Blog: News & Insights

Merely being married does not always create property rights to assets owned by the spouse. The NJ courts were faced with that question in Fox v. Lincoln Financial Group and Scarpone, Appellate Division A-3189-13T4, decided February 24th, 2015 and approved for publication. The decedent, Michael J. Fox, owned a life insurance policy issued by Lincoln Financial group. In 1996, after divorce from...

There’s a common misperception that putting all assets into joint names or “pay on death” format makes for easier estate administration if a person passes away. In fact, an estate needs cash to pay its taxes and bills. An Executor who is named in a Will to handle the administration only has authority to handle the assets that were in “probate format” —...

Yesterday, Sean Connolly, Army Judge Advocate General, was named as commissioner of Connecticut’s Department of Veterans Affairs.  More information concerning his appointment can be found at Connecticut Mirror. I don’t believe I personally had any interaction with Mr. Connolly (though I recall reviewing court-martial records where he was counsel); however, I know many of my...

On February 9, 2015, the Court of Appeals for Veterans Claims (CAVC) issued an  opinion stating “ urged by the veteran, that  § 3.309(a) includes tinnitus, at a minimum where there is evidence of acoustic trauma, as an “organic disease[] of the nervous system.”  That decision can be accessed at Fountain 13-0540 (Fountain v. McDonald).  In essence, the CAVC overturned a...

Palliative care is a specialized team approach to helping a patient to cope with the debilitating symptoms of certain serious complicated illnesses such as parkinsons Disease, heart failure, kidney failure, or COPD. The patient is receiving curative treatment and emergency room care during acute episodes of illness, and can receive dietary support, pain management, grief counselling, massage...

Of recent, we had a few favorable decisions that address similar issues than may provide insight for veterans with similar concerns.  In this Blog, it involves proof of service in the Republic of Vietnam. In terms of the little things, the now-updated version of Acrobat Reader permits me to save already-filled Standard Form (SF) 180s.  This form is used to make a request for military personnel...

Trusts are prepared with an eye toward longevity. A trust is designed to protect assets for benefit of a  beneficiary, both now and for the future. The Trust will specify who will manage it now (the Trustee) and will typically contain a list of successor trustees who can step in later if necessary, and a mechanism for someone to appoint a successor Trustee if there ever is an unfilled vacancy....

On Thursday, February 19th, I attended the last public meeting for the HCBS Transition plan, which was held from 10 am to 12 pm in New Brunswick.  I had wanted to testify as Chair of the Elder and Disability Section of the New Jersey State Bar Association about how I thought this plan would affect seniors and the physically disabled.  I was #77 on the list–I never got a chance.  The vast...

Most people are familiar with the general durable power of attorney (POA), a document in which one person appoints someone who can step in to handle their financial, legal and business type matters. Many people are also familiar with a health care proxy, by which one person appoints another person who is authorized to make the medical decisions for them when the doctors determine that the...

When the natural parent of a minor child dies, it is necessary for a guardian to be appointed. In New Jersey, the surviving parent has statutory priority to become the guardian. Sometimes there is no other parent. What happens? There is a race to the court house among the next of kin, and then litigation among the competing interested parties, who may be relatives on either side to this child,...