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This page will be updated regularly with announcements about seminar presentations, articles, public events, and other noteworthy news being made by Schenck, Price, Smith & King and its attorneys. Please come back often to see what's new at the firm.
Shirley B. Whitenack answered a reader’s question in the January 22, 2012 New Jersey Star-Ledger Biz Brain column:
“Within nine months of the death, creditors must present their claims to the personal representative in writing and under oath, specifying the amount owed and the basis for the claim,” Whitenack said. “The personal representative has three months after the submission of the claim to agree to pay all or part of the claim or to dispute it.” To read the entire column click here .
Shirley B. Whitenack was interviewed by self-advocate Dan Windheim, who hosts a weekly internet radio program “Dialogues with Dan,” focusing on disability issues on January 17, 2012. To listen to the interview click rocklandworldradio.com. Shirley B. Whitenack's article on Guardianships and Developmental Disabilities entitled Surrogate Decision Making for People With Developmental Disabilities was published by www.specialneeds.com . Click here to view the article. . Shirley B. Whitenack gave a presentation on Special Needs Planning at the New Jersey Institute for Continuing Legal Education’s Elder Law College on December 14, 2011 at the Crowne Plaza, Fairfield, New Jersey.
Shirley B. Whitenack answered a reader’s question in the New Jersey Star-Ledger’s Biz Brain column on January 4, 2012
"The creation of a special needs trust can accomplish the dual goal of preserving the disabled child's eligibility for such programs and providing a vehicle to hold additional funds from that person or funds contributed by a parent or other third party to supplement those government benefits," she said. The trust can be established and funded with the assets of the disabled child's parents or other third party, either by will at death or by living trust during the parent's lifetime. Whitenack said the parent or other third party can continue to contribute to the trust, which can be done without your son's knowledge.
Shirley B. Whitenack was quoted in an article entitled “ 5 Tips For Preparing a Will” that was published in the December 2011 issue of InsideJersey. The article can be viewed in its entirety at nj.com. On Tuesday, December 6, 2011, Gary Mazart presented a certified continuing education program to the Rockland County (NY) Estate Planning Council on "Lifetime and Asset Preservation Planning: A Comparative Approach to Seeking Medicaid Eligibility In New Jersey and New York”. Stephen A. Geffner represented The Hillside-Northfield Partners, LLC as they successfully sought final site plan approval and variances to construct an 80-unit multi-family community at 251 West Northfield Road, Livingston, NJ. Mr. Geffner appeared before the Livingston Planning Board on Tuesday, November 29, 2011. The community, the future Hillside Club and former site of DuBrow’s Nursery, will help meet the town’s affordable living requirements. Please click here to view article entitled: “Planning Board Approves 80 Units for DuBrow’s Site on W. Northfield Road” which appeared in the West Essex Tribune, December 1, 2011 edition. LOCAL LEADERS ATTEND SPSK HEALTHCARE ROUNDTABLE BREAKFAST Schenck, Price, Smith & King was proud to host its first Healthcare Roundtable Breakfast on Monday, November 21, with co-sponsor Brown & Brown Metro. The event brought together thought and policy leaders, Rep. Bill Pascrell, D-Passaic, Member, House Committee on Ways and Means, Subcommittee on Health Chairman, Congressional Traumatic Brain Injury Task Force; Neil Sullivan, New Jersey Department of Banking and Insurance, Assistant Commissioner, Life and Health Division; and Sean Hopkins, New Jersey Hospital Association, Senior Vice President, Health Economics. The spirited discussion, held at the Crystal Plaza in Livingston, focused on issues such as Accountable Care Organizations, Patient Protection and Affordable Care Act, and more. An audience comprised of senior executives from hospitals, insurance companies, public institutions and major employers was in attendance for the event, interfacing with the speakers. Event photo attached (Sean Hopkins, NJHA; Brian Foley, Partner, SPSK; Martin Statfeld, Principal, Brown & Brown Metro; Rep. Bill Pascrell, Sidney Sayovitz, Managing Partner, SPSK; Neil Sullivan NJ Dept of Banking and Insurance) Marc H. Zitomer was a guest participant on the New Jersey School Board Association’s December 9, 2011 Blog Talk Radio podcast show: “Conversations on New Jersey Education” which included discussion on issues regarding the New Technology and the Sunshine Law for school districts. Shirley B. Whitenack and Crystal West Edwards gave presentations at Health Ed’s New Jersey Elderlaw 2011 on November 18, 2011 at the Hilton Garden Inn Rockaway in Rockaway, New Jersey. Topics included guardianship, conservatorship, financing long-term care, Medicaid: new developments, and creating a personal and financial management system.
Shirley B. Whitenack was quoted in the November 13, 2011 Star-Ledger’s Biz Brain column:
The creditor takes a federal tax deduction and often sells the debt to a debt collector, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park. "A charge-off does not relieve the debtor from a legal obligation to pay the debt," she said. "When a lender forecloses on residential property, that lender can file a separate deficiency action on the mortgage note for the difference between the sale price and the fair market value of the property." Such an action, however, must be filed with the court within three months of the sale, Whitenack said.
