Category

New Cases
01
Aug

Appeals Court Affirms Summary Judgment In Favor Of Plaintiffs In Will Contest Alleging Undue Influence

August 1, 2013
Renee Halpecka died in 2005 when she was 84 years old. Before her death, Renee...
29
Jul

Acting as Agents Under Power of Attorney, Parents of Disabled SSI Recipient Did Not Create Valid Special Needs Trust

July 29, 2013
A Federal court held that a special needs trust is not valid because it was...
23
Jul

Guardian Who Provided Care To Ward in Ward’s Home, Refusing To Place Ward in Nursing Home Against Her Wishes, Found Not Guilty of Neglect

July 23, 2013
Reversing state agency and appeals court rulings, the highest court of the State of Washington...
22
Jul

Federal Court Enjoins New Jersey From Counting Annuity Owned By Medicaid Applicant’s Spouse As An Available Resource

July 22, 2013
A federal district court judge in New Jersey granted a Medicaid applicant’s motion for a...
19
Jul

Federal Court In New Jersey Affirms Denial Of Medicaid, Finding Promissory Notes Owned By Applicants To Be Countable Resources

July 19, 2013
John Landy and Margaret Sauchelli are elderly persons who purchased promissory notes and subsequently applied...
12
Jul

Appeals Court Concludes New Jersey Does Not Have A Duty to Inform Disabled Beneficiary Of Eligibility For Services

July 12, 2013
A New Jersey appeals court held that the State did not have a duty to...
26
Jun

U.S. Supreme Court Rules Surviving Spouse Of Lesbian Couple Entitled To Estate Tax Refund

June 26, 2013
New York recognized the marriage of state residents Edith Windsor and Thea Spyer, who wed...
10
Jun

Court Finds Medicaid Applicant Who Paid Disabled Daughter’s Rent For Many Years Subject to Penalty Period

June 10, 2013
A Medicaid applicant who made payments to her daughter for more than four years and...
07
Jun

NJ Federal Judge Finds Annuity Purchased By Spouse Of Medicaid Applicant With Couple’s Excess Resources Is An Exempt Asset

June 7, 2013
A federal district court in New Jersey holds that an annuity purchased by the spouse...
05
Jun

Court Resolves Conflicting Provisions In Divorce Settlement Agreement And Life Insurance Beneficiary Designations

June 5, 2013
Thomas v. Thomas, Docket No. A-2388-11T2 (N.J. Super. App. Div. June 4, 2013), involved competing...
14
May

"Excessive Texting" From One Divorced Parent To The Other Does Not Necessarily Amount To Harassment

May 14, 2013
New Jersey appeals court reversed a final restraining order entered in a domestic violence lawsuit,...
10
May

Legal Counsel Required In Proceeding To Appoint Testamentary Guardian Under Decedent’s Will

May 10, 2013
For the first time in New Jersey, the appellate court has ruled that legal counsel...
09
May

Chancery Court Lacks Subject Matter Jurisdiction Over Medicaid Eligibility Determinations

May 9, 2013
New Jersey appeals court ruled that a Chancery court’s order holding that certain trust expenditures...
18
Mar

N.J. Supreme Court Grants Certification To Review State’s Refusal To Permit Retired Firefighter To Name Special Needs Trust As Beneficiary Of Pension For His Disabled Child

March 18, 2013
Recently, the New Jersey Supreme Court granted a Petition for Certification I filed asking the Court...
14
Mar

Court Rules Last Will And Testament Controls The Disposition Of Estate Assets Transferred To Revocable Trust During Decedent’s Life

March 14, 2013
Earlier this month, Hon. Robert P. Contillo, Presiding Judge of the Chancery Division, Bergen County,...
27
Feb

Appellate Division Affirms Probate Judge’s Reduction of Estate Litigation Contingent Fee Award

February 27, 2013
In Estate of Mendonca v. DaSilva, Docket No. A3515-11T2 (App. Div. Feb. 22, 2013), the...
16
Feb

Appellate Division Endorses Probate Judge’s Novel Use Of Equitable Remedy To Award Rescission Of “Payable-On-Death” Bank Account Designation

February 16, 2013
In Stephenson, Personal Representative of Estate of Murry v. Spiegle, Docket No. A-4193-11T2 (App.Div., January...
04
Feb

Decedent’s Foreign Property Is Included In Calculating Spousal Elective Share, Despite Decedent’s Contrary Intent

February 4, 2013
In Estate of Peck, the Chancery Division, Probate Part examined a decedent’s testamentary intent regarding...
01
Feb

Appellate Division Decides Not To Decide Whether Guardian Can Be Held Personally Liable For Fees Of Court-Appointed Counsel For The Ward

February 1, 2013
In Matter of Rizzo, the son of an adjudicated incapacitated person appealed from a Chancery...
28
Jan

The Effect Of Fraud On The Time Limits For Challenging Probate Or Administration

January 28, 2013
In my January 20 blog post, I discussed the time limits imposed under R. 4:85-1...
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