The decedent, Kathryn Parker Blair, had executed a will bequeathing her estate to her siblings and directing that, if any of her siblings predeceased her, that sibling’s share would pass to his or her surviving children. After the death of the decedent’s brother, the decedent executed a new will omitting the brother’s child (“petitioner”) as.. read more →

In Old Bridge Funeral Home v. Pruckowski , the Mrs. Pruckowski died leaving a Last Will and Testament. Her Will expressly omitted any provision for her three children. Other than a car, which she left to her nephew, Mrs. Pruckowski bequeathed her estate to charity. She appointed her brother as Executor of her modest estate… read more →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the “Lawyer’s Guide to Veteran and Military Law” seminar given by the New Jersey Institute for Continuing Legal Education on April 25, 2017 at the New Jersey Law Center in New Brunswick, New Jersey. Mr. Vanarelli will provide an overview of pension benefits available through the Department.. read more →

The Appellate Division affirmed a summary judgment ruling by a trial court in a probate lawsuit involving disputed issues of material fact relating to alleged incapacity and undue influence. In the Matter of the Estate of Tornaben, New Jersey Superior Court, App. Div., Docket No. A-5181-14T4 (Sept. 27, 2016). The Essex County Surrogate admitted the.. read more →

A California court of appeals affirmed a jury award against the owner of a construction company who fraudulently induced a special needs trust trustee who was himself disabled to transfer title of the beneficiary’s family home to him, and that the conduct warranted punitive damages ten times the amount of compensatory damage award.  Haworth v… read more →

In Simonsen v Bremby(2d Cir., No. 16-204-cv, Feb. 15, 2017), the daughter/Medicaid applicant filed suit in federal court and sought a preliminary injunction barring Medicaid from imposing a penalty period as a result of trusts established for her benefit by her mother. The two third-party trusts were considered as available resources by Medicaid, and when.. read more →

Robert Grafer, Jr. was the executor of his mother’s estate. He and his sister Laura were Mrs. Grafer’s only children, and the estate was to be divided between them in equal shares. The probate estate was valued at approximately $237,000, including a house. Non-probate assets totaling $184,000 had been held by Robert and his mother.. read more →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 8th Annual Senior Lawyers Conference given by the New Jersey Institute for Continuing Legal Education on April 3, 2017 at the New Jersey Law Center in New Brunswick, New Jersey. Mr. Vanarelli will provide an overview of elder law planning in New Jersey, including a discussion.. read more →

The federal Nursing Home Reform Law was enacted in 1987, and became effective in October 1990. The Reform Law governs any nursing facility that accepts reimbursement from Medicare or Medicaid, and applies to all residents in any such facility, regardless of the individual resident’s payment source. In other words, the law applies whether the resident’s.. read more →

Most guardianship actions are not contested. The “typical” guardianship action proceeds as follows. Upon receipt of a filed Order Fixing Guardianship Hearing, the plaintiff must: Immediately serve the initial pleadings on the court-appointed attorney by personal service, certified mail, return receipt requested, or, if acceptable to the court-appointed attorney, via facsimile, email or regular mail… read more →

Powers of Attorney are common but often misunderstood estate documents in New Jersey and other states. A power of attorney is a legal document. When you sign a power of attorney, you appoint another person to serve as your agent (or “attorney-in-fact”). Legally, there are many duties and responsibilities imposed on an agent under a.. read more →

Last year, the National Senior Citizens Law Center (NSCLC), an important voice for low-income seniors for the past 43 years, launched a new name and tagline—Justice in Aging:  Fighting Senior Poverty Through Law. The focus of the organization continues to be advocacy and litigation to secure the rights of low-income seniors, and education and training of advocates.. read more →

The Centers for Medicare and Medicaid Services has released its SSI and Spousal Impoverishment Standards for 2017. SUPPLEMENTAL SECURITY INCOME (SSI) SSI Federal Benefit Rate for an Individual: $735.00 SSI Federal Benefit Rate for a Couple: $1,103.00 Substantial Gainful Activity (SGA) Limit: $1,170.00 (Blind SGA: $1,950.00) MEDICAID  Minimum Community Spouse Resource Allowance: $24,180 Maximum Community Spouse.. read more →

