Ralph Sandor died on January 20, 2018, at the age of 107. The Court appointed an Administrator Pendente Lite of the decedent’s estate (the “Administrator”). The Administrator filed an action seeking to set-aside gifts made by decedent’s grand-nephew, Anthony Russo, Jr. (“Russo”), by and through a power of attorney. The Administrator alleged that the transfers.. read more →

New Jersey appeals court affirmed denial of Medicaid application for failure to verify recurring bank transactions on applicant’s bank statements even though the transactions may have been part of a scam. G.M. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-0433-19, June 16, 2021). G.M. was eighty-three years old, suffered.. read more →

In this case, the Massachusetts Supreme Judicial Court held that property in an irrevocable trust is not countable by Medicaid even if the grantor/applicant retains a limited power of appointment over the property in the trust. Patricia A. Fournier vs. Secretary of the Exec. Office of Health & Human Services (SJC-13059, July 23, 2021) (SJC-13059,.. read more →

The Social Security trustees are projecting that due to the economic downturn caused by the pandemic the Social Security trust fund will be depleted in 2033 — one year earlier than the previous estimates. Once the fund is depleted, Social Security benefits will be reduced unless Congress acts in the interim. Social Security retirement benefits.. read more →

The Law Office of Donald D. Vanarelli is committed to protecting the legal rights and financial resources of seniors, the disabled and their families, and families in conflict. However, our attorneys understand that every case is different and all our clients are unique. For each client, we strive to provide the highest quality legal work while.. read more →

For additional information concerning nursing home law and litigation, visit: Nursing Home Law and Litigation For additional information concerning probate litigation and will contests, visit: NJ Will Contests and Probate Litigation read more →

According to recent surveys, 85% of consumers trust online reviews as much as personal recommendations. As a result, businesses need happy customers sharing positive reviews of their experiences in order for businesses to grow in today’s competitive, online-first marketplace. With that in mind, I am very happy to share the most recent reviews of our.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →

The number of people worldwide suffering from dementia is expected to rise to 78 million by 2030, a 40% increase from the estimated number of people worldwide currently suffering from the neurological disorder. By 2050, the number of people with dementia is expected to rise to a whopping 139 million. The estimates were contained in a report published.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

R.M. applied for nursing home Medicaid benefits to the State Medicaid agency, the Division of Medical Assistance and Health Services. The Division denied the application because she failed to provide necessary financial verifications. R.M. appealed the denial, and the Division conducted a fair hearing. As a result, the Division gave R.M. additional time to supply.. read more →

____________________________ Donald D. Vanarelli Donald D. Vanarelli is a Certified Elder Law Attorney, Certified by the National Elder Law Foundation, an ABA-certifying organization. In addition to being one of only about 500 attorneys who have been Certified in Elder Law in the United States, Mr. Vanarelli is also one of about 100 members of the Council of Advanced.. read more →

For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services   For additional information concerning Medicaid applications and appeals, visit: NJ Medicaid Applications For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning read more →

A Minnesota appeals court rules that a state statute deeming irrevocable trusts to be revocable for the purposes of a Medicaid eligibility determination is preempted by federal law governing irrevocable trusts. Geyen v. Commissioner Minnesota Dept. of Human Services (Minn. Ct. App., No. A20-1300, July 12, 2021). In 2011, Dorothy Geyen created two irrevocable trusts that.. read more →

The decedent and his wife had no children, and were close to the wife’s family. The decedent’s wife had predeceased him, and had left him her entire estate. In his Last Will and Testament, the decedent directed that his wife’s relatives were to receive “the total sum of moneys” that he had received from his.. read more →

For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

Guardianships and Medicaid Planning – Video 3 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 →

Guardianships and Medicaid Planning – Video 2 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 →

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 →

For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions   For additional information concerning estate planning and administration, visit: Estate Planning and Administration 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 →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

The New Jersey Supreme Court has amended the Court Rules governing guardianships to establish a new state-wide policy for background screenings of proposed guardians of incapacitated persons.  The amendments are effective as of May 15, 2021. The new policy is intended to safeguard the vulnerable population of incapacitated adults against risks of potential abuse, neglect,.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services For additional information concerning probate litigation and will contests, visit: NJ Will Contests and Probate Litigation read more →

2021 Elder Law College Format/Skill Level: ZOOM Webinar Location: Online Date: June 15, 2021 Time: 9:00 AM – 3:30 PM ET Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2021 Elder Law College given by the New Jersey Institute for Continuing Legal Education on June 15, 2021 via ZOOM videoconference webinar. Mr. Vanarelli will.. 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 →

Increase in Medicaid’s penalty divisor announced. Last month, the New Jersey Division of Medical Assistance and Health Services (DMAHS), the State Medicaid agency, announced an increase in the state penalty divisor. Effective April 1, 2021, the penalty divisor has increased from $357.67 to $361.20 per day, amounting to $10,986.50 per month and $131,838 per year… read more →

For additional information concerning mediation and conflict resolution, visit: Resolving Conflicts Through Collaborative Law read more →

The Caregiver Support Program available to Veterans through the Department of Veterans Affairs (VA) consists of 2 sub-programs: the Program of Comprehensive Assistance for Family Caregivers (PCAFC) and the Program of General Caregiver Support Services (PGCSS). Program of Comprehensive Assistance for Family Caregivers (PCAFC) The Program of Comprehensive Assistance for Family Caregivers (PCAFC) is for.. read more →

For additional information concerning nursing home law and litigation, visit: Nursing Home Law and Litigation For additional information concerning probate litigation and will contests, visit: NJ Will Contests and Probate Litigation read more →

People receiving support through New Jersey’s Division of Developmental Disabilities (DDD) are able to choose the agency through which they will receive support coordination services. A Support Coordination Agency assigns a Support Coordinator to work with the disabled individual and his/her family. The Support Coordinator works closely with clients to identify their needs, and then,.. read more →

The Centers for Disease Control and Prevention (CDC) has published new guidance for day centers and the people with disabilities they serve during the ongoing COVID-19 pandemic. The guidance comes in two documents — one aimed at administrators and staff and another for participants and their caregivers — that were issued in March 2021. The new guidance indicates.. read more →

Are you an Older Adult in New Jersey? Make Your Voice Heard! The Department of Human Services’ Division of Aging Services will hold a listening session on Thursday, April 29, 2021 at 10 AM to allow New Jersey residents to provide input into the state’s plans for services to older residents for 2021-2025.The informational flyer is.. read more →

For additional information concerning elder mediation and other conflict resolution strategies, visit: Resolving Conflicts Through Collaborative Law read more →