The top 10 elder law and estate planning decisions published by ElderLawAnswers over the past year, as measured by the number of unique pageviews each article received, appear below, with cases listed in chronological order.
1. Savings Bonds’ POD Designation Excludes Them From Estate
The Supreme Court of New Jersey affirmed the appellate court’s decision to overturn the trial court’s decision regarding the ownership of federal savings bonds after the death of the owner of the bonds. In the Matter of the Estate of Michael D. Jones, deceased (N.J. No. 088877, January 27, 2025).
2. Lack of Relevant Evidence Sinks Testamentary Capacity Appeal
The Maine Supreme Judicial Court upheld the probate court’s order of summary judgment after determining that there is no genuine issue of material fact regarding the testatrix possessing the requisite testamentary capacity when she executed her will. In re. Estate of Patricia M. Spofford (Me. No. 2025 ME 15, February 11, 2025).
3. Restraining Order Against Trust and Estate Attorney Affirmed
The California Court of Appeals affirmed the trial court’s restraining order against the appellant under the Elder Abuse Act, ruling that no adjudication of the elderly victim’s incompetence was required for such an order to be entered, and substantial evidence supported the order. Herren v. George S., A171257 (Cal. Ct. App. Mar. 3, 2025).
4. Law Banning Fees for Veterans’ Claims Implicates Free Speech
The Third Circuit Court of Appeals vacated and remanded the federal district court’s denial of a preliminary injunction sought by the appellants to halt enforcement of a New Jersey statute that prohibited anyone from receiving compensation for helping Veterans submit claims for benefits except as allowed under federal law and for any services rendered before an appeal to the Board of Veterans’ Appeals. Veterans Guardian VA Claim Consulting LLC v. Platkin, No. 24-1097 (3rd Cir. Apr. 1, 2025).
5. Survivorship Claims Are Estate Assets Subject to Medicaid Lein
The New Jersey Superior Court, Appellate Division, affirmed a lower court’s ruling denying the application of a Medicaid recipient’s estate to extinguish the state Medicaid agency’s lien against the estate, holding that a survivorship claim was an asset of the estate and could be subject to a lien under the estate asset statute. In re Estate of Leonor R. Dizon, No. A-1724-23 (Apr. 8, 2025).
6. Plaintiffs Had Standing to Assert Unlawful Estate Recovery
The United States District Court for the Southern District of Ohio denied the defendants’ motion for judgment on the pleadings, finding that the plaintiffs had met all of the legal requirements to establish Article III standing. Plaisted v. Harper, No. 1:24-cv-634 (S.D. Ohio May 13, 2025).
7. Agent Under POA Liable for Breach of Fiduciary Duties
The Pennsylvania Superior Court reversed the orphan’s court’s decree, finding that it had erred and abused its discretion in confirming the account of the decedent’s agent under a power of attorney (POA) and imposing a surcharge against the agent only for an amount owed to the decedent’s nursing facility where the administrator of the decedent’s estate presented uncontested evidence that the agent had breached the fiduciary duties she owed to the decedent by depleting the decedent’s accounts without explanation. In re Beam, No. 768 EDA 2024 (Pa. Super. Ct. July 1, 2025).
8. Trust Formed Under Springing POA Void When Condition Not Met
The Kentucky Court of Appeals affirmed a circuit court’s ruling that a trust agreement created under the authority of a power of attorney (POA) was void ab initio. Doolin v. Owen, No. 2023-CA-1457-MR, No. 2025-CA-0148-MR (Ky. Ct. App. July 18, 2025).
9. Beneficiary Who Accepted Trust Distribution Denied Appeal
The Kansas Supreme Court affirmed a court of appeal’s ruling that a beneficiary who had accepted a trust distribution pursuant to a district court’s order had acquiesced to the judgment and could not take an inconsistent position on appeal but reversed the court of appeal’s ruling denying the successor trustee’s request for appellate attorney fees, finding that the evidence supported an equitable award of those fees. Tharrett v. Everett, No. 125,999 (Kan. Aug. 8, 2025).
10. Recipient Clinically Ineligible for Medicaid Nursing Care
The New Jersey Superior Court affirmed the decision of the Division of Medical Assistance and Health Services (Division) that a recipient was no longer clinically eligible for nursing facility services under Medicaid. R.G. v. Div. of Med. Assist. & Health Serv., No. A-1766-23 (N.J. Super. Ct. Oct. 16, 2025).
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