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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:
Question:
“ Twenty-three of us were named beneficiaries of my uncle’s will. The executor is a cousin of the deceased. It has been five-and-a-half years since the death. There is a house involved, and it’s currently on the market, but we don’t know about any other assets. One cousin sent the executor a letter asking, but there was no response. Is five-and-a-half years enough time to settle up the estate?”
Answer from the Star Ledger:
“You may need to head to court to get information, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park.
“If the executor continues to be unresponsive to informal inquiries by the beneficiaries, the beneficiaries should hire an attorney to file an action in the Superior Court, Probate Part in the county where the will was probated to compel the executor to settle his or her account and distribute the assets,’’ Whitenack said.“
The entire column can be viewed at nj.com

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:
Question:
I am a named beneficiary in the will of a decedent who died in September 2009. I learned this by obtaining a copy of the will at the county courthouse. To date, I was never notified by the executor of the estate that I am a beneficiary:
How long does it take to process the will and distribute said monies to beneficiaries?
Answer from the Star Ledger:
“Could be this executor is slacking off, or more likely, he or she doesn’t know where to find you.
Within 60 days of the date of probate, an executor is required to mail a written notice to all named beneficiaries stating that the will was probated. The deceased person’s spouse, heirs and next of kin also are entitled to receive this notice even if they were omitted from the will, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park.
The notice of probate must contain specific information including the place and date of probate, the name and address of the executor and a statement that a copy of the will shall be provided upon request.
The executor must file a proof of mailing with the county surrogate within 10 days of mailing the notice,’’ Whitenack said. ‘‘If the names or addresses of the people entitled to notice are not known and cannot be determined through reasonable inquiry, then the executor must publish the notice of probate of the will in a newspaper circulated in the county where the will was probated naming those who may have an interest in the estate.’
As for timing, New Jersey law states the executor must settle and distribute as expeditiously and efficiently as is consistent with the best interests of the estate. That means there’s no set time frame.”
The entire column can be viewed at nj.com

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:
Question:
If a sibling is accused of undue influence by being present and helping to answer questions in front of a lawyer who drafted his mother’s will, is that enough to invalidate the signed will in court by another sibling?
Answer from the Star Ledger:
“The sibling’s presence to help answer questions posed by the lawyer who drafted the mother’s will is not in and of itself sufficient to invalidate a will, said Shirley Whitenack, an estate planning, an estate planning attorney with Schenck, Price …. ‘Undue influence is the mental, moral or physical coercion to have the person who is signing the will do something that is contrary to what that person normally would have done,’ she said. In essence, the ‘influencer’ destroys the free will of the person signing the will. When undue influence has been exercised, the will reflects the wishes and desires of the ‘influencer’ rather than the person signing the will. Undue influence is usually secretive and is exercised over people who are dependent upon the influencer or who are physically or mentally feeble, Whitenack said. For this reason, when a person who has been accused of undue influence has a confidential relationship with the person signing the will, the burden shifts to the person accused of exercising undue influence to prove that there was no undue influence. ‘A confidential relationship is often presumed to exist between a parent and child,’ she said. ‘The person accused of undue influence must demonstrate to the satisfaction of the court that the will reflects what the mother wanted to do.’ If the lawyer represented the sibling before the mother signed the will, the burden of proving that there was no undue influence may be more difficult.”
The entire column can be viewed at: nj.com

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.