"Assuming that there was a foreclosure against the property resulting in a default judgment in 1998 and the lender did not pursue a separate deficiency action, the heir should not be held liable for the deficiency," Whitenack said. To view the entire article click
When a debt is "charged off" on a credit report, it means that the account was not paid for at least 120 to 180 days. After that point, the creditor — the entity to whom the money was owed — decided that the debt would not be collected and wrote it off. The creditor takes a federal tax deduction and often sells the debt to a debt collector, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park. "A charge-off does not relieve the debtor from a legal obligation to pay the debt," she said. "When a lender forecloses on residential property, that lender can file a separate deficiency action on the mortgage note for the difference between the sale price and the fair market value of the property." Such an action, however, must be filed with the court within three months of the sale, Whitenack said. "Assuming that there was a foreclosure against the property resulting in a default judgment in 1998 and the lender did not pursue a separate deficiency action, the heir should not be held liable for the deficiency," Whitenack said. To view the entire column click nj.com. Paul H. Green was a featured speaker at a Passaic County Schools Boards Association program held on November 9, 2011 at the Passaic County Public Safety Academy, Wayne, NJ . Passaic County Schools Boards Association hosted the program to educate all members of the community on Harassment, Intimidation, and Bullying (HIB) under the new Anti-Bulling Bill of Rights Act. Shirley B. Whitenack gave a presentation on Fiduciary Representation on November 9, 2011 at the National Academy of Elder Law Attorneys’ Advanced Elder Law Boot Camp at the Boston Seaport Hotel, Boston, Massachusetts. Stephen Sepaniak To Lead Health Care Law Practice At Schenck, Price, Smith & King. LLP Shirley B. Whitenack was a speaker at the Road to Personal Wealth Conference sponsored by the Star Ledger & TD Bank and featuring Suze Orman as a keynote speaker on November 5, at the Harwood Arena, Kean University, Union New Jersey. For more information go to nj.com . Basil F. O’Connor was a panelist at the 13th Annual New Jersey Trust & Estate Law Forum on October 24, 2011, at the NJ Law Center, New Brunswick, New Jersey.
Shirley B. Whitenack has been awarded the Ann Klein Advocate Award, an award honoring those who have made extraordinary contributions to improving the lives of people with disabilities.
Shirley B. Whitenack answered a reader’s question in the New Jersey Star-Ledger’s Biz Brain column on October 16, 2011:
The entire column can be viewed at nj.com. Edward W. Ahart was invited by the Morris County Board of Chosen Freeholders to be a member of the Morris County Economic Development Advisory Committee which took place on Wednesday, September 28, 2011 in Morristown, New Jersey. Shirley B. Whitenack and Meredith Grocott gave a presentation on Terminating, Modifying and Reforming Special Needs Trusts on September 21, 2011 at the Elder & Disability Law Symposium sponsored by the New Jersey Institute for Continuing Legal Education at the Law Center in New Brunswick, New Jersey. Richard J. Conway, Jr. was a speaker at an LSRP Program regarding “Related NJDEP Topics” on September 20, 2011. The seminar was held at the Foundation for Education Administration Conference Center, 12 Centre Drive, Monroe Township, New Jersey. Regina M. Spielberg was a speaker at the National Business Institute of Continuing Legal Education for Professionals on September 20, 2011 at the Sheraton Newark Airport Hotel, Newark, NJ. The topic of the live seminar was Drafting Effective Wills and Trusts. For further information please click on the seminar webpage Drafting Effective Wills and Trusts . Crystal C. West was recently sworn in as Secretary of the Garden State Bar Association. Shirley B. Whitenack gave a presentation on “Ethical Considerations and the Client With Diminished Capacity on September 15, 2011 at a seminar sponsored by the Guardianship Association of New Jersey, Inc. at the Crowne Plaza, Monroe Township, New Jersey.
Shirley B. Whitenack answered a reader’s question in the Newark Star-Ledger’s Biz Brain column on September 11, 2011:
There are two types of special needs trusts, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park. First party special needs trusts are funded with the disabled person’s own assets, and third party special needs trusts are funded with the assets of individuals other than those owned by the disabled individual. "Under federal law, first party special needs trusts can be established only by a parent, grandparent, a legal guardian or the court," Whitenack said. Third party special needs trusts, however, can be established by anyone for the benefit of a disabled person, Whitenack said. If the irrevocable trust established for the benefit of the disabled daughter is designed to hold assets of third parties such as her mother’s, the other trust terms will determine whether the daughter’s eligibility for Medicaid and other governmental benefits will be adversely impacted. Whitenack said it may be possible to amend the irrevocable trust to include special needs trust provisions now, which will help avoid any questionable eligibility later. On the other hand, if the irrevocable trust established for the benefit of the disabled daughter is funded with the daughter’s assets but does not include special needs trusts provisions, the daughter’s eligibility will be adversely impacted and the assets may be countable for Medicaid eligibility purposes depending on the other trust terms, Whitenack said. "If the trust is countable for purposes of determining the daughter’s Medicaid eligibility then all of the assets in the trust would have to be expended before she would be eligible," she said. "Even if the trust is irrevocable, it may be possible to modify the trust at this time." Whitenack said the deposit of funds into an irrevocable trust is subject to a five-year lookback period for the grantor of the trust, meaning the person who established the trust may be penalized if he or she applies for Medicaid benefits for himself or herself when he or she runs out of money and is otherwise eligible. The disabled beneficiary would not be similarly penalized during the lookback period unless she also is the nominal grantor of the trust. The entire column can be viewed at nj.com.
Shirley B. Whitenack answered a reader’s question in the Star-Ledger’s Biz Brain column on August 29, 201l:
During 2011 and 2012, the gift tax exemption also is $5 million. Gifts in excess of $5 million made during these years are also taxable at a rate of 35 percent. The New Jersey estate tax is imposed on assets in excess of $675,000, and an inheritance tax also is assessed on all real and personal property in New Jersey and intangibles in excess of $500, Whitenack said. To view the entire article, go to nj.com.
Shirley B. Whitenack gave a presentation on Special Needs Trusts on August 17, 2011 for Prudential Special Needs Solutions … for All Ages at the Intercontinental Chicago O’Hare, Rosemont, Illinois.
