Guardianships and Medicaid Planning – Video 1 On June 15, 2021, I participated in the 2021 Elder Law College given by the New Jersey Institute for Continuing Legal Education via ZOOM videoconference webinar. I presented a paper and discussed Medicaid planning in the contest of guardianships in New Jersey. Medicaid planning involves the strategic transfer.. read more →
A few months prior to his death in 2008, the decedent executed a codicil to his will, in which he appointed the defendant as executor of his estate, and included the defendant as a beneficiary. The defendant-executor was a relative of the decedent, and a New Jersey attorney. In 2011, a beneficiary of the estate.. read more →
Annie Rost died in 2018, leaving four surviving children. Her Last Will and Testament left her sizeable estate to her four children and to various charities. It also contained an “in terrorem” provision that excluded any beneficiary from a share of the estate if they contested the will: Any beneficiary under this, my Will, who.. read more →
No, it’s not a topic you usually talk about. Death is not a topic most people want to discuss, but funerals, cremations, and end-of-life medical costs today are surprisingly expensive and can result in a large bill for survivors. Thanks to the researchers at Self. Inc., we have data about the average cost of dying.. read more →
The Internal Revenue Service (IRS) has announced that the tax deduction for medical expenses includes amounts spent on face masks, hand sanitizer, sanitizing wipes and related equipment, as long as the primary purpose for the purchase was to prevent the spread of COVID-19. Specially, the IRS announcement states that: [A]mounts paid for personal protective equipment,.. read more →
Top Ten Most Popular Blog Posts on the VanarelliLaw Blog in 2020
Listed below are the top ten (10) thirteen (13) posts on the Vanarelli Law Office blog with the highest readership in 2020, as measured by the number of “unique page views” of each blog post. The title of each article is hyperlinked to the original posting on the blog so that each article is accessible.. read more →
Under Section 728 of Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (TURCA), federal tax refunds received after December 31, 2009 are not treated as income or resources (for a period of 12 months after receipt) for purposes of determining eligibility for all federal or federally-assisted programs, including Medicaid and the Children’s.. read more →
(The BiFocal e-newsletter is a publication of the ABA Commission on Law and Aging. In a recent BiFocal e-newsletter, the ABA Commission published the following guidance on defensive practices that may be used to prevent misuse of a power of attorney, such as careful selection of agents, drafting in oversight and accounting, and limiting powers… read more →
Although a Medicaid lien on the proceeds of a settlement in a personal injury action was satisfied before the net settlement funds were transferred to a Special Needs Trust (SNT), the State is not precluded from seeking upon the death of the SNT beneficiary repayment of Medicaid expenditures made on the beneficiary’s behalf after the creation.. read more →
PowerPoint Slides on Protecting your Assets from the Catastrophic Costs of Nursing Homes and other Long-Term Care Facilities
On October 15, 2020, Attorney Donald D. Vanarelli, Esq. presented a live Webinar in which attendees learned how to Protect their Assets from the Catastrophic Costs of Probate, Long-Term Care and Nursing Home Expenses. Webinar Topics Included: Care options and typical costs of care in New Jersey in various settings. How to qualify for government.. read more →
The estate tax is a tax on your right to transfer property at your death. The estate tax is computed based on the value of everything you own or have an interest in at the time of your death. In contrast, the federal gift tax is payable if you give someone money or property during.. read more →
Donald D. Vanarelli, Esq. Will Present At The 22nd Annual Elder And Disability Law Symposium
22nd Annual Elder And Disability Law Symposium The COVID Cloud: Pandemic Practice Tips for the Elder Law and Special Needs Practitioner Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 22nd Annual Elder and Disability Law Symposium to be held via ZOOM Webinar on December 1, 2020 by the New Jersey State Bar Association Elder.. read more →
IRS Issues Final Regulations For Achieving A Better Life Experience (ABLE) Accounts
