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

In a decision by Honorable Robert P. Contillo, P.J.Ch. that was affirmed by our Appellate Division, the court analyzed complex family relationships to determine if gifts were made in good faith or the result of undue influence. The decedent had two children. Her daughter (the plaintiff) was the executrix and a beneficiary of her estate… read more →

J.G., an indigent nursing home resident, applied for Medicaid benefits. While his Medicaid application was pending, J.G. passed away. Thereafter, the Essex County Division of Family Assistance and Benefits, the county welfare agency, denied J.G.’s Medicaid application, concluding he was ineligible as he died before eligibility could be met. Future Care Consultants, J.G.’s designated authorized.. read more →

New Jersey appeals court allows an assisted living facility pursue a tortious interference with contractual relationship claim against a discharged resident’s son after the son refused to move his mother out of the nursing home or allow her to discuss her removal with the facility staff. The Orchards at Bartley Assisted Living v. Schleck (N.J… read more →

Each year the Trustees of the Social Security and Medicare trust funds report on the current and projected financial status of the two programs. Last month, the Board of Trustees released its 2019 Social Security Trustees Report, which is  summarized below. SOCIAL SECURITY The report provides an annual assessment of the financial health of the.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal.. read more →

Petitioner, J.F., through his daughter and power of attorney, M.P., applied for Medicaid benefits. The county welfare agency requested five years of bank statements from his checking account and told him the application would be denied if the requested information was not provided by April 23, 2015. M.P. asked for an extension of time. In.. read more →

The decedent’s godchildren sought to probate a purported will that the decedent had neither reviewed nor signed. The decedent, who was 90 and in fragile health, had had a telephone conversation with an attorney she had never met. Based upon that conversation, the attorney drafted the decedent’s 17-page will. The decedent never had the opportunity.. read more →

After Mrs. Dreher died and her son probated her will, her daughter filed a complaint objecting to the probate. The plaintiff claimed that the will was the product of undue influence, and that her mother lacked testamentary capacity to sign the will. After four days of trial, the parties settled the case, and the terms.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special education,.. read more →

All Of Us At The Law Office of Donald D. Vanarelli Wish You A Very Happy and Healthy Easter And Passover! * * * * * * * * Kindly visit our website for updates and information in Elder Law, Estate Planning, Medicaid and Long-Term Care Planning, Probate Litigation, Contested Guardianships and Special Needs Planning… read more →

Dear Valued Client or Website Visitor, We understand that deciding upon the best qualified law firm to handle your planning needs can be a daunting task. We appreciate your choosing or considering the Law Office of Donald D. Vanarelli to help you in carrying out your wishes. Satisfied clients are vital to the success of.. read more →

Question: My mother deeded her house to my sister and me more than seven years ago, meaning that the transfer is beyond Medicaid’s 5-year look-back period and should not affect my mother’s eligibility for Medicaid benefits. My family moved into her home (which is now owned by my sister and me) approximately 4 years ago.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special education, special.. read more →

The decedent’s daughter-in-law and grandchildren filed an action seeking to set aside the decedent’s 2016 will that disinherited them, and to admit a prior will and codicil. They claimed that the decedent lacked testamentary capacity to make the 2016 will, and that the decedent’s daughter had exercised undue influence to cause the decedent to disinherit.. read more →

An 82-year old widow living on Social Security benefits borrowed over $400,000 and signed mortgage documents calling for the loan to be repaid in monthly installments over 30 years. The bank brought a foreclosure action, claiming that the mortgage was a conventional mortgage and that the widow had defaulted on the payments. The widow claimed.. read more →

The New Jersey legislature has passed a medical aid in dying bill which Governor Murphy has indicated he will sign. The new law states that [New Jersey] affirms the right of a qualified terminally ill patient, protected by appropriate safeguards, to obtain medication that the patient may choose to self-administer in order to bring about.. read more →

Executors of the estate filed an Order to Show Cause requesting approval of the estate’s final accounting in a summary manner. The Order to Show Cause was entered and a return date was scheduled. Opposing family members filed a responsive pleading, in which they accused the executors of withholding financial information and commingling estate assets… read more →

You are invited to attend our upcoming Free Seminar – “Planning for the Catastrophic Costs of Long-Term Care” on Wednesday, April 3, 2019, at 4:00 PM at the  Law Office of Donald D. Vanarelli,  242 St. Paul Street, Westfield, NJ 07090. Light food and drink will be served. Please join Donald D. Vanarelli, Esq., Certified Elder Law.. read more →