Shirley B. Whitenack answered a reader’s question in the Star-Ledger’s Biz Brain column on August 1, 2011:
"’Reasonable efforts to return the property depend on a variety of factors, such as the type of property, the circumstances in which the property is found and information about the owner that can be obtained by the finder,’ Whitenack said. “She said such efforts may include attempts to notify the owner of the lost property, to deliver the property to the owner or to deliver the property to the local police. If the owner of the lost or mislaid property does not claim the property within 120 days of the start of reasonable efforts to return it, then the owner of the premises where the property is found may claim ownership of the hidden lost property.
“In a case like yours, Whitenack says the purchaser of the house may have a right to the property without making reasonable efforts to return the items by virtue of the real estate sales agreement. For example, if the sales contract had a provision requiring the seller to remove all personal property not included as part of the transaction, then the purchaser’s right to the property may be superior to that of the deceased person’s heirs. "’The reader’s claim may be barred by the doctrine of laches, which is an unreasonable delay in asserting one’s claim or rights to the prejudice of another party,’ Whitenack said. "’For instance, the removal of the property may cause damage to a wall or ceiling that was replaced or repainted by subsequent or current homeowners.’ The entire column can be viewed at nj.com.
Shirley B. Whitenack answered a reader’s question in the Star-Ledger’s Biz Brain column on July 10, 2011:
“The process you’re going through – spending down your mom’s assets so she will qualify for Medicaid – can be tough. There are very strict guidelines and rules regarding eligibility. “Medicaid is a federal and state medical assistance program which will pay nursing home and medical costs for eligible, needy individuals. “ In order to qualify for Medicaid benefits is[sic] a nursing home, an individual cannot have countable assets in excess of $2,000 or $4,000, depending on the individual’s monthly income, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park. When a Medicaid applicant has assets in excess of the eligible levels, the applicant is require to ‘spend down’ the assets to the amount that qualifies the individual for Medicaid benefits. ”Whitenack said during eh application process, the Medicaid agency carefully scrutinizes the applicant’s financial records to determine whether an improper transfer of assets has occurred that would disqualify the individual from receiving Medicaid benefits. “ ‘The Medicaid applicant’s money may be used to purchase items for fair market value for the benefit of that individual,’ she said. ‘For example, in addition to the items purchased by the child for the mother, the individual’s assets can be used to purchase items such as haircuts, manicures, pedicures, a television and a radio for the nursing home resident.’ “ The Medicaid applicant’s assets also can be used to purchase a burial space, a prepaid burial or an irrevocable burial trust for the Medicaid applicant, she said. “You mentioned your mom didn’t want to establish joint accounts for her kids, and it seems that she’s not interested in giving ‘gifts.’ That strategy probably woudn’t work. Having her ‘gift’ money to you or other relatives to shield the funds from being spent for her care or to qualify her for Medicaid would be noticed when her paperwork is evaluated. “Whitenack said you might want to consider hiring an elder law attorney to look at your plans prior to the submission of a Medicaid application. And by the way, the fees of an elder law attorney are an allowable spend down expense.”
Shirley B. Whitenack was a presenter for the Guardianship Association of New Jersey, Inc. on the topic of Ethical Considerations and the Client with Diminished Capacity. The presentation took place on June 14, 2011 in Florham Park, NJ. Regina M. Spielberg was a speaker at the Archdiocese of Newark, 171 Clifton Avenue, Newark, New Jersey on June 8, 2011. Ms. Spielberg spoke on “Charitable Giving.”
Shirley B. Whitenack answered a reader’s question in the June 5, 2011 Star-Ledger Biz Brain column:
Please note it is your responsibility to make sure the house is cleaned out if the will provides that the house is to be sold and the proceeds are to be divided among several beneficiaries, but the executor is not required to do the work himself or herself, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park. "The executor may hire people or companies to clean the house and compensate them from the assets of the estate," Whitenack said. "The estate also is responsible for other costs associated with cleaning out the house such as cleaning supplies, boxes and dumpsters." She agreed that the executor may be entitled to compensation for cleaning out the house if the compensation is reasonable and commensurate with, or less expensive than, the cost of hiring others to clean out the house. "The siblings may be resentful or angry that the executor is taking commissions and wants to be reimbursed for cleaning out the house," she said. "In that case, the executor may have to seek approval from the court to be compensated for his or her labor." The entire column can be viewed at nj.com. John P. Campbell, an attorney in the Firm’s Litigation Department, was recently appointed to serve on the Summit Juvenile Conference Committee. The Juvenile Conference Committee is a court appointed committee, composed of trained citizen volunteers. JCC's will hear and determine first and second time minor juvenile delinquency matters. There are currently 22 Juvenile Conference Committees operating in Union County. Every municipality is represented by a Juvenile Conference Committee.
Joanne Butler was one of three speakers at a day-long Special Education web-cast presented by NBI on May 26, 2011. Ms. Butler spoke about “Successfully Handling Disciplinary Actions for Special Needs Students” and “Ensuring Successful Due Process Procedures.”
Shirley B. Whitenack answered a reader’s question in the May 16, 2011 Star-Ledger Biz Brain column::
‘Other than spending the couple’s assets, one of the simplest ways of minimizing New Jersey estate taxes is to equalize the assets owned by each spouse so that each spouse has under $675,000 in their estate when they die,’ she said. For example, if one spouse has a large IRA, the spouse with fewer assets can hold the home in his or her name. Care must be taken, however, in deciding which assets should be transferred, because transfers of certain assets could result in an imposition of taxes. Also, if one spouse dies and the surviving spouse has more than $675,000, that spouse would need to act to avoid the state estate tax upon his or her death. Another option is to make lifetime gifts to reduce the size of your estates. New Jersey does not impose an estate tax on assets that are gifted during lifetime, Whitenack says. ‘Any gift made within three years of death may be subject to New Jersey inheritance tax but no inheritance taxes are imposed when the beneficiaries of the estate are children of the decedent,’ she said. Pennsylvania does impose a 4.5 percent tax for direct descendants such as children, but if the decedent is not a resident of Pennsylvania, then the tax is imposed only upon real property and tangible personal property located in Pennsylvania, Whitenack said.” The entire column can be viewed at nj.com. Shirley B. Whitenack was a presenter at the May 21, 2011 National Academy of Elder Law Attorneys Annual Meeting in Law Vegas, Nevada. She addressed “Marketing a Special Needs Law Practice.”
