Appearing Above, Left to Right: NAELA Board member Ron Landsman, Esq., CAP, who filed a brief for the Special Needs Alliance and argued the cause before the Court; NAELA member Donald Vanarelli, CELA, CAP, who represented Mr. Saccone and argued before the Court; and NAELA members Robert F. Brogan, CELA, CAP, and Dan Jurkovic, CELA,.. read more →
Court OKs Trusts for Disabled Kids of Cops and Firefighters For Plaintiff-Appellant Thomas Saccone: Donald D. Vanarelli (Law Office of Vanarelli & Li, LLC, attorney; Mr. Vanarelli and Whitney W. Bremer, on the brief). For Defendant-Respondent Board of Trustee of the Police and Firemen’s Retirement System: Melissa H. Raksa, Assistant Attorney General (John J. Hoffman,.. read more →
This was a contested guardianship case involving S.H., called “Sarah” by the court, a 28 year old incapacitated woman. The principal issue in the case was whether Sarah’s guardian should be her mother, B.H. (Barbara), who filed the guardianship action, or J.H. (Joan), Sarah’s adult sister. Joining Joan in opposing Barbara’s appointment were: Barbara’s ex-husband,.. read more →
There are different rules regarding the imposition and repayment of Medicaid liens prior to funding special needs trusts (as opposed to the imposition and recovery of Medicaid liens from estates of deceased recipients.(Notably, the lien rules are different in the context of institutional liens (see N.J.S.A. 30:4-80.1) and DDD services (see N.J.A.C. 10:7-6.1). The differences.. read more →
The 17th Annual Elder and Disability Law Symposium was held on September 17, 2014 at the New Jersey Law Center in New Brunswick, NJ. Thank you to the 144 who attended the 17th Annual Symposium this year. As in past years, I gave the case law update at the opening plenary session by summarizing the.. read more →
In In re Estate of DeFrank, 433 N.J. Super. 258 (App. Div. Nov. 15, 2013), a New Jersey appeals court reversed a trial court’s summary judgment dismissal of a case involving ownership of joint bank accounts. The Appellate Division reasoned that ownership turned on the intent of the decedent and the relationship of the parties,.. read more →
In Estate of William Strohmenger, 2013 N.J. Super. Unpub. LEXIS 2651 (App. Div. Oct. 31, 2013), the decedent left a handwritten will leaving his estate to his minor son, in trust, and nothing to his estranged wife. After his sister sought to admit the holographic will to probate, the estranged wife filed a caveat objecting.. read more →
(In the midst of my oral argument before the New Jersey Supreme Court held on February 4, 2014 on behalf of Thomas Saccone. A video of the entire oral argument can be found on my website here.) Reversing contrary decisions by lower courts and administrative agencies, the New Jersey Supreme Court ruled that the disabled.. read more →
In Salvemini v. Spector, 2013 N.J. Super. Unpub. LEXIS 2942 (App. Div. Dec. 13, 2013), certif. denied, 217 N.J. 303 (2014), the Appellate Division rejected a legal malpractice claim filed by sons against their father’s estate planning attorney. When widower Mr. Salvemini contemplated remarriage, he and his sons went to attorneys Spector & Dimin, who.. read more →
A court of appeals in New Jersey reinstated a legal malpractice lawsuit, finding that the defendant law firm owed a duty of care to explain the terms of an agreement to a client even though they were unambiguous and the client was a sophisticated businessman who personally negotiated the agreement without assistance from defendant. Cottone.. read more →
Gifts made during the Medicaid look-back period result in a penalty, or period of ineligibility, unless the applicant can prove that the gifts were made exclusively for some purpose other than to qualify for Medicaid. S.L. v. Division of Medical Assistance and Health Services, Docket No. A-3520-11T4 (App. Div., September 2, 2014) In December 2009,.. read more →
In A.H. v. Division of Medical Assistance and Health Services, 2014 N.J. Agen. LEXIS 91 (OAL Dkt. No. HMA 00531-13, Jan. 27, 2014), fifteen months elapsed between the assisted living facility resident’s application for Medicaid benefits under the “Global Options” program and the formal denial of the claim. During this time, in which there were.. read more →
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