Effective on July 7, 2014, the Department of Veterans Affairs (VA) is changing its monetary burial benefits regulations to simplify the program and pay eligible survivors quicker and more efficiently. Under the current regulations, VA pays for burial and funeral expenses on a reimbursement basis, which requires survivors to submit receipts before receiving any payments… read more →

(On June 16, 2014, I was a speaker at the 71st Semi-Annual Tax & Estate Planning Forum presented by the New Jersey Institute for Continuing Legal Education. My topic was entitled “House Ownership Options When a Parent and Adult Child Live Together: Tax, Medicaid and Personal Issues.” I presented a PowerPoint  slide show and a.. read more →

A New Jersey appeals court upheld a substantial fee award exceeding the amount in controversy for work preformed by law firm in a probate litigation when representing the estate of a man manipulated into modifying his will through undue influence because the wrongdoer’s actions contributed to, and greatly increased, the time and effort required to.. read more →

A federal district court in New Jersey ruled that a Medicaid applicant was not entitled to a preliminary injunction to prevent the State from counting her annuity as an available resource. Matrangolo v. Velez (U.S. Dist. Ct., D. N.J., No. 13-6289 (MAS) (LHG), May 30, 2014). Plaintiff Marie Matrangolo, an 88-year-old woman who has been a.. read more →

In general, an incapacitated person is to be represented in any litigation by a guardian, or “if no such guardian has been appointed or a conflict of interest exists between a guardian and ward or for other good cause, by a guardian ad litem appointed by the Court.” R. 4:26-2(a); Village Apartments v. Novack, 383.. read more →

Hon. Robert B. Kugler, United States District Judge for the District of New Jersey, reversed a denial of an application for Medicaid benefits by ruling that a pension benefit from the Department of Veterans Affairs (“DVA”) may not be counted as income for the purposes of any Medicaid program to the extent that the DVA.. read more →