Category

New Cases
15
Dec

Appeals Court Defines When a Parent has “Abandoned” a Child for Purposes of Intestate Succession

December 15, 2015
Under the New Jersey laws of intestacy, if a decedent dies without a will  and...
11
Dec

Imputation of Income to a Divorcing Spouse

December 11, 2015
In many divorce cases, when a one spouse or parent is not reporting his or...
24
Nov

Attorney Who Provided Flawed Medicaid Planning Advice by Counseling Against Life Estate Liable For Legal Malpractice

November 24, 2015
Marie Brissette and her husband consulted attorney Edward Ryan for advice about how to protect...
23
Nov

Administrator of Estate Lacked Standing to Appeal Medicaid Denial

November 23, 2015
A court in Connecticut ruled that the administrator of an estate lacked standing to appeal...
18
Nov

Judge Rules NJ’s Prevention of Domestic Violence Act Covers Elder Abuse

November 18, 2015
In a case of first impression, a trial judge in Ocean County ruled that victims...
08
Nov

Appellate Division Rejects Claim That Marriage Creates a Presumptive Right to a Deceased Spouse’s Retirement Accounts

November 8, 2015
On March 9, 2015, I blogged about an Appellate Division case holding that marriage does...
04
Nov

Medicaid Not Required to Consider Applicant’s Trust Reformed by a Court During the Look-Back Period

November 4, 2015
An appeals court holds that the Massachusetts Medicaid is not required to recognize the reformation...
02
Nov

Appellate Division Rejects Estate’s Challenge to DMAHS and DDD Claims for Reimbursement of Benefits Paid to Decedent

November 2, 2015
The decedent, Tracy Solivan, had been disabled at birth as a result of medical malpractice...
01
Nov

NJ Court Rules Evidence in Cell Phones Must Be Produced in Tangible Form Before Trial

November 1, 2015
In this case, an Ocean County judge ruled that litigants in domestic violence cases who...
26
Oct

Attorney Who Prepares Mortgage Is Not Liable For Misrepresentations Contained In Mortgage

October 26, 2015
After plaintiffs lost the money they had invested in what turned out to be a...
19
Oct

Appellate Division Affirms Chancery Court Ruling Clarifying Powers and Duties of Agent under Power of Attorney

October 19, 2015
Sylvia Fishbein and her husband created the Fishbein Revocable Trust in 1994. In 2005, following...
16
Oct

Chancery Court Admits Unsigned Last Will and Testament to Probate

October 16, 2015
The decedent, William Anton, was survived by his wife, with whom he was in the...
06
Oct

Action Against Assisted Living Facility For Resident’s Choking Death Survives Summary Judgment In Federal District Court 

October 6, 2015
Nancy Gimenez-Watson was a resident of Brighton Gardens of Edison, an assisted living facility (ALF)...
15
Sep

Donald D. Vanarelli, Esq. to Present at the 18th Annual Elder and Disability Law Symposium

September 15, 2015
(Donald D. Vanarelli, Esq. in the midst of oral argument before the New Jersey Supreme...
14
Sep

Reduction in PCA Hours Reversed; Assessment Tool Imposed Artificial Cap of 25 Hours of Care

September 14, 2015
The decision by respondent, United Healthcare, a managed care organization, to reduce the Personal Care...
09
Sep

Appeals Court Rules Against Teacher Who Blogged That Her Students Were “Rude, Disengaged, Lazy Whiners”

September 9, 2015
The U.S. Circuit Court of Appeals  for the Third Judicial Circuit ruled this week that...
07
Sep

Appellate Division Affirms Reformation Of Life Insurance Policy Through Imposition Of Constructive Trust

September 7, 2015
Eddie and Aidaliz Jones married in 1998. They had a child in 2003, and were...
03
Sep

Federal Appeals Court Rules Short-Term Annuities Are Not “Available Resources” Preventing Medicaid Eligibility

September 3, 2015
In a 2 to 1 precedential decision by the United States Court of Appeals for...
02
Sep

Medicaid Gift Penalty May Not Be Reduced If Some, Or All, Of The Gifted Assets Are Returned

September 2, 2015
The Superior Court of New Jersey, Appellate Division, affirmed a decision of the Director of...
01
Sep

Motion For Reconsideration Is Improper Vehicle For Party Seeking To Vacate A Settlement Agreement

September 1, 2015
Following the death of Kenneth Kanter, his son contested the validity of Mr. Kanter’s will...
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