Category

New Cases
22
Apr

Court Affirms Termination of Personal Care Assistance Services Received by Disabled Person Since 2009

April 22, 2016
In this case, a New Jersey appeals court held that a disabled New Jersey resident...
19
Apr

Husband’s Extramarital Affairs Result in Forfeiture of Intestate Share of Wife’s Estate

April 19, 2016
Pennsylvania Superior Court ruled that a husband’s separation from his wife and subsequent extramarital affairs...
11
Apr

Court Dismisses Legal Malpractice Suit For Failure To Assert Unjust Enrichment Claim In Earlier Undue Influence Case

April 11, 2016
Vicinio v. Carluccio, Leone, Dimon, Doyle & Sacks, LLC is a legal malpractice action stemming...
04
Apr

Law Designed to Protect Seniors Does Not Impose a Duty on Banks to Report Elder Abuse to Authorities

April 4, 2016
Following bench trial, a trial judge ruled that a state law designed to protect seniors and...
30
Mar

Appellate Division Rules Counsel Fee Award is Discretionary, and May Be Reversed on Appeal “Only on the Rarest of Occasions”

March 30, 2016
In an appeal from a trial court’s decision to reduce the counsel fees sought by...
28
Mar

Assisted Living Residents Who Received Charitable “Fellowship Credits” Are Ineligible for Medicaid

March 28, 2016
A New Jersey appeals court held that a needs-based credit applied to the accounts of...
24
Mar

Chancery Division OKs Trust Decanting, Despite Beneficiary’s Opposition

March 24, 2016
In re Trusts for Stefanidis-Perez is a consolidated case involving two trusts in which the...
22
Mar

Legal Malpractice Claim Based On Prospective Client’s Contact Only With Law Firm Secretary Dismissed

March 22, 2016
New Jersey Appellate Division rules prospective client’s correspondence with law office secretary who did not mention...
21
Mar

Court Orders Plaintiff to Pay All Fees in Withdrawn Contested Guardianship Case

March 21, 2016
A trial court ruled that the plaintiff, who brought but ultimately withdrew the complaint in...
14
Mar

NJ Attorney Suspended for Arranging Improper Loan from Elderly Widow

March 14, 2016
In order to protect the public and and guard against elder abuse by lawyers, the...
01
Mar

Adult Child Uses Senior Divorce to Contest Estranged Parent’s Last Will and Testament

March 1, 2016
Plaintiff, Emmaline O’Hara, and defendant, John B. O’Hara, Jr., were married in 1955. They had...
28
Feb

Appeals Court Rules Online Commenter Not Entitled To Anonymity

February 28, 2016
New Jersey appellate court ruled that an anonymous online commenter must reveal his or her...
15
Feb

Where to Find the Final Decisions issued by all New Jersey administrative agencies

February 15, 2016
Readers of this blog know that applicants for public benefits often appeal the decisions made...
05
Feb

No Trust Reformation Absent Ambiguity in Language of the Trust

February 5, 2016
In this will contest involving the doctrine of probable intent, Hon. Robert P. Contillo, P.J.Ch....
04
Feb

Appellate Division Affirms Trial Court’s Refusal To Set Aside Deeds Executed By Decedent

February 4, 2016
In 1997, the decedent, Kathleen Boyer, executed a Last Will and Testament and a revocable...
25
Jan

Medicaid Denial Reversed; Agency Failed to Accommodate Disabled Applicant or Assist in Obtaining Information and Documents

January 25, 2016
After he was admitted to a nursing home in 2013, petitioner, R.P., accrued unpaid bills...
18
Jan

Medicaid’s Decision to Deny Disabled Woman’s Application for a Power Wheelchair is Vacated on Appeal

January 18, 2016
M.S. is a 73-year old residing in at a long-term care facility. She is a...
11
Jan

Daughter/Executrix Who Disputed Terms of Mother’s Will is Denied Commissions

January 11, 2016
Linda Hall was the executrix of her mother’s estate. Hall had initially had a 2005...
23
Dec

Lawyer Must Pay Legal Fees in Undue Influence Case

December 23, 2015
A lawyer who was found to have exerted undue influence over his mother must reimburse...
21
Dec

Bank Not Liable For Improper Withdrawals from Nursing Home Resident’s Account Made By Resident’s Agent Under Power of Attorney

December 21, 2015
In 2003, Michael Yahatz opened a bank account. The following year, the bank was acquired...
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