Category

New Cases
11
Mar

Adult Child Has No Legal Right To An Inheritance Since New Jersey Law Permits Parents To Disinherit Their Children

March 11, 2015
A trial court in Bergen County held that a parent’s promise to leave assets to...
10
Mar

Virginia Lawyer Who Bungled Client’s Will Liable to Will Beneficiaries, While Claims Filed by Trust Beneficiaries against Florida Lawyer Dismissed

March 10, 2015
As a general rule, an attorney hired to prepare a will or trust for a...
27
Feb

New Jersey Pays $100,000 in Legal Fees in Federal Lawsuit Excluding VA Pension as Income for Medicaid

February 27, 2015
Here are checks from the State of New Jersey issued to plaintiffs’ counsel as a...
11
Feb

New Jersey Settles Federal Lawsuit, Amending its Medicaid Program to Exclude VA Pension as Countable Income

February 11, 2015
In February 2015, a Consent Order was filed in New Jersey federal district court, concluding a...
09
Feb

CCRC Residents Breached Admission Agreement by Applying for Medicaid before Spending Down Assets

February 9, 2015
A New York trial court ruled that residents of a continuing care retirement community (CCRC)...
04
Feb

‘Friending’ on Facebook Leads to Ethics Charges Against Two NJ Lawyers

February 4, 2015
Plaintiffs John J. Robertelli and Gabriel Adamo, two New Jersey defense counsel charged with ethics...
29
Jan

Court Rejects Fee Application, Ruling Medicaid Applicant Who Won Preliminary Injunction Is Not Prevailing Party

January 29, 2015
Two years ago, in 2013, a federal judge in New Jersey granted a preliminary injunction...
16
Jan

Florida’s Supreme Court Bars Non-Lawyers From Engaging in Medicaid Planning

January 16, 2015
Florida’s Supreme Court ruled that non-lawyers who engage in various Medicaid planning activities are engaging...
13
Jan

Medicaid Granted Though Spouse Gambled Away Substantial Inheritance, Leaving Applicant Impoverished

January 13, 2015
An Administrative Law Judge found a Medicaid applicant eligible for benefits even though the applicant...
16
Dec

Reduction in Care Services Rejected Unless Supported by Improvements in Recipient’s Medical Condition

December 16, 2014
Plaintiff, D.W., is a 48 year-old woman with Down’s Syndrome and the mental capacity of...
02
Dec

Criminal Conviction for Theft by Daughter who Withdrew Funds from Joint Account with Father Upheld

December 2, 2014
An appeals court in Maryland has upheld the criminal conviction of a daughter who withdrew...
16
Nov

PA Appeals Court Rules that Unlimited Gifting Authority in Power of Attorney Does Not Protect Agent from Criminal Liability for Self-Dealing

November 16, 2014
Contrary to popular opinion, under the law of Pennsylvania, New Jersey and other states, an...
20
Oct

Medicaid’s Filing Deadline For An Appeal Can Be Extended Based On “Extraordinary And Extenuating Circumstances”

October 20, 2014
An appeal of a claim for Medicaid benefits that was filed late may be considered...
13
Oct

Challenge to Summary Administration Fails; Pre-Death Distributions by Power of Attorney Were “Unconventional” But Not Fraudulent

October 13, 2014
Following the decedent’s death, one of his three children applied for summary administration of the...
08
Oct

Entry of Order Determining Issue of Genuine Dispute was Erroneous; Failure to Give Adverse Party Five Days to Object Violated New Jersey Court Rules

October 8, 2014
In In re Tomei Trust, in connection with a family dispute regarding ownership of a...
06
Oct

In Appointment of Guardian, Appellate Division Overrides “Kinship-Hierarchy Preference” Where Result Would Be Contrary To Best Interests Of The Ward

October 6, 2014
In re S.H. was a contested guardianship litigation centering on who should be appointed guardian for...
23
Sep

Article in New Jersey Law Journal on Our Recent NJ Supreme Court Victory in Case Involving a Disabled Child, State Pension and Special Needs Trust

September 23, 2014
Court OKs Trusts for Disabled Kids of Cops and Firefighters NJ Supreme Court Justice Jaynee...
23
Sep

Order Directing Parties Rather Than Ward Pay Court-Appointed Counsel’s Fee In Guardianship Case Upheld On Appeal

September 23, 2014
This was a contested guardianship case involving S.H., called “Sarah” by the court, a 28...
16
Sep

Because Right of Surviving Joint Owner to Multiple-Party Accounts Turns on Intent of the Decedent and Relationship of the Parties, Summary Judgment dismissal was Inappropriate

September 16, 2014
In In re Estate of DeFrank, 433 N.J. Super. 258 (App. Div. Nov. 15, 2013),...
15
Sep

Objection to Admitting Handwritten Will to Probate Properly Dismissed, but Trial Court lacked Authority to Transfer Non-Probate Assets to Trust

September 15, 2014
In Estate of William Strohmenger, 2013 N.J. Super. Unpub. LEXIS 2651 (App. Div. Oct. 31,...
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