Robin S. Ballard was a presenter at Lehigh University’s College of Education 39th Annual Education Law Conference on May 13, 2011. Ms. Ballard spoke on “A snapshot of hearing officer decisions from Pennsylvania and New Jersey: Changes in attitudes and latitudes?” Meredith L. Grocott was a presenter at an educational workshop on behalf of the Greater New Jersey Chapter of the Alzheimer’s Association entitled “Legal and Financial Considerations in Dementia Care.” The workshop took place on Thursday, May 12, 2011 at the Senior Home Care Services, Inc., 150 Speedwell Avenue in Morristown, New Jersey
Joanne Butler was the Moderator of the seminar “It’s My Prerogative - District and Parent Perspective” at the 39th Annual Special Education Conference at Lehigh University held on May 11, 2011. Shirley B. Whitenack spoke at a program entitled “He Ain’t Heavy He’s My Brother”: Contested Guardianships, on April 29, 2011 at the American Bar Association Section of Real Property, Trust & Estate Law’s 22nd Annual Spring Symposia in Washington, D. C. Robin S. Ballard was a presenter at the NBI Seminar held at the Clarion Palmer Inn, Princeton, NJ on May 2, 2011. One of three speakers in a day-long seminar entitled: New Jersey Special Education Law, Ms. Ballard spoke on the following topics: “Successfully Handling Disciplinary Actions for Special Needs Students” and “Ensuring Successful Due Process Florelee R. Wan has recently been elected Secretary to the Executive Board of the Asian Pacific American Lawyers Association of New Jersey (NAPALA/NJ). Jeffrey T. LaRosa was a presenter at the Morris County Bar Association Construction Law Conference MCLR Seminar being held on Thursday April 28, 2011 at the Morris County Court House Jury Assembly Room, Washington & Court Streets, Morristown, New Jersey. Mr. LaRosa addressed “Construction Insurance – An Overview” and provided a primer on insurance policies as well as a review of coverage issues and exclusions for each policy. Regina M. Spielberg was a speaker at the Ridgewood Men’s Club, on April 12, 2011, held at the Wyckoff Reformed Church, Wyckoff, New Jersey. Ms. Spielberg addressed “Planning for Long-Term Care Costs.” Shirley B. Whitenack was recently selected as secretary of the National Academy of Elder Law Attorneys (NAELA).
Shirley B. Whitenack answered a reader’s question in the Star-Ledger’s April 11, 2011 Biz Brain column:
"The application must be filed in the county where your sister was a resident at the time of her death. The surrogate may require the administrator to post a surety bond," she said. Whitenack adds, and the Brain concurs, it is always better to have a will. A will states your preference regarding the disposition of your estate and appoints an executor to administer the estate, Whitenack said. You can also designate a guardian for your minor children in a will. Finally, a will can specify that the executor does not have to post a surety bond.” The entire column can be viewed at nj.com. Regina M. Spielberg was a speaker at the April 5, 2001 NJICLE seminar entitled: “Contested Guardianships: Winning in the Courts”. The seminar was held at the NJ Law Center, New Brunswick, New Jersey. Ms. Spielberg also presented an “Elder & Disability Law Update” at the March 17, 2011 NJICLE seminar, entitled: “2011 Probate Symposium.” Schenck, Price, Smith & King, LLP announces its 2011 New Jersey Super Lawyers. [.PDF format] Shirley B. Whitenack was a speaker at Stetson University College of Law’s Fundamentals of Special Needs Trust Administration Webinar on April 1, 2011. She addressed Terminating Special Needs Trusts.
Shirley B. Whitenack answered a reader’s question regarding powers of attorney in the March 30, 2011 New Jersey Star-Ledger’s Biz Brain column:
Then there's what's called a springing power of attorney. Whitenack said this differs from a general power of attorney in that it authorizes the agent to act only when the principal is mentally incapacitated. You should also consider a health care proxy, also known as a medical power of attorney, for your mom. In this written document, the principal appoints another individual as an agent to make health care decisions for the principal if the principal is unable to make such decisions for himself or herself. Then there's an advance directive, which is also known as a living will. With this document, people can give instructions about the type of treatment they want or don't want when they are at the end stage of life. That would include everything from medication to life-saving efforts by doctors. A person must be mentally competent to execute any type of power of attorney, health care proxy or living will, Whitenack said. In addition, per New Jersey law, all of these documents must be executed with certain formalities, including notarization. If your mom is no longer mentally competent to execute these documents, you or another family member -- or whoever wants to make decisions on her behalf -- will have to file papers to have a court appoint him or her as that individual's legal guardian, Whitenack said. While you can purchase these documents in stationery supply stores or download them online, it's usually better to work with an attorney to ensure you've covered everything you need to cover. A copy of the column can be viewed at The entire column can be viewed at nj.com. Shirley B. Whitenack joined other members of the National Academy of Elder Law Attorneys (NAELA) in Washington, DC on March 28-29, 2011 to meet with members of Congress and their staffs to discuss important issues facing senior citizens and special needs clients. Regina M. Spielberg has been elected a Fellow of the American College of Trust & Estate Counsel (ACTEC). Shirley B. Whitenack was a presenter at the Special Needs Alliance’s Boot Camp-First and Third Party Issues held on March 12, 2011 in San Antonio, Texas. The Special Needs Alliance is an invitation-only, national, non-profit organization of attorneys committed to helping individuals with disabilities, their families, and the professionals who represent them. Shirley B. Whitenack has been selected to serve as Secretary of the National Academy of Elder Law Attorneys. Deborah A. Cmielewski was a speaker at the 127th NJVMA Annual Meeting held March 4 – 6, 2011 at the Hamilton Park Conference Center, Florham Park, NJ. She spoke about the “Legal Nuts and Bolts of Veterinary Practice in New Jersey.” Shirley B. Whitenack spoke on the Mechanics of Special Needs Trusts at Metlife’s Special Needs Training Session held on March 1, 2011 in Irving, Texas. Jeffrey S. Goldstein was a presenter at a seminar sponsored by the New Jersey Association for Justice on February 26, 2011 at the Pines Manor in Edison, NJ. He spoke on “Workers’ Compensation Liens: What you Don’t Know Will Cost You (& Your Client)”. Richard J. Conway, Jr. was a speaker at a Rutgers University/Cook College two-day NJDEP Regulations Seminar on February 23, 2011. Edward W. Ahart was a co-presenter at a February 20, 2011 seminar held at the Rothman Institute of Entrepreneurial Studies at Fairleigh Dickinson along with Citibank. Mr. Ahart addressed “Issues Related to the Valuation of Privately Held Companies.” Daniel O. Carroll assisted Mr. Ahart with the Schenck, Price, Smith & King, LLP presentation.
