Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. He is author of the ABA's book "Wills and Estate Administration. Kenneth Vercammen & Associates,
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500 More information at

Monday, July 09, 2007

M.E.F. v. A.B.F.

06-13-07 A-2501-05T1

In this case interpreting the spousal impoverishment
provisions of the Medicaid Catastrophic Care Act of 1988, we
discuss the circumstances in which a community spouse may obtain
a court order of support that supersedes the monthly income
allowance, determined through the administrative process, that
is deducted from the remaining assets of an institutionalized
spouse receiving Medicaid assistance in payment for his nursing
home care. We also discuss the level of proof required in the
state court proceedings.

Friday, July 06, 2007

Estate of Patricia Albanese v. John R. Lolio,
Jr., Esq.

06-04-07 A-1861-05T2

Summary judgment was granted to a law firm retained to
represent an estate which was sued for malpractice by the
executrix and other beneficiaries individually. The critical
issue related to whether the firm owed a duty of representation
to the plaintiffs as individuals based on the failure to advise
about personal tax liability relative to the sale of an asset of
the estate for estate tax purposes. The retainer should have
been clearer on the scope of representation, and summary
judgment was reversed as to the issue of duty to the executrix
as an individual, but not as to her sisters, the other