The Internal Revenue Service issued final regulations this month providing details about how Achieving a Better Life Experience (ABLE) accounts should operate. ABLE accounts are designed to help people with disabilities and their families save up to $100,000 without risking eligibility for Supplemental Security Income (SSI) and other government benefits based on financial need. Medicaid can.. read more →
October 18-25 is National Estate Planning Awareness Week. National Estate Planning Awareness Week was adopted in 2008 to help the public understand what estate planning is and why it is such a vital component of financial wellness. The House of Representatives, in House Resolution 1499, named the third week in October of each year as.. read more →
Upcoming FREE Webinar Learn How to Protect Your Assets from the Catastrophic Costs of Probate, Long-Term Care and Nursing Home Expenses Date: October 15, 2020 at 4:00 PM Eastern Time (expected to last approximately 2 hours, depending on Q & A) Attorney Donald D. Vanarelli, Esq. will present at the Live Webinar. Don is a.. read more →
Judgment Against Adult Child Who Served As Her Mother’s Power Of Attorney And Executrix Affirmed On Appeal
Christine D. Cenaffra (decedent) had six children, two of whom were the parties in this lawsuit. Diane Cenaffra was the plaintiff, and her sister Patricia Stollenmaier was the defendant. Decedent died in 2015. Her Last Will and Testament named defendant as the executrix. Defendant also was her mother’s power of attorney (POA). Decedent resided with.. read more →
Many VA Medical Centers across the country are re-opening their doors and expanding services. To ensure the protection of both patients and staff, the VA’s Office of Information and Technology launched the COVID-19 digital pre-entry screening tool. The digital pre-entry screening tool allows Veterans, caregivers, and employees to answer questions on their mobile phones and share their.. read more →
The New Jersey Director of Medicaid approved the transfer of an applicant’s home to a “caregiver child” who worked full-time because the applicant qualified medically for comprehensive home-based services under the Medicaid program. A.H. v. Bergen County Board of Social Services, OAL DKT. NO. HMA 09215-19 (June 26, 2020) When she was 92 years old,.. read more →
An Ohio appeals court dismissed a nursing home’s lawsuit to recover a resident’s unpaid fees from his son who signed an admission agreement as his father’s agent under a power of attorney. Village at the Greene v. Smith (Ohio Ct. App., 2d, No. 28762, August 14, 2020). On June 22, 2018, Robert Smith (“the father”) granted.. read more →
Millions of Americans manage money or property for a loved one who’s unable to pay bills or make financial decisions. To help financial caregivers, the Consumer Financial Protection Bureau, or the CFPB, worked closely with the American Bar Association Commission on Law and Aging to prepare four (4) consumer guides: Help for agents under a.. read more →
Millions of Americans manage money or property for a loved one who’s unable to pay bills or make financial decisions. To help financial caregivers, the Consumer Financial Protection Bureau, or the CFPB, worked closely with the American Bar Association Commission on Law and Aging to prepare four (4) guides: Help for agents under a power.. read more →
Members of the military may qualify for special tax benefits. For instance, they don’t have to pay taxes on some types of income. Special rules could lower the tax they owe or allow them more time to file and pay their federal taxes. Here are some of these special tax benefits: Combat pay exclusion: If.. read more →
Vanarelli & Li, LLC has been working hard to continue serving you during the Coronavirus (COVID-19) crisis. Many clients have limited access to their important planning documents and must create new ones. We have created new processes to assist our clients in a time when we are forced to socially distance ourselves and work in.. read more →
The decedent, Virginia Ogborne, executed a 2016 will leaving her estate to two of her sons, including David, who she named executor. She left only a nominal bequest to another son, James. After James filed a caveat to the will, David filed an Order to Show Cause to strike the caveat and admit the will.. read more →
Many guardians are wondering how the COVID-19 pandemic will impact their responsibilities. The National Guardianship Association, the American Bar Association Commission on Law and Aging, and the National Center for State Courts have worked together to develop a list of “Frequently Asked Questions” or FAQs. Throughout the list of FAQs, they have provided suggestions and.. read more →
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