Plaintiff, Disability Rights New Jersey (“DRNJ”) filed a lawsuit in federal district court in Newark, NJ against defendant Jennifer Velez in her capacity as Commissioner of the New Jersey Department of Human Services (“DHS”). DHS is a state agency that provides medical care and assistance programs for economically disadvantaged or disabled residents of New Jersey… read more →

(This is the first of a 4-part blog post on the subject of the assignment of various types of income to a special needs trust. The upcoming posts discuss the assignment of alimony, child support, annuities, IRAs and other retirement benefits to a special needs trust. This first post discusses the public policy background of.. read more →

22 Sep 2011
September 22, 2011

Dying Intestate

Estate Planning, Intestacy 0 Comment

Most people die without having executed a valid Last Will and Testament. Among the factors cited for the decision not to execute a will are: the legal fees associated; the reluctance to confront one’s own mortality; a general distaste of lawyers; the belief that a will is only necessary for those with large estates; and.. read more →

The most enduring innovations marry art and science. To create the future, you can’t do it through focus groups. Never fear failure. You can’t connect the dots forward – only backward. Listen to that voice in the back of your head that tells you if you’re on the right track or not. Expect a lot.. read more →

In Sable v. Velez, applicants were denied Medicaid because of promissory notes owned by the applicants. Each note was properly signed, and contained a specified interest rate and repayment schedule.  Medicaid found the promissory notes to be countable after determining that the notes qualified as a “trust-like device.” In their suit in federal court under.. read more →

The Director of New Jersey Medicaid recently decided that, when a couple is institutionalized, the resources of the couple are not combined when determining Medicaid eligibility. Rather, the resources of each spouse must be considered separately.  Therefore, when only one spouse applies for Medicaid benefits and that spuse’s resources alone do not exceed the resource.. read more →

For most of her life, V.P. resided in her home with her adult son, R.P. V.P. suffered from many significant impairments, including spinal scoliosis and other degenerative diseases of the spine, hypertension, diabetes, gastroesophageal reflux disease, anxiety, and frequent urinary tract infections. As a result of her poor health, V.P. relied upon her son R.P… read more →

11 Sep 2011
September 11, 2011

In Memoriam: September 11th

In Remembrance 0 Comment

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The Law Office of Vanarelli & Li, LLC offers alternatives to the litigation of family conflicts through the use of Mediation and Collaborative Law. We specialize in Estate and Elder Mediation, a specialized form of mediation to help elders, the disabled and their families resolve conflict. In resolving issues that confront divorcing couples, we offer.. read more →

A New Jersey appeals court held that a Medicaid applicant who transferred money to her daughter and then a few months later received a life estate in her daughter’s home made a gift to the daughter rather than engage in a bona fide transaction involving the purchase of a life estate, resulting in the imposition.. read more →

Last month, the Standing Committee on Ethics and Professional Responsibility of the American Bar Association (ABA) issued two new ethics opinions clarifying an attorney’s duty to protect confidential client information when email, text messages or other electronic communications are sent or received. ABA Formal Ethics Opinion 11-459, issued on August 4, 2011, is entitled “Duty.. read more →

Below I’ve listed the top 6 articles on the Vanarelli Law Office Blog and Website in August 2011. Mediator Malpractice In New Jersey Disqualifying Opposing Counsel In A Lawsuit Involving Abuse Of A Power of Attorney The Legitimate Use of Personal Services Contracts in Long-Term Care Planning Medicaid Liens and Estate Recovery in New Jersey.. read more →