In re Estate of Klausner, 2014 N.J. Super. Unpub. LEXIS 1517 (App. Div. June 23, 2014) involved Gerald Klausner, who was appointed executor of his late uncle’s estate, and Gerald’s brother Ronald, who was one of the beneficiaries of the estate. Following his appointment as executor, Gerald discovered transactions that he believed demonstrated that Ronald.. read more →

A nursing home resident’s adult child who signs an admission agreement as the “Responsible Party” can be sued in his/her individual capacity for services rendered to the resident, if the adult child fails to use the resident’s financial resources to pay for care provided by the facility. Manahawkin Convalescent v. O’Neill, 217 N.J. 99 (2014)… read more →

New Jersey appeals court ruled pro se litigants who bungle their own cases can seek redress under the same rules as litigants whose cases are bungled by negligent lawyers. The Ridge at Back Brook v. Klenert, Docket No. A-2345-12T1 (App. Div., August 12, 2014) Plaintiff, The Ridge at Back Brook, owns an 18-hole golf course.. read more →

In a case recently decided by the United States Court of Appeals for the Third Circuit, a New Jersey ethics rule restricting lawyers from using complimentary statements by judges in attorney advertising was found to violate the constitutional right to free speech. Dwyer v. Cappell, Docket No. 13-3235 (3d Cir., August 11, 2014) In 2007,.. read more →

(In Zahner v. Mackereth (U.S. Dist. Ct., W.D. PA, Jan. 16, 2014), a federal district court ruled that long-term annuities, that is, annuities with payment terms of 5-years or more, purchased by Medicaid applicants were not transfers for less than fair market value and, therefore, were not subject to a penalty period, but that shorter-term annuities.. read more →

In a very unusual ruling, a New York appeals court ruled that, despite transferring significant assets to family members, an applicant still qualified for Medicaid because the transfers were made exclusively for a purpose other than to qualify for benefits. Matter of Safran v. Shah, Docket No. D42144 (App. Div., 2nd Dept., July 2, 2014).. read more →