Pierro, Connor & Strauss, LLC is proud to announce that three of its partners will be recognized in the 2023 edition of The Best Lawyers in America® and one attorney listed as Best Lawyers: Ones to Watch in America.™

Families taking advantage of ABLE savings accounts will have a little more flexibility in planning for special needs as a result of the new Tax Cuts and Jobs Act signed into law by President Trump on December 22, 2017.

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A New Jersey appeals court rules that an ugly dispute between two brothers over their mother’s placement in a nursing home did not amount to domestic violence. R.G. v. R.G. (N.J. Super. Ct., App. Div., No. A-0945-15T3, March 14, 2017).

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Imagine a scenario where your elderly parent urgently needs skilled nursing care to maintain his or her health condition.  In this case, the doctors believe your parent’s condition probably won’t improve, but with proper care, could maintain the current condition or, at least, slow any decline.

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Elder abuse has been called the silent epidemic, but not all cases are what they seem. When a 90 year old gentleman (Frank) gifted $100,000 to his companion of 25 years (Marilyn), he intended to provide for her based on their loving relationship, as his estate documents left everything to his children. When he was later diagnosed with dementia, and his health failed, Marilyn took care of him 24/7, including dressing, bathing and feeding him. Even when he became verbally abusive, she cared for him because she “loved him and because he needed me, and I needed him even as he was. I was happy to be with him.” You see Frank’s family moved next door to Marilyn’s in 1956, each with 3 children, with Marilyn’s husband having died in 1959, and Frank’s wife in 1983. After a year of friendship they became more than friends, and at the ages of 69 and 61 Frank and Marilyn began a romantic relationship that lasted 25 years, with Frank moving into Marilyn’s home in 1985 and selling his own house.

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In the case Clark v. Rameker the United States Supreme Court handed down a landmark, unanimous decision that held that inherited IRAs are not “retirement funds.”

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Attorneys who practice in the area of personal injury litigation are familiar with the 2006 decision in Arkansas Department of Human Services v. Ahlborn which holds that under the Medicaid anti-lien statute a Medicaid agency is only entitled to recover a portion of a personal injury judgment or settlement that is “designated as payments for medical care”. Recently, the United States Supreme Court reaffirmed that holding in the North Carolina case of WOS v. E.M.A by rejecting a North Carolina statute that provided for a statutory presumption that 1/3 of a tort recovery was the amount due under the state’s Medicaid subrogation claim because of the provisions of the anti-lien statute.

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