Below, in chronological order, is the annual roundup of the top 10 elder law decisions in the U.S. for the year just ended, as measured by the number of “unique page views” of the summary of each case found on the ElderLawAnswers website. ElderLawAnswers is a web-based resource available for those in the public seeking information on.. read more →
Many public benefit programs are adjusted annually after receiving a cost-of-living, or COLA, increase. Following are the increased benefit amounts of selected public benefit programs Including the 2018 COLA adjustment. Social Security There will be a 2.0% COLA increase for Social Security benefits. Maximum Social Security benefit for a single individual retiring at full retirement.. read more →
The House Republicans tax proposal introduced today ends the Medical Expense Deduction. This change will cause major harm to individuals and families trying to pay for the catastrophic costs of long-term services and supports (LTSS). About half (52%) of Americans turning 65 today will develop a condition that requires LTSS. Individuals needing LTSS are those.. read more →
2017 Elder and Disability Law Symposium ‘Elder and Disability Law Update’ to be presented by leading NJ Elder Law and Estate Planning Attorney, Donald D. Vanarelli, Esq. Westfield, NJ – October 15, 2015 — Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will participate in the New Jersey Institute for Continuing Legal Education’s 20th Annual Elder and Disability.. read more →
A court in Australia accepted an unsent, draft text message on a mobile phone as an official Last Will and Testament. Nichol v. Nichol The decedent, Mark Nichol, a 55 year old man, committed suicide in 2016. The decedent’s mobile phone was found on a work bench in the shed where the deceased’s body was found.. read more →
In this will contest, plaintiffs were named as residuary beneficiaries in the Last Will and Testament which the decedent, Charles W. Winter, Jr., executed in 1999. Plaintiffs were all cousins of the decedent. The three defendants also shared close personal and/or family relationships with the decedent. In a new Last Will and Testament executed on.. read more →
On September 13, 2017, Governor Christie signed legislation known as the “Uniform Fiduciary Access to Digital Assets Act.” In doing so, New Jersey joined 23 other states which have already have enacted a version of the law. The new law recognizes a fiduciary’s right to control a decedent’s digital assets. Under the new law, a.. read more →
A U.S. district court ruled that a group of Medicaid applicants do not have a private right of action to sue the state for not issuing Medicaid eligibility determinations with 45 days and that the applicants were not denied due process by the delay. Evangelical Lutheran Good Samaritan Society, Inc. v. Randol (U.S. Dist. Ct., D… read more →
Following Alice Malsberger’s death, her niece by marriage, Patricia White (the plaintiff in this lawsuit) found a handwritten document in Alice’s kitchen. It read: I’m Alice Malsberger – I wish to be cremated upon my death – along with my husband Joe – our ashes placed in a similar (illegible) and placed in mausoleum. I.. read more →
In this case, the Division of Medical Assistance and Health Services (DMAHS), New Jersey’s state Medicaid agency, affirmed the denial of a Medicaid application filed by Grace M. Vinci (G.V.) by the Monmouth County Division of Social Services (MCDSS) finding that G.V. had resources in excess of $2,000 available to her, namely, resources contained in.. read more →
The testator, Harold Becker, executed a Last Will and Testament leaving his estate to his youngest son, Brandon (the child of the Mr. Becker’s second marriage), to the exclusion of his older sons, Scott and Stuart (the children of his first marriage). Mr. Becker’s will appointed his second wife (the couple were divorced but later.. 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 →
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 →
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 →
New Jersey lawmakers reached an agreement on Friday, September 30th which, among other things, will phase out New Jersey’s state estate tax. The New Jersey estate tax exemption, presently $675,000, will increase to $2 million after January 1, 2017. The estate tax will then be eliminated after January 1, 2018. An official vote on an 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 →
In 1992, Ann Mark created two irrevocable trusts for the benefit of her three children. In 1997, Jared Scharf became the successor trustee for the trusts, and used some of those assets to form a separate trust for each of Ms. Mark’s three children. Each of the trusts stated that they were governed by New.. read more →
When Helen Weste died in 2010, she was divorced with no children. In 1994, she had executed a will leaving her estate to charities and nieces and nephews. In 2001, Helen’s health began to fail. In April 2002, family members contacted her ex-husband (who was agent under her power of attorney), and he flew in.. read more →
In a recent opinion, an appellate court in Minnesota held that county officials were not liable for incorrectly telling a Medicaid applicant that his estate would not be subject to a Medicaid lien because the applicant could have hired a lawyer to learn the correct information. Benigni v. St. Louis County (Minn. Ct. App., No. A15-1154, June.. read more →
The decedent, Keith R. O’Malley, was the father of two children from two different relationships. His minor son, E.L., resided with E.L.’s mother in New York, although O’Malley was a New Jersey resident. O’Malley, who was financially successful, died unexpectedly at the age of 36. In 2008, O’Malley and E.L.’s mother had entered into a.. read more →
The decedent, Evelyn Berry, had been married twice. At the time of her death, the two children of her first marriage (Darryl and Tara) were adults. The two children of her second marriage (Garrett and Brook) were minors. Evelyn’s will included a testamentary trust for the maintenance, support and education of Garrett and Brook. Darryl.. read more →
Vanarelli & Li, LLC provides Special Needs Trusts and Disability Planning Attorney Services throughout the State of New Jersey. See: https://vanarellilaw.com/special-needs-disability-planning/ Elder Law topics covered in this video include Guardianships, Conservatorships, Power of Attorney, Representative Payeeships (SSA and SSI), Joint Tenancies (including joint bank accounts), Advance Medical Directives (living wills), Do Not Resuscitate (DNR).. read more →
In an appeal from a trial court’s decision to reduce the counsel fees sought by a litigant, the appellate division ruled that counsel fees, awarded to both proponent and contestant in a will dispute at the discretion of the trial court, are disturbed on appeal “only on the rarest of occasions.” In re Estate of Riordan,.. read more →
In re Trusts for Stefanidis-Perez is a consolidated case involving two trusts in which the plaintiff is the beneficiary and the defendant (plaintiff’s mother) is the trustee. The plaintiff-beneficiary moved for partial summary judgment seeking to compel an accounting and seeking the removal of the defendant-trustee, and the defendant-trustee cross-moved for summary judgment for advice.. read more →
When you sell a capital asset, the sale normally results in a capital gain or loss. A capital asset includes most property you own for personal use or own as an investment. Here are 10 facts that you should know about capital gains and losses: Capital Assets. Capital assets include property such as your home.. read more →
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