Congressman John Garamendi, D-CA, recently introduced the Fair COLA for Seniors Act, H.R. 1553, to end inadequate retirement cost-of-living adjustments (COLAs) that don’t account for the effects of inflation on older Americans. H.R. 1553 would require a switch to the Consumer Price Index for the Elderly (CPI-E) from the Consumer Price Index for Urban Wage.. read more →

Shortly after their father’s death, plaintiff (one of the decedent’s sons) filed a caveat against the estate, based on allegations of undue influence and payments made to his siblings prior to their father’s death. After his brother filed a complaint in the Superior Court, Probate Part to admit the father’s will to probate, plaintiff voluntarily.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special education,.. read more →

Free Seminar “Planning For The Catastrophic Costs Of Long-Term Care”      Wednesday, April  3, 2019   4:00 PM Free Seminar  Law Office of Donald D. Vanarelli 242 St. Paul Street Westfield, NJ 07090   Health care issues increase as we age, and become more complex. Please join Donald D. Vanarelli, Esq., Certified Elder Law Attorney,.. read more →

Wayne Lippincott’s widow Anne probated a will dated two days before his death in 2015. The couple had been married 28 years, and each had grown children from prior marriages. Wayne’s children and grandchildren challenged the will, claiming undue influence, lack of capacity, forgery, and failure to comply with the formalities of execution. They sought.. read more →

One-third of Medicare beneficiaries experienced harm or adverse events during a nursing facility stay, and about 60% of those instances were preventable, according to reports from the Inspector General of the Department of Health and Human Resources. A new 60-page report from the Centers for Medicare & Medicaid Services (CMS) delves into the steps nursing homes.. read more →

ElderLawAnswers.com is a web site designed for seniors, their families, and attorneys with an interest in elder law issues ElderLawAnswers.com serves two distinct audiences: the public (namely seniors and their families), and elder law attorneys. The site delivers quality information about important issues facing seniors and provides seniors with referrals to qualified elder law attorneys.. read more →

Top Rated New Jersey Lawyers In 2019 Donald D. Vanarelli has been selected by the New Jersey Law Journal as a Top Rated New Jersey Lawyer in 2019. Mr. Vanarelli, and the other attorneys featured in the list of Top Rated NJ Lawyers, have all achieved the peer reviewed rating of “AV Preeminent” by Martindale-Hubbell,.. read more →

In 1990, Irving Helsel established the “The 1990 Irving Helsel Family Trust” (the Trust), which included the “Irving Helsel Family Trust” (Family Trust) and the “Irving Helsel Exempt Trust” (Exempt Trust). He designated his children, Frederic and Bonnie, as beneficiaries of the Family Trust. The Family Trust allowed for distribution of the principal to Bonnie.. read more →

The Social Security Administration (SSA) is proposing regulations which may make it more difficult for people who don’t speak English to qualify for disability benefits. Under planned regulations released February 01, 2019, the SSA would no longer consider a person’s “inability to communicate in English” when reviewing applications, both for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. The.. read more →

The Consumer Financial Protection Bureau (CFPB) has released a report on financial exploitation of the elderly. The report compiles information from Suspicious Activity Reports (SARs) submitted by banks, credit unions, casinos, and other financial services providers. Based upon the SARs, financial institutions have reported that financial exploitation of older adults by scammers, family members, caregivers,.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special education,.. read more →

Harry and Jean Sable were the parents of three adult sons, Michael, Don and Barry. Harry and two partners owned a building in Philadelphia where Harry conducted Harry Sable, Inc., a jewelry business. Harry and Jean had wills prepared in 1994 and 1998 with similar provisions. Harry left his entire estate to Jean if she.. read more →

John E. Travers, Jr. died unexpectedly in 2017 at the age of twenty-two. He was unmarried and died without any children, without a will, and without any written directive regarding his funeral or the disposition of his remains. Decedent’s parents, who are divorced, differed on how their son’s remains should be disposed of, and each.. read more →

This blog post discusses recent changes in how the Social Security Administration (SSA) evaluates disbursements from trusts, particularly special needs trusts. SSA regulations are published by the agency and compiled in the Program Operations Manual System (POMS). The POMS is a primary source of information used by Social Security employees to process claims for Social.. read more →

The decedent, Kathryn Parker Blair, had executed a will bequeathing her estate to her siblings and directing that, if any of her siblings predeceased her, that sibling’s share would pass to his or her surviving children. After her brother died, the decedent executed a new will omitting the brother’s child (“petitioner”) as a beneficiary. The.. read more →