Shirley B. Whitenack answered a reader’s question in the Star Ledger’s Biz Brain column on February 9, 2011:
Eric A. Inglis was recently appointed co-chairman of the Education Committee of the New Jersey chapter of the National Association of Industrial and Office Properties (NAIOP), the state’s leading commercial real estate trade group. Schenck, Price, Smith & King, LLP was a host at the 90th Annual Meeting Luncheon of the Morris County Chamber of Commerce held on January 27, 2011 at the Hilton Parsippany Hotel, Parsippany, NJ. Richard J. Conway, Jr. was a speaker at the January 25, 2011 ICLE Seminar held in New Brunswick, NJ. He spoke on Review of New Jersey Environmental Law-0SRRA & LSRP’s . Joanne L. Butler was a presenter at the NBI Seminar which was held at the Sheraton/Newark Airport Hotel in Newark, NJ on Monday, January 24, 2011. One of three speakers in a day-long seminar entitled: New Jersey Special Education Law, Ms. Butler spoke on the following topics: “Successfully Handling Disciplinary Actions for Special Needs Students” and “Ensuring Successful Due Process Procedures.” Richard J. Conway, Jr. was a speaker at the First American Inn of Transaction Counsel meeting held in Roseland, NJ on January 11, 2011. He spoke on the Site Remediation Reform Act. Shirley B. Whitenack, Esq. was quoted in the Star Ledger’s Biz Brain column on January 9, 2011. Frank M. Coscia has been reappointed by the Mayor and Council of the Borough of North Haledon, at their Annual Reorganization Meeting held on January 3, 2011, as Defense Counsel for the North Haledon Policemen’s Benevolent Association (“PBA”) for the year 2011.
Shirley B. Whitenack, Esq.answered a reader’s question in the Star Ledger’s Biz Brain column on December 13, 2010:
Shirley B. Whitenack, Esq. was a speaker at the 64th Semi-Annual Tax & Estate Planning Forum sponsored by the New Jersey Institute for Continuing Legal Education held on December 8, 2010 at the Law Center in New Brunswick, NJ. She spoke about Income Tax Issues in Settling Litigation. Shirley B. Whitenack, Esq. and Gary Mazart gave presentations at PESI’s New Jersey Elder and Disability Law 2010-2011 Update on December 1, 2010 at the Hilton Woodbridge Hotel, Iselin, New Jersey. Ms. Whitenack spoke about ethical dilemmas in representing a client with diminished capacity. Mr. Mazart gave updates on federal and New Jersey and related state elder and disability law. Richard J. Conway, Esq. was a panelist at the Langan Engineering & Environmental Services LLSRP Summit: Half-way to the New World Order. The summit was held on November 30, 2010 at the Trenton Marriott at Lafayette Yard. Crystal C. West, Esq. was a presenter on “How to Work with Nursing Homes and Government Agencies” at the New Jersey Institute on Continuing Legal Education’s Elder Law Issues Symposium held on November 22, 2010 at the Renaissance Woodbridge Hotel, Iselin, NJ. Shirley B. Whitenack, Esq. and Gary Mazart were presenters at Health Ed’s New Jersey Elderlaw 2010: Legal, Financial, Medicaid Today held on November 18, 2010 at the Saddle Brook Marriott, NJ.
