Couples who are facing the difficult prospect of divorce have a critical decision to make: whether to pursue the divorce using the “traditional” litigation model; or whether to consider an alternative model, such as divorce mediation. Arriving at the correct decision should include an analysis of the potential costs of traditional litigation. The most obvious cost [...]
Entries from April 2011
Divorce Mediation 101
April 25th, 2011 · No Comments
Tags: Divorce Mediation · Mediation
New Jersey Collaborative Law Group – Officers and Directors – 2011
April 21st, 2011 · No Comments
Below is a listing of the 2011 Officers and Directors of the New Jersey Collaborative Law Group (NJCLG). I’m a member of the NJCLG Board of Directors this year. NJCLG is an educational, not-for-profit association of collaborative professionals established in 2008. I’m proud to be able to say I was one of the founders of [...]
Tags: Collaborative Family Law
Overview of Veterans Benefit Act of 2010
April 19th, 2011 · No Comments
The Veterans Benefits Act of 2010, Public Law 111-275, made a few relatively minor changes in veterans’ benefits laws that might be of interest to readers. None of the changes in the law go into effect until October 1, 2011. A few of the changes in the law follow: 1. There will be a cost-of-living [...]
Tags: New Laws · VA Compensation Benefits · VA Pension Benefits · Veterans Benefits
Models Of Mediation Practice
April 18th, 2011 · No Comments
Mediation is generally recognized as a process in which parties in conflict (often on their own, but sometimes represented by separate attorneys) attempt to negotiate a settlement of their dispute with the assistance of a neutral third party, the mediator (who may or may not be an attorney, but who does not represent either party). [...]
Tags: Divorce Mediation · Elder, Estate, Probate and Guardianship Mediation · Mediation
Power Of Attorney, Who Is Neither The Principal’s Spouse Nor Next Of Kin, Lacks Standing To Bring A Guardianship Action
April 13th, 2011 · No Comments
A Superior Court judge ruled that an agent appointed under a power of attorney who is unrelated to the principal by marriage or blood lacks standing to file a lawsuit seeking guardianship of the principal in New Jersey. In the Matter of Costa Nova, An Alleged Incapacitated Person, Docket No ESX – CP – 0196-10 [...]
Tags: Guardianship · Standing
New York State Expands The List Of Assets Against Which Medicaid Could Make A Claim For Recovery
April 11th, 2011 · 1 Comment
A recent amendment to Section 369 of the Social Services law expands the list of assets which are considered to be in an individual’s “estate,” against which Medicaid could make a claim for recovery, to also include jointly held property, retained life estates, interests in trusts and any other property in which the individual has [...]
Tags: Medicaid · Medicaid Planning · New Laws
Estate Planning For VA Pension Benefits By Transferring Assets
April 9th, 2011 · No Comments
(The following is part of a discussion, taken from a listserv, or electronic bulletin board, concerning benefits available for veterans, their dependents and survivors from the Department of Veterans Affairs (“VA)”.) Question: We just had a veteran denied for pension benefits with Aid and Attendance supplement from the Department of Veterans Affairs (“VA A&A Benefits”) [...]
Tags: VA Pension Benefits · Veterans Benefits
Medicaid Applicant Failed To Prove Large Transfer Was Made Exclusively For A Reason Other Than To Qualify For Medicaid
April 5th, 2011 · No Comments
A New Jersey appeals court ruled that a nursing home resident who transferred the majority of her assets to her son during the look-back period was ineligible for nursing home Medicaid benefits when she failed to prove the transfer was done exclusively for a purpose other than to qualify for Medicaid. A.M. v. Division of [...]
Tags: Medicaid Planning · New Cases · Transfers For Reasons Other Than To Qualify For Medicaid