Category

New Cases
05
Sep

Medicaid Applicants Must Receive Full and Fair Notice of the Reasons for a Decision to Deny Benefits

September 5, 2016
In this case, the Court considered whether a Medicaid applicant received full and fair notice...
17
Aug

“Spousal Refusal” Strategy, Used to Avoid Paying Nursing Home, Held to Create Implied Contract to Repay Medicaid Benefits

August 17, 2016
A New York trial court entered judgment against a woman who refused to contribute to...
16
Aug

Guardianship Not Warranted Where Less Restrictive Alternatives Available To Address Needs Of Alleged Incapacitated Person

August 16, 2016
A New York surrogate turned down a guardianship petition filed by the parents of a...
15
Aug

Trust Instrument Does Not Immunize Trustee From Liability For Breaching Duty Of Undivided Loyalty To Beneficiaries

August 15, 2016
In 1992, Ann Mark created two irrevocable trusts for the benefit of her three children....
01
Aug

In Contested Guardianship Action, Counsel Fees Awarded to Plaintiff and Court-Appointed Guardian; Denied to Lawyer Hired by Alleged Incapacitated Person

August 1, 2016
Plaintiff filed an action seeking to declare his mother, D.W., an incapacitated person, and seeking...
25
Jul

Appellate Court Affirms DDD Denial of Payment to Guardian

July 25, 2016
M.L. is the co-guardian and mother of C.L., a disabled 25-year old man with autism...
23
Jul

NJ Supreme Court Declines to Discipline Lawyer Unable to Completely Remove Offending Blog Post From the Internet

July 23, 2016
Jay Jason Chatarpau, Esq., a New Jersey employment discrimination attorney, represented Rameena Khan in a...
18
Jul

Appellate Court Affirms Admission of Will to Probate, Rejecting Lack of Capacity and Undue Influence Claims

July 18, 2016
When Helen Weste died in 2010, she was divorced with no children. In 1994, she...
14
Jul

Medicaid Officials Not Liable For Providing False Information; Applicant Could Have Obtained Correct Info By Hiring A Lawyer

July 14, 2016
In a recent opinion, an appellate court in Minnesota held that county officials were not...
08
Jul

Federal Appeals Court Rules Special Needs Trust Distributions May Not Be Counted As Income By Section 8 Housing Program

July 8, 2016
Reversing a federal district court, the U.S. Court of Appeals for the First Circuit ruled...
06
Jul

Trial Court Did Not Abuse its Discretion in Restricting Son’s Visitation with Incapacitated, Gravely Ill Mother

July 6, 2016
In 2014, Joseph Fabics filed a verified complaint seeking guardianship of his mother. The court...
13
Jun

Child Support Order May Survive Father’s Death And Trump Father’s Attempts To Disinherit Child

June 13, 2016
The decedent, Keith R. O’Malley, was the father of two children from two different relationships....
07
Jun

Attorney Liable to Non-Client Beneficiary of Will for Legal Malpractice

June 7, 2016
The Supreme Court of Virginia ruled that an attorney who drafted a client’s Last Will...
02
Jun

Supreme Court Declines to Review Decision Defining When a Parent has “Abandoned” a Child for Purposes of Intestate Succession

June 2, 2016
I previously blogged a December 11, 2015 Appellate Division case, In re Estate of Fisher,...
30
May

Damages and Counsel Fees Against Trustee Affirmed, and Co-Trustee Not Liable for Failing to Stop Trustee’s Misconduct

May 30, 2016
The decedent, Evelyn Berry, had been married twice. At the time of her death, the...
17
May

Court Denied Medicaid’s “Caregiver Child” Exemption To Applicant’s Daughter Who Provided Care For 24 Years  

May 17, 2016
A New Jersey appeals court ruled that a Medicaid applicant’s daughter, who lived with her...
02
May

Administrative Law Judge Reverses Reduction in Medicaid Personal Care Assistant Hours

May 2, 2016
I represented the 84-year old petitioner in P.R.-P. v. United Healthcare , a case in...
29
Apr

High Court Holds Attorneys May Be Liable for Counsel Fees If They Intentionally Breach Their Fiduciary Duty to Non-Clients

April 29, 2016
In a 3-2 ruling, the New Jersey Supreme Court decided that attorneys can be held...
27
Apr

Court Vacates Injunction Against Law Firm’s Ad Critical of Nursing Home

April 27, 2016
McHugh Fuller, a law firm which focuses on nursing home abuse and neglect, ran a full-page...
26
Apr

Payments from an Annuity Purchased with a Spouse’s “Resource Allowance” are Income under Medicaid

April 26, 2016
A New Jersey appeals court ruled that payments to the spouse of a Medicaid recipient...
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