Peter A. Marra, Esq. and John D. McCarthy, Esq. gave a presentation to the Union County Policemen’s Benevolent Association Conference on November 8, 2010 which was held in Westfield, New Jersey. The firm’s proficiency in labor and employment law, worker’s compensation, trust and estate and personal injury law was highlighted. Shirley B. Whitenack, Esq. was a presenter on Beyond SNTs: Incorporating Special Needs Settlement Planning Into your Elder and Special Needs Law Practice at NAELA's Advanced Fall Institute which was held on November 5, 2010 in San Diego, California. Gilbert S. Leeds, Esq. gave a presentation to the Independent Insurance Agent Association on October 27, 2010 at the Parsippany Holiday Inn. He spoke on the subject of “E&O Claims: How to Avoid Them”. The presentation focused on the best ways to avoid being sued as an insurance agent and what steps to take if suit is filed. Shirley B. Whitenack, Esq. was a presenter on contesting gifts and wills on undue influence, lack of capacity, and similar grounds at NJICLE's Sophisticated Elder Law program held on October 20, 2010 at the Law Center, New Brunswick, New Jersey. Meredith L. Grocott, Esq. participated in the Morris County Bar Association Bench/Bar Conference on October 22, 2010. Ms. Grocott spoke on “Developments in Probate Litigation” in the Chancery Division, General Equity breakout session. Shirley B. Whitenack, Esq. gave a presentation on “Slicing the Pie – Income Tax Application to Litigation Awards and Settlements” at Stetson College of Law’s 2010 Special Needs Trusts, The National Conference, on October 22, 2010 at the Don CeSar Beach Resort in St. Pete’s Beach, Florida. John P. Campbell, Esq. was a speaker at a Morris County Chamber of Commerce breakfast seminar on Friday, October 22, 2010. The seminar was held at the Chamber’s new offices located at 325 Columbia Turnpike, Suite 101, Florham Park, NJ. Mr. Campbell addressed the use of Social Media. Mr. Campbell has written the following articles regarding this subject matter; to view same please click on link. Internet Defamation – A Primer [.PDF format] Tips from the Trenches: Facebook…An Openbook? [.PDF format] Crystal C. West, Esq. was a panelist on Careers in Elder Law at the 3rd Annual Student Health Law Conference hosted by the American Society of Medicine, Law, and Ethics at Seton Hall University on October 22, 2010. Shirley B. Whitenack, Esq. was the moderator of a panel consisting of the Honorable Margaret Mary McVeigh, J.S.C., the Honorable Robert Contillo, J.S.C. and Honorable Deanne Wilson, J.S.C. at a program entitled Judicial Perspectives on the Doctrine of Undue Influence sponsored by the Morris County Bar Association and its Trusts and Estates Committee on October 13, 2010 from 5:30 p.m. to 8:30 p.m. at the Marriot Hotel, Whippany, New Jersey. Shirley B. Whitenack, Esq. was a panelist on Legislative Updates Relevant to Elder Law Practice at the 13th Annual Northeast Elder Law Symposium at October 15, 2010 at Suffolk University Law School, Boston, Massachusetts. Shirley B. Whitenack, Esq. was a panelist on the topic of Advocacy for Clients in the NJ Office of the Public Guardian and NJ Division of Developmental Disabilities at the Guardianship Association of New Jersey’s 15th Annual Conference on Guardianship on October 19, 2010 at the Crowne Plaza Monroe, Jamesburg, New Jersey. Marc H. Zitomer, Esq. conducted an Action Lab on Tuesday, October 19, 2010 on “The Role of the Board of Education President” at the New Jersey School Board Association’s Workshop 2010 held at The Palace at Somerset Park, Somerset, New Jersey. Shirley B. Whitenack, Esq. was a presenter on contesting gifts and wills on undue influence, lack of capacity, and similar grounds at NJICLE's Sophisticated Elder Law program on October 20, 2010 at the Law Center, New Brunswick, New Jersey. Meredith L. Grocott, Esq. acted as the moderator for a panel discussion “Structuring Limited Guardianships: Where are we now?” at the Guardianship Association of New Jersey, Inc. Conference on October 19, 2010. The panelists were the Honorable Walter Koprowski, J.S.C., Surrogate Donald De Leo and Judith S. Parnes, LCSW, ACSW, CMC. Shirley B. Whitenack, Esq. gave a presentation on September 29, 2010 on Beyond SNTs: Practice Development through Special Needs Settlement Planning and will participate on a panel on Practice Development Tips at the 13th Annual Elder & Disability Law Symposium sponsored by the New Jersey Institute for Continuing Legal Education and the New Jersey State Bar Association’s Elder & Disability Law Section which will be held at the Law Center, New Brunswick, New Jersey. Michael J. Marotte, co-chair of the Insurance Law Practice Group, presented an insurance claims handling and fair settlement practices seminar for Greater New York Mutual Insurance Company. The seminar was held on September 28, 2010 in East Brunswick, NJ.
Gary Mazart, Esq. was a speaker at a breakfast seminar sponsored by Wells Fargo Private Bank entitled “Navigating the Slippery Slope of Elder Law and Elder Care: A Legal and Practical Overview.” Mr. Mazart will be speaking on legal aspects. The seminar was held on Wednesday, September 22, 2010 at the Baltusrol Golf Club, Springfield, New Jersey.
Shirley B. Whitenack, Esq. answered a reader’s question in the Star-Ledger’s Biz Brain column on September 19, 2010:
In the September 17, 2010 Biz Brain column of the Star-Ledger, Shirley B. Whitenack, Esq. answered a reader’s question:
SPSK Welcomes New Attorneys To School Law Practice Sidney A. Sayovitz, Esq. was a speaker at an ICLE seminar addressing School Law for the Non-School Lawyer. The seminar was held on Wednesday, September 15, 2010 at the Law Center in New Brunswick, N.J. Mr. Sayovitz spoke on “Access to school district information, Open Public Records Act and student privacy issues”. Edward W. Ahart, Esq. was elected as a Trustee of the Fannie E. Ripple Foundation, a not-for-profit foundation committed to serving as a catalyst for new ways of thinking about our national health system – to achieve better health, better care and lower costs. Shirley B. Whitenack, Esq. and Regina M. Spielberg, Esq. have authored the following articles which have been published in August 2010/No. 265 edition of The New Jersey Lawyer Magazine: Special Needs Settlement Planning by Shirley B. Whitenack and Regina M. Spielberg; The The Powerful Power of Attorney by Regina M. Spielberg.
