Enforceable, But Some Provisions Are Voidable For “Substantive Unconscionability.”

September 1, 2010
In an August 10, 2010 opinion that was approved for publication, the New Jersey Appellate...
16
Aug

Federal Court In Connecticut Holds That The Income Stream from An Annuity Is Not An Asset for Medicaid Eligibility Purposes

August 16, 2010
In Lopes v. Starkowski (U.S. Dist. Ct., Dist. Conn., No. 3:10-CV-307, August 11, 2010), the...
14
Aug

Court Finds Joint Account Does Not Pass To Surviving Owner, But Passes Under Decedent’s Will

August 14, 2010
Most of the cases discussed on this blog (and, I suspect, on most blogs which...
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