(On December 1, 2016, I moderated the first Advanced Special Needs Trust Symposium, an all-day event held at the New Jersey Law Center. In addition to moderating the panel of speakers, I also presented on the topic of the “Uses of Special Needs Trusts in Cases Involving Divorce.” Due to the length of my paper,.. read more →

(On December 1, 2016, I moderated the first Advanced Special Needs Trust Symposium, an all-day event held at the New Jersey Law Center. In addition to moderating the panel of speakers, I also presented on the topic of the “Uses of Special Needs Trusts in Divorce.” Due to the length of my paper, I divided.. read more →

On November 15, 2016, I presented at the Second Annual Caring for Caregivers Conference at the East Rutherford Community Center. The first section of my presentation focused on guardianship law in New Jersey, Public Benefit Basics, and the use of special needs trusts by parents of adult disabled children. The powerpoint slides from the first part.. read more →

East Rutherford’s Access for All Committee Hosts the Second Annual Caring for Caregivers Conference on Tuesday, November 15, 2016, from 5:30 to 8:00 p.m. at the East Rutherford Community Center. At the upcoming Caring for Caregivers Conference, caregivers will be provided with critical information and resources that support the needs of their special needs or.. read more →

President Obama has proclaimed November 2016 as National Alzheimer’s Disease Awareness Month. The President has called upon the people of the United States “to learn more about Alzheimer’s disease and support the individuals living with this disease and their caregivers.” Alzheimer’s disease is an irreversible, progressive brain disorder that slowly destroys memory and thinking skills.. read more →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2016 Elder Law College given by the New Jersey Institute for Continuing Legal Education on December 14, 2016 at the Crowne Plaza, located at 690 Route 46 East, Fairfield, New Jersey. Mr. Vanarelli will provide an overview of New Jersey law concerning guardianships and conservatorships. For.. read more →

Medicare’s annual open enrollment period runs from October 15 to December 7–the period when enrollees can shop for new coverage. Now is the time to review your options to determine if you should switch plans. During Medicare’s annual open enrollment period, you may (1) enroll in a Medicare Part D (prescription drug) plan; (2) change your Part.. read more →

A U.S. district court denied a preliminary injunction to a Medicaid applicant who sued New Jersey to prevent the state from denying benefits based on her dead husband’s assets. Flade v. Connolly (U.S. Dist. Ct, D. N.J., No. 16-4407, Sept. 23, 2016). Plaintiff, Eileen Flade, was a nursing home resident. On April 12, 2016, plaintiff applied for.. read more →

The plaintiff, Marjorie Fister, is the mother of defendant Kevin Edward Fister. In 2010, the defendant, along with his wife and four adult children, moved into plaintiff’s home with her. Mrs. Fister’s health declined and, in 2012, she moved into her daughter’s New York home. However, the defendant and his family remained in Mrs. Fister’s.. read more →

When he died in 2012, the decedent, retired physician Henry D. Rubenstein, left his insolvent estate to his second wife and her nephew. Although he and his second wife had a son, his will explicitly left no bequest to that son. The second wife claimed that the decedent’s extensive health problems had depleted the estate.. read more →

The decedent, Byung-Tae Oh, was a citizen and resident of the Republic of Korea. His youngest son, Hyung Kee Oh, owned B & H Consulting, a New Jersey limited liability company. Before his death, the decedent had transferred $900,000 into B & H’s bank account. Following the decedent’s death, his oldest son, Won Ki Oh.. read more →

A few months prior to her death, Basabadatta Pattanayak and her husband Sandeep Srinath executed a Marital Settlement Agreement. The Agreement included a section entitled “Equitable Distribution,” in which they divided their property and relinquished spousal support, and agreed that the husband would pay health insurance until the dissolution of the marriage. When the Agreement.. read more →