Parents who abuse, abandon, neglect or cause the death of their children will be ineligible for alimony and for inheritance benefits from their children’s estates, under a new state law signed by Gov. Jon Corzine on April 17 that takes effect in July. The new law amends N.J.S.A. 2A:34-23 to deny alimony to a person.. read more →
A national assisted living company broke its promises to elderly New Jersey residents by throwing them out after allowing them to believe they could convert to Medicaid when their life savings were depleted, a report by the state’s Public Advocate has determined. The report concludes that regulations in New Jersey and around the country are.. read more →
As many Social Security Disability Insurance (SSDI) recipients already know all too well, there is currently a two-year waiting period from the day their applications are approved until they can begin receiving Medicare benefits. This policy forces people with disabilities to either find another form of health insurance (sometimes through Medicaid, if they qualify), or.. read more →
Founders of the Elder Mediation Center of New Jersey (EMCNJ) will present a program entitled “Elder Mediation: An Ethical Approach,” at the ABA’s Section of Dispute Resolution Spring Conference to be held in New York City on April 16th. A summary of the EMCNJ’s session follows: Elder Mediation: An Ethical Approach Elder mediation is designed.. read more →
The Elder Mediation Center of New Jersey invites you to explore the practice of Elder Mediation. This program is designed for professionals engaged in the field of aging,including geriatric care managers, social workers, discharge planners, case managers, attorneys and mediators. We will demonstrate how our unique method of Alternative Dispute Resolution is a valuable resource.. read more →
It is well known that the vast majority of America’s 2.6 million children with special needs will need costly care long after their parents have passed away. However, a new study from Hartford Financial Services has found that three in five (62%) parents of children with special needs have no plan to cover the cost.. read more →
I achieved a milestone a few posts ago. On April 1, 2009, I wrote my 200th blog post, found here – https://vanarellilaw.com/2009/04/01/intentionally-omitting-children-from-your-will/. HOO-RAY. I wrote my first blog post less than one year ago, on April 21, 2008, and got to my 100th blog post about 7 months later, on November 28, 2008, when I.. read more →
Linda H. Davis wrote an April 4th column in the Washington Post that a tidal wave of autistic children will be entering adulthood over the next 15 years, numbering more than 380,000 people. They will need extensive adult services, including housing, day programs, transportation to and from social programs and jobs, more-than-average medical care, supervision.. read more →
President Bush’s tax cut law passed in 2001, called the Economic Growth and Tax Relief Reconciliation Act of 2001, Pub.L. 107-16, 115 Stat. 38, June 7, 2001 (hereafter “EGTRRA”) gradually phased out the estate tax by raising the exemption level and reducing the top rate; in 2009, only estates valued at more than $3.5 million.. read more →
On February 14, 2009, I blogged about the decision of the administrative law judge in the E.C. vs. Division of Medical Assistance and Health Services case. In the E.C. case, the ALJ reversed a decision denying Medicaid benefits to a developmentally-disabled woman in a nursing home whose parents had established testamentary trusts in their wills.. read more →
In the 2006 Lewis v. Harris decision, the New Jersey Supreme Court held that, although same-sex marriage is not a right guaranteed under the New Jersey Constitution, the equal protection principles of our Constitution guarantee same-sex couples the same “right to and the rights of” marriage. 188 N.J. 415, 442 (2006). Finding that the Domestic.. read more →
A bill that would create tax-deferred savings accounts for people with special needs has been introduced in the House and Senate. If passed, the new legislation would allow family members, friends, or a person with special needs to place up to $500,000 of funds into an “ABLE” (Achieving a Better Life Experience) account that functions.. read more →
If a client chooses not to leave his estate equally to his heirs, or even to disinherit one or more of the children from any distribution of estate assets, the client’s estate attorney can take steps now to minimize the risk of a future challenge to the will. Such challenges usually involve claims that the.. read more →
The battle for a secure retirement is about to get even tougher. Several new surveys of company executives show that they plan to reduce or suspend their company’s retirement-plan contributions this year. Dozens of employers in the past year have already slashed such costs. The trend means one important thing for workers: smaller nest eggs,.. read more →
Under the veterans’ compensation benefits system, a veteran, a veteran’s dependents or a veteran’s survivors are required only to submit a “plausible claim” for an entitlement to VA benefits. Once a plausible claim has been submitted, the burden to fully and completely develop evidence to support that claim lies with the Department of Veterans Affairs.. read more →
On February 17 and 18, 2009, the Social Security Administration (SSA) issued a series of eight Social Security Rulings clarifying and updating the SSA’s process for determining childhood disability under the “functional equivalence” rule. The functional equivalence rule is used to determine if a child meets the SSA’s definition of “disabled” when a child does.. read more →
On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act (aka the stimulus bill). This law provides for a one-time economic recovery payment of $250 to most Social Security, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) beneficiaries who were eligible under the programs during November or December.. read more →
Highly regarded Certified Elder Law Attorney among just five percent of lawyers in state to be recognized with prestigious professional designation. Donald D. Vanarelli, Esq., with offices at 242 St. Paul Street, Westfield, NJ, has been selected as a “New Jersey Super Lawyer” in the areas of Elder Law and Estate Planning in 2009. Mr… read more →
Over the past several years, nursing homes have become dumping grounds for young and middle-age people with mental illness, according to Associated Press interviews and an analysis of data from all 50 states. And that has proved a prescription for violence, as Jackson’s case and others across the country illustrate. Younger, stronger residents with schizophrenia,.. read more →
According to a recent report by the Government Accountability Office, shrinking staff levels, a dramatically increasing workload and more complicated disabling impairments will lead to an exploding backlog of claims for social security retirement and disability claims. Staffing in Social Security field offices dropped 4.4 percent from 2005 to 2008. The agency also estimates that.. read more →
Earlier this month, the state Senate approved, by a vote of 21-14, bipartisan-sponsored legislation that would require all palimony agreements to be in writing and signed in order to be enforceable. The bill, s-2091, amends N.J.S.A. 25:1-5, which already requires that prenuptial agreements be put into writing. The bill is intended to overturn recent “palimony”.. read more →
The Pew Research Center’s Project for Excellence in Journalism, a nonpolitical, nonpartisan research institute, recently published its Sixth Annual Report on the State of the News Media in the United States. The Project editor called it “the bleakest report ever issued.” I found the report fascinating. I grew up reading newspapers, and still subscribe to.. read more →
Congratulations to my colleague, Deirdre Wheatley-Liss, on being chosen as one of New Jersey’s 50 Best Women in Business by NJBIZ magazine. Here is a press release about the achievement. I know of at least three of Deirdre’s achievements: she has earned an LLM in taxation from NYU (wow), she has been board-certified as an.. read more →
In January 2009, the U.S. Court of Appeals for the Sixth Circuit disbarred an attorney who backdated a deed for Medicaid planning purposes and engaged in self-dealing. in-re-cook (U.S. Ct. App., 6th Cir., No. 08-3026, Jan. 6, 2008). In 2001, Ohio attorney Linda S. Cook assisted an elderly woman with estate and Medicaid planning. The woman.. read more →
A Union County judge has ordered life support resumed for a patient who has been in a vegetative state for 14 months, restraining a hospital from taking it upon itself to discontinue or suspend treatment, and rejecting arguments that public health considerations take precedence over the patient’s family’s wishes. Ruben Betancourt has been unconscious since.. read more →
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