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New Cases
24
Aug

Court Rejects Alleged Incapacitated Person’s Preference for Guardian When Basis for Preference Was Not Provided

August 24, 2015
The Supreme Court of the State of North Dakota ruled that a lower court properly...
23
Aug

Superior Court Permits Disinterment Over Objection Of Decedent’s Daughter

August 23, 2015
Immediately after the sudden death of her husband, Elizabeth Greenstein was approached by a rabbi...
19
Aug

Upending 50 Years of Settled Law, California Supreme Court Rules Unambiguous Wills May Be Reformed to Correct Mistakes

August 19, 2015
In a recent case involving a holographic will, the California Supreme Court overturned an historical...
14
Aug

Penalty Imposed For Medicaid Applicant’s Transfer of Assets To Disabled Veteran

August 14, 2015
Federal court rules that federal law does not require a State to disregard a transfer...
21
Jul

Another Caregiver Agreement Rejected By New Jersey Medicaid

July 21, 2015
E.A. began residing in a home owned by her adult daughter, B.C., in September 2004....
13
Jul

Probate Judge Properly Exercised Discretion In Denying Guardianship Objections Without A Hearing

July 13, 2015
Following a daughter’s application to be appointed as guardian for her father, her brother objected...
08
Jul

Comprehensive Rehabilitation Hospital Is Not Subject To New Jersey Nursing Home Act

July 8, 2015
Plaintiff Wilson Bermudez was a patient at Kessler Institute for Rehabilitation’s West Facility for five...
29
Jun

Appellate Division Permits Property Owner’s Claims Against Banks To Survive

June 29, 2015
In Slack v. Wells Fargo Bank, the plaintiff and her brother held title to their...
15
Jun

Property Left at Gravesite is “Abandoned;” Conversion Claim for Removal of Property is Dismissed  

June 15, 2015
In Taffaro v. Taffaro, the plaintiff sued his half-sister claiming that she removed decorations and...
08
Jun

Malpractice Action Against Assisted Living Facility Dismissed; Plaintiff’s Psychiatrist-Expert Not Qualified To Render Opinion On Assisted Living Standard Of Care

June 8, 2015
In Singer v. Emeritus Senior Living Center, following a series of falls and the later...
03
Jun

Posting Threats on Facebook and Other Social Media, Without More, is Not a Crime

June 3, 2015
In May 2010, Anthony Douglas Elonis’s wife of nearly seven years left him, taking with...
02
Jun

No Reduction In Medicaid’s Transfer Penalty Unless ALL Transferred Assets Are Returned To The Applicant

June 2, 2015
In the C.C. v. Division of Medical Assistance and Health Services case, plaintiff filed an application...
28
May

Lawsuit May Proceed Against CCRC For Misleading Marketing

May 28, 2015
In DeSimone v. Springpoint Senior Living, the son of a deceased CCRC resident sued the...
21
May

Top 10 New Jersey Elder Law and Special Needs Planning Cases Decided in 2014

May 21, 2015
The 17th Annual Elder Law Retreat, presented by the New Jersey State Bar Association Elder and...
05
May

Home Care Agency that Failed to Individually Bond Caregivers Held Liable for Caregivers’ Theft, and for Violating the Consumer Fraud Act

May 5, 2015
After reading about the Macallan Group d/b/a/ Home Care Assistance of Red Bank, New Jersey...
17
Apr

Attorneys Representing An Estate May Owe A Duty Of Care To Non-Clients Who Are Beneficiaries Of The Estate

April 17, 2015
The New Jersey appeals court reversed a trial court’s dismissal of a legal malpractice action...
15
Apr

Distributions From Special Needs Trust Cause Ineligibility For Housing Assistance Under Section 8 Program

April 15, 2015
A federal district court ruled that a public housing authority properly counted distributions from a...
13
Apr

Beneficiaries Omitted From Trust By Mistake Can Sue Lawyer Who Prepared Trust

April 13, 2015
A Pennsylvania appeals court held that beneficiaries omitted from trust have standing to sue the...
20
Mar

Disabled Vet Ordered Into VA Nursing Home Against His Wishes So His Limited Income Can Be Used To Pay Alimony

March 20, 2015
New Jersey’s Appellate Court ruled that, under the appropriate circumstances, it is equitable to require...
18
Mar

Divorce and Equitable Distribution Ordered After Spouse’s Death to Prevent Unjust Enrichment and Fraud

March 18, 2015
New Jersey appeals court holds that divorce and equitable distribution of marital assets may be...
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