Category

Special Needs Planning
28
May

SSA Revises Regulations, Permits First-Party Trusts to Pay for Non-Beneficiary Travel in Some Cases

May 28, 2013
The Social Security Administration (SSA) has revised its Program Operations Manual System (POMS) to allow...
04
May

Presentation on the Impact of Elder Law Issues on Divorce Mediation

May 4, 2013
On Saturday, April 27, 2013, I presented a session on the impact of elder law...
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...
12
Feb

New Jersey Courts May Reform A Testamentary Trust In A Will To Effectuate the Probable Intent of the Testator

February 12, 2013
The New Jersey Supreme Court has directed that the Court’s function in construing a decedent’s...
15
Jan

Court-Appointed Trustee Of Special Needs Trust Not Entitled To Fee Barred By Trust

January 15, 2013
A California appeals court ruled that a trial court inappropriately awarded trustee fees to the...
12
Jan

Are Funds In A Special Needs Trust Counted As An Asset When Determining Eligibility For Charity Care?

January 12, 2013
The New Jersey Hospital Care Payment Assistance Program, commonly called “Charity Care,” is a state...
16
Dec

Court Rules Income From Special Needs Trust Must Be Utilized In Calculating Trust Beneficiary’s Child Support Obligation

December 16, 2012
The parties in this case had a brief relationship which resulted in the birth of...
03
Oct

Top Ten (or so) New Jersey Elder and Disability Law Cases in 2012

October 3, 2012
(The 15th Annual Elder and Disability Law Symposium was held on October 3, 2012 at...
25
Sep

Recent Argument Before The Appellate Division In A Case Involving A Public Pension And A Testamentary Special Needs Trust

September 25, 2012
For the past several years, I have represented Thomas Saccone, a retired Newark, NJ firefighter...
06
Sep

Biological Father Who Was A "Deadbeat Dad" Entitled To Half Of Assets In Deceased Daughter’s Special Needs Trust

September 6, 2012
A New Jersey appeals court recently affirmed a trial court judgment dividing the assets remaining...
25
Jun

Ruling by the 3rd Circuit Outlaws State Restrictions On Special Needs Trusts, Holding State Law Is Prempted By Federal Law

June 25, 2012
In a recent precedential decision, the United States Court of Appeals for the Third Judicial...
19
Jun

New Social Security Regulations Prohibit Funds From Special Needs Trusts To Be Used To Pay For Family Visits, And Limit Trust Payments To Caregivers Who Are Medically-Trained

June 19, 2012
The Social Security Administration (SSA) recently revised four sections of the Program Operations Manual System...
04
Jan

Non-Custodial Parent’s Establishment Of A Special Needs Trust For Child Would Not Justify Elimination Of That Parent’s Child Support Obligation

January 4, 2012
In Bond v. Bond, the Appellate Division considered whether a non-custodial parent’s creation of a...
23
Nov

Divorce and Special Needs Planning

November 23, 2011
Divorce is never easy, but if a child or spouse with special needs is involved,...
17
Nov

Court Reformation Of A Trust In Order To Effectuate The Settlor’s Intent

November 17, 2011
(Below I have reproduced a portion of the legal argument section in a brief we...
01
Nov

Assignment Of Income Streams To Special Needs Trusts (Part 4)

November 1, 2011
(This is part 4 of a 4-part blog post on the subject of the assignment...
24
Oct

Assignment Of Income Streams To Special Needs Trusts (Part 3)

October 24, 2011
(This is part 3 of a 4-part blog post on the subject of the assignment...
14
Oct

Assignment Of Income Streams To Special Needs Trusts (Part 2)

October 14, 2011
(This is part 2 of a 4-part blog post on the subject of the assignment...
26
Sep

Assignment Of Income Streams To Special Needs Trusts (Part 1)

September 26, 2011
(This is the first of a 4-part blog post on the subject of the assignment...
16
Aug

Low-Income Tenant Victorious in Lawsuit Preventing Housing Authority From Counting Distributions From Special Needs Trust As Income

August 16, 2011
An aged, low-income tenant with disabilities recently prevailed in a lawsuit filed against the Santa...
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