Aid and Attendance is a benefit that is available through the Department of Veterans Affairs (VA) to a qualifying veteran whose net worth is not “excessive” and who: is bedridden, or requires the aid of another person to perform activities of daily living, or is a nursing home resident, as a result of mental or.. read more →
A New York appeals court allowed a case for legal malpractice and breach of fiduciary duty to proceed against an attorney who charged more than $44,000 for Medicaid planning work to protect a net estate valued at about $130,000. Sobel v. Ansanelli, (N.Y. Sup. Ct., App. Div., 2nd Dept., No. 2011-11418, Sept. 19, 2012). In.. read more →
Medicaid is a joint federal and state program that provides a funding source to pay nursing home costs for elderly and disabled persons. The Medicaid program was created under Title XIX of the Social Security Act of 1965, codified in the U.S. Code, Title 42, Section 1396 et seq. New Jersey’s Medicaid regulations are found.. read more →
History What is generally thought of as Social Security is now contained in Title II of the Social Security Act (SSA). SSA was originally adopted in 1935 as part of New Deal legislation, which included old age benefits, unemployment benefits and workers’ compensation benefits. Added immediately after the SSA was passed was survivor’s benefits for.. read more →
New veterans are going online to find camaraderie or get their questions answered. Some websites utilized by new veterans follow: Community of Veterans: http://iava.communityofveterans.org Iraq and Afghanistan Veterans of America: http://iava.org Veterans Aid: http://www.veteranaid.org/ Veterans of Foreign Wars: http://www.vfw.org VFW Post 1: http://www.vfwpost1.org American Legion: http://www.legion.org Department of Veterans Affairs: http://www.va.gov VA Health Care: https://www.va.gov/health-care/.. read more →
A New Jersey appeals court recently affirmed a trial court judgment dividing the assets remaining in a supplemental needs trust established for a deceased adult child with special needs between the child’s parents even though the biological father was a “deadbeat dad,” paying no child support, contributing nothing to his daughter’s medical care and visiting.. read more →
Two New Jersey defense attorneys allegedly caused a paralegal to “friend” the plaintiff in a personal injury case so they could access information on his Facebook page that was not available to the public. The Office of Attorney Ethics (OAE) charged that the “friend” request, made “on behalf of and at the direction of” the.. read more →
I recently blogged about In the Matter of the Estate of Lillian Schmidt, a case that can be seen as a warning to potential plaintiffs seeking counsel fees in probate actions. On August 7, 2012, in In the Matter of the Alleged Will of Allan C. Schenecker, the Appellate Division issued another decision upholding the.. read more →
In a case that can be seen as a warning to potential plaintiffs in probate actions, the Appellate Division in In the Matter of the Estate of Lillian Schmidt, affirmed a Probate Part order denying counsel fees to the unsuccessful contestant in a probate litigation. In Schmidt, the defendant, John Teagno, who was the decedent.. read more →
Today, most states authorize the use of some form of psychiatric advance directive (PAD). PADs are similar to the more familiar “advance medical directive,” typically used in connection with end-of-life medical decision-making. An “advance medical directive” (also known as a “health care advance directive” or “instruction directive”) is a written statement made by a patient.. read more →
In a published opinion, the New Jersey Appellate Division took a further step away from requiring strict compliance with statutory formalities required for wills when it considered whether an unexecuted copy of a typed original will “sufficiently represents decedent’s final testamentary intent to be admitted into probate under N.J.S.A. 3B:3-3.” The court found that it.. read more →
In a landmark ruling released on Thursday, June 28, 2012, the United States Supreme Court upheld the constitutionality of the Patient Protection and Affordable Care Act (“Affordable Care Act”), President Obama’s health care overhaul passed in 2010. National Federation of Independent Business v. Sebelius, 567 U.S.___ (2012). Congress enacted the Affordable Care Act in order to.. read more →
Where an original last will and testament is lost or cannot be found upon the testator’s death, a photocopy of that will may be admitted to probate. In determining whether such relief is appropriate, “the key issue is whether the testator had the intent to revoke the missing will.” In re Estate of Schenecker, 2011.. read more →
In a recent precedential decision, the United States Court of Appeals for the Third Judicial Circuit held that laws passed by the State of Pennsylvania designed to regulate special needs trusts (SNT) which placed greater restrictions on the SNTs than were contained in federal law governing SNTs “transgress[ed] federal intent” and were preempted by federal.. read more →
Regulations governing the Social Security Administration (SSA) set forth a five-step sequential evaluation process for determining disability. As a result, every applicant who files a claim for disability benefits under both the Social Security and Supplemental Security Income (SSI) programs must meet the five requirements in the rules in order to be approved for benefits… read more →
The Social Security Administration (SSA) recently revised four sections of the Program Operations Manual System (POMS). The POMS is a primary source of information used by Social Security employees to process claims for Social Security and Supplemental Security Income (SSI) benefits. Most of the changes to the POMS sections were administrative in nature. However, the.. read more →
Under existing federal law, spouses who pass away can leave property of any value to their surviving spouses free of federal estate taxes. This is called the “unlimited marital deduction.” However, under the Defense of Marriage Act (DOMA), a federal law passed in 1996, marriage is defined as “only a legal union between one man.. read more →
The Department of Veterans Affairs’ (VA) pension program is intended to provide money benefits to wartime veterans in financial need. It is available to veterans aged 65 and older and those with non-service connected disabilities, as well as to their surviving spouses and dependent children. To be eligible for VA pension benefits, a claimant must.. read more →
An appeals court in New Jersey held that a nursing home resident’s adult child who signed a nursing home admission agreement as the “Responsible Party” can be sued in his/her individual capacity for monies owed to the facility for services rendered to the resident if the adult child fails to use the resident’s financial resources.. read more →
Last year, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled that “the VA’s failure to provide adequate procedures for veterans facing … delays in the delivery of mental health care violates the Due Process Clause of the Fifth Amendment [of the Constitution].” In addition, the Court found stark evidence.. read more →
Two types of taxes can be assessed against property that passes to your heirs after you die. They are: estate taxes and inheritance taxes. Estate taxes are further divided into two types, depending upon the taxing authority imposing the tax. Federal estate taxes are imposed by the U.S. government, while state estate taxes are imposed.. read more →
The cost for care in an assisted living facility (ALF) varies widely throughout the United States. You may have expected some states listed below to be expensive, but there are others with high costs which may surprise you. Is your state on the top 10 list for the most expensive yearly cost? 10. New Hampshire.. read more →
A Pennsylvania appellate court held that son is liable for his mother’s $93,000 nursing home bill under the state’s filial responsibility law. Health Care & Retirement Corporation of America v. Pittas (Pa. Super.Ct., No. 536 EDA 2011, May 7, 2012). John Pittas’ mother entered a nursing home for rehabilitation following a car crash in September 2007… read more →
Recently, I had a consultation with a parent of a child suffering from attention deficit-hyperactivity disorder (ADHD) who shared some of the lessons she learned over the years in advocating to obtaining appropriate special education supports for her child in her local school system: 1. To make her case that her elementary school student with.. read more →
Aurelia DeFrank died on August 18, 2009, a resident ofMercer County, New Jersey. Although decedent’s husband predeceased her, her two (2) adult children, daughters Lorraine D. Rubaltelli and Diane C. DiDonato, survived her. Decedent executed a will dated March 21, 2002 which was admitted to probate. Decedent’s probate estate consisted of real property, including a.. read more →
Vanarelli & Li, LLC on Social Media