Shirley B. Whitenack, Esq. answered a reader’s question about the rights of beneficiaries to receive updates concerning an estate:
Edward W. Ahart, Esq. has been elected Chair of the Board of Trustees, Lafayette College. Mr. Ahart was awarded an honorary Doctor of Laws degree at Lafayette’s 175th Commencement ceremonies. To view complete article please click here. Gilbert S. Leeds, Esq. was the moderator at an ICLE Seminar on August 11, 2010 entitled; “Recent Developments in New Jersey Law.” The seminar, which was held at the Law Center in New Brunswick, NJ, covered various topics, including employment litigation, product liability litigation, fiduciary litigation, ADR, professional malpractice, construction law and ethics. Leslie A. Saint, Esq. was a presenter at the Understanding American Business Summer Conference, an annual competition for high schools students, on Tuesday, July 13, 2010, 9:30 a.m.- 4:30 p.m. and Wednesday, July 14, 2010, 9:00 a.m.- 12:00 p.m. The conference, sponsored by a division of the Morris County Chamber of Commerce, “The Business and Education Together Foundation”, was held at the State Farm Headquarters, 300 Kimball Drive, Parsippany, NJ. Ms. Saint will be presenting on “Human Resources and Legal Issues.”
Shirley B. Whitenack, Esq. gave a presentation on July 13, 2010 on Beyond SNTs: Practice Development through Special Needs Settlement Planning. Ms. Whitenack was a participant on the panel on Practice Development Tips at the 13th Annual Elder & Disability Law Symposium sponsored by the New Jersey Institute for Continuing Legal Education and the New Jersey State Bar Association’s Elder & Disability Law Section at the Sheraton, Edison, New Jersey. Leslie A. Saint, Esq. gave a presentation at the Understanding American Business Summer Conference, an annual competition for high schools students, on Tuesday, July 13, 2010 and Wednesday, July 14, 2010. The conference, sponsored by a division of the Morris County Chamber of Commerce, “The Business and Education Together Foundation”, was held at the State Farm Headquarters, Parsippany, NJ. Ms. Saint spoke about “Human Resources and Legal Issues.” Shirley B. Whitenack, Esq. answered a reader’s question about the length of time it takes to probate a will and distribute assets to the beneficiaries:
In the June 23, 2010 “Biz Brain” column in the New Jersey Star-Ledger, Shirley B. Whitenack, Esq. answered a reader’s question about the determination of undue influence in the preparation of a will:
Information on the Federal Stimulus Law Shirley B. Whitenack, Esq. gave a presentation to parents of special needs children on May 5, 2010 at the Stepping Stones School in Livingston, New Jersey. Shirley B. Whitenack, Esq. was a panelist addressing Federal Litigation on Medicaid Issues on May 13, 2010 at the National Academy of Elder Law Attorney’s Annual Meeting at Disney’s Yacht & Beach Club Resort, Orlando, Florida. Meredith L. Grocott, Esq. was a speaker at the 2010 Education and Research Conference for the Greater New Jersey Chapter of the Alzheimer’s Association on April 16, 2010 at The Palace in Somerset, New Jersey. Ms. Grocott presented a workshop session on guardianships with Jane E. Gildersleeve-Janoff, Executive Director of the Guardianship Association of New Jersey, Inc. Meredith L. Grocott, Esq. was a panelist on Trusts and Estates for the Morris Family Law Section Seminar, “Family Law Cases are not just about Family Law- Everything Else You need to Know,” on April 29, 2010 at The Madison Hotel. Shirley B. Whitenack, Esq. was the keynote speaker at a Parent Workshop on Estate Planning and Guardianship for Special Needs Students on January 20, 2010 at the SJC Middle/High School Gymnasium, 123 Union Avenue, Lodi, NJ. There is no cost for this workshop sponsored by the South Bergen Jointure Commission. Shirley B. Whitenack, Esq was a presenter at a telephonic seminar held on January 14, 2010 entitled Asset Protection For the Middle Class: Using Income-Only Trusts For True Asset Protection offered by ALI-ABA. Eric A. Inglis, Esq. was quoted extensively in the November/December 2009 issue of New Jersey & Co. magazine regarding alternative dispute resolution. Michael J. Marotte, Esq. , Co-Chair of the Insurance Law Practice Group, presented a claims handling seminar at the New Jersey offices of Greater New York Mutual Insurance Company on December 17, 2009. Schenck, Price, Smith & King, LLP (“SPSK”) is pleased to report a significant victory by its employment litigation practice group. In Cicchetti v. The Morris County Sheriff’s Office, John M. Bowens, Esq., Chairman of the group, represented the defendant, The Morris County Sheriff’s Office (“MCSO”) at trial where the jury returned a 9-0 verdict in its favor. Mr. Bowens had originally represented an Officer in the Sheriff’s Department who was accused of discriminating against the plaintiff, Cicchetti, because he had contracted Hepatitis C. Mr. Bowens secured a dismissal of the claims against the Officer by way of a Motion for Summary Judgment, joined in by the other defendants. On appeal, the dismissal as to the individual defendants was affirmed, but the Supreme Court, finding that the case raised “novel and complex questions relating to workplace discrimination claims,” remanded the case for trial as to the MCSO. The allegations which went to trial were that the MCSO had failed to conduct an adequate investigation into the allegations of discrimination. After the remand, Mr. Bowens was requested to re-enter the case as trial counsel for the Sheriff’s Office. The ensuing trial lasted for approximately three weeks and the jury deliberated for less than two hours before reaching its verdict of “no cause” in favor of the MCSO. SPSK’s employment practice group was also successful in defending an employer in Peragallo v. Helmer. The plaintiff claimed he was coerced into signing a separation agreement at the time he was discharged. After limited discovery, SPSK secured summary judgment on behalf of the employer. Gary Mazart, Esq. and Shirley B. Whitenack, Esq were presenters at a Health-Ed program entitled New Jersey Elderlaw 2009 on November 19, 2009 at the Crowne Plaza Hotel Somerset-Bridgewater, Somerset, New Jersey. Mr. Mazart spoke on Long-Term Care, Creating a Personal & Financial Management System and New Developments in Medicaid. Ms. Whitenack addressed Guardianships, Conservatorships, Medicaid Fair Hearings and Appeals. Shirley B. Whitenack, Esq was a speaker on the Secondary Market for Annuities at NJICLE's Atlantic Elder & Special Needs Law Forum on November 9, 2009 at the Hyatt Regency, New Brunswick, New Jersey. Shirley B. Whitenack, Esq was a speaker on the topics of Fair Hearings & Appeals and Contested Guardianships at the National Academy of Elder Law Attorneys' Public Benefits & Guardianship Institute on November 8, 2009 at the Hyatt Jersey City, New Jersey. Shirley B. Whitenack, Esq was the moderator at NJICLE's Guardianship Practice 101 on October 31, 2009 at the Law Center, New Brunswick, New Jersey. Ms. Whitenack also spoke on the Role of the Court-Appointed Attorney and Guardian Ad Litem at the seminar. Gilbert S. Leeds, Esq. and Jeffrey T. LaRosa Esq. were addressed a group of insurance agents in Edison, New Jersey on October 28, 2009 regarding recent developments in defending insurance agents in E&O cases. Frank M. Coscia, Esq. was a moderator at the NJICLE Insurance Law Seminar on October 21, 2009 at the New Jersey Law Center, New Brunswick, New Jersey. The topic was “Insurance In Financially Turbulent Times”. Shirley B. Whitenack, Esq was a moderator on the panel of County Surrogates and a Superior Court Judge on the topic of Goals of the Judiciary in Guardianships held on October 20, 2009 at the Guardianship Association of New Jersey's 14th Annual Conference at the Holiday Inn, Edison, New Jersey. Shirley B. Whitenack, Esq was a speaker at the 2009 Special Needs Trusts National Conference being held by Stetson University College of Law in St. Pete Beach, Florida October 15 -16, 2009. She addressed Special Needs Settlement Planning: The Critical Need for Early Intervention by the Special Needs Trust Attorney as well as the Basics of Drafting and Administering Third-Party Special Needs Trusts. Gary Mazart, Esq. presented a certified continuing education program on "NJ Elder Law Planning" to the Union County CPA Society on Tuesday, October 6, 2009. Gilbert S. Leeds, Esq. participated in a speaker/panel at the annual meeting of the New Jersey Mutual Insurance Company Association being held at Bally’s, Atlantic City, New Jersey held on September 17, 2009. Mr. Leeds discussed recent case law developments in personal insurance lines. Shirley B. Whitenack was a keynote speaker at Plan/NJ's 20th Anniversary Celebration held on October 1, 2009 at the Law Center, New Brunswick, New Jersey. Edward W. Ahart, Esq., Gilbert S. Leeds, Esq. and Jeffrey T. LaRosa Esq. attended the 2009 State Convention of the Independent Insurance Agents and Brokers of New Jersey at Crystal Springs, New Jersey on October 4th and 5th, 2009. Mr. Ahart, served on the panel and made a presentation entitled; "The Demon Exchange ... A look at What Haunts Independent Agencies and Strategies for Fixing It". Shirley B. Whitenack was a speaker on the topic of Income Only Trusts at the Pennsylvania Bar Institute’s Annual Elder Law Institute on July 23-24, 2009 in Harrisburg, Pennsylvania. Shirley B. Whitenack, Esq. gave a presentation on August 4, 2009 on Special Needs Trusts to Metdesk specialists in Bridgewater, New Jersey. Shirley B. Whitenack, Esq., was a co-presenter on the topic of Personal Care Contracts at the 12th Annual Elder and Disability Law Symposium on July 15, 2009 at the Law Center, New Brunswick, New Jersey. Wynne A. Whitman, author of “Shacking Up—The Smart Girl’s Guide to Living in Sin Without Getting Burned” (Broadway Books, March 2003), “Wants, Wishes, and Wills—A Medical and Legal Guide to Protecting Yourself and Your Family In Sickness and In Health” (Financial Times Press, May 2007), and "Smart Women Protect Their Assets" (Financial Times Press, December 2009), was the keynote speaker at an exclusive lunch seminar sponsored by Glenmede Trust on June 5, 2009 at The Beacon Hill Club, Summit, NJ. Sidney A. Sayovitz was a speaker at the June 2, 2009 New Jersey School Boards Association Spring Law Forum held in East Windsor, New Jersey on June 2,2009. The topic was "Developments in First Amendment Rights to Students: Facebook, My Space, Twittering, etc." Frank M. Coscia was the moderator of the Insurance Law Section Seminar at the NJSBA Annual Meeting and Convention held in Atlantic City, NJ on May 14, 2009. Michael G. Serafino was recently elected to a leadership position in the Construction Law Section of the New Jersey State Bar Association. Mr.Serafino was named to the position on May 14,2009 at the Bar Association's Annual Meeting and Convention in Atlantic City and will serve a two-year term as co-Secretary. Shirley B. Whitenack was presented with a Distinguished Service Award by the New Jersey State Bar Association's Elder & Disability Law Section at its Retreat at the Seaview Marriott in Galloway, New Jersey on April 23, 2009. On March 25, 2009, Shirley Whitenack gave a presentation on Special Needs Trusts for Metdesk specialists in Tampa, Florida. On March 5, 2009, Shirley Whitenack co-presented a telephonic seminar for the National Academy of Elder Law Attorneys on the topic of "The Use of Annuities in Medicaid Planning." On February 28, 2009, Meredith L. Grocott gave a presentation entitled "Legal and Financial Considerations in Caregiving" at the Morris County Caregiver Conference sponsored by the Alzheimer's Association Roy J. Evans was welcomed as the incoming President of the Morris County Bar Association at the Morris County Bar Association Annual Installation Dinner on January 14, 2009.
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