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 read more →

If a person declared to be incapacitated wishes to execute a Last Will and Testament, there a judgment must first be entered by a court declaring that the proposed testator has regained capacity to do so. See N.J.S.A. 3B:12-27; In re Estate of Frisch, 250 N.J. Super. 438 (Law Div. Probate Part 1991); In re.. read more →

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

If you are injured due to another person’s negligence and receive Medicaid benefits to pay for care, New Jersey (as well as other states) always had a legal right to recover the funds the state spent on your medical expenses from a personal injury settlement or award. Once the state was reimbursed for past medical.. read more →

Chen Li, Esq. (http://VanarelliLaw.com/) will present on the “New Jersey Probate Process and Executor Duties: Master Checklist with Deadlines” given by the National Business Institute on August 17, 2022 via online seminar. Ms. Li will discuss the probate process in New Jersey including an overview of the duties required of an estate executor. She will.. read more →

For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services read more →

The asset limit for Supplemental Security Income (SSI) has been stuck at $2,000 since 1984. That’s equivalent to more than $5,600 today. So, in effect, it has been cut by almost two thirds. There is now a bill in congress, the SSI Savings Penalty Elimination Act that would raise the asset limit to $10,000 for.. read more →

In this case, the New Jersey Superior Court, Appellate Division, reversed a final decision of the state Medicaid agency imposing a 203-day period of disqualification for Medicaid benefits based upon the applicant’s alleged transfer of assets for less than fair market value within the five-year look-back period before the applicant entered a nursing home. J.F… read more →

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

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

For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning read more →

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

Before she died, Dorothy Dreher (“Dorothy”) had her attorney prepare a power of attorney naming her son David as her agent. Dorothy later had that same attorney prepare a Last Will and Testament, which favored her son David over her daughter Rebecca. Rebecca became concerned about David’s actions under Dorothy’s power of attorney, and had.. 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 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 read more →

For additional information concerning New Jersey elder law, visit: NJ Elder Law and Estate Planning Services For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →

We are pleased to announce that Donald D. Vanarelli was named to the New Jersey Super Lawyer’s list in Elder Law in 2022. Out of 85,000 attorneys licensed to practice law in New Jersey, and the numerous attorneys who practice Elder Law in our state, Mr. Vanarelli is one of only 32 attorneys to be.. read more →

It is with great pride and gratitude for her years of effort and loyalty to the firm that we welcome Chen Li, Esq. as a named partner of the firm, which has changed its name to Vanarelli & Li, LLC. Chen Li brings 20 years of legal experience in the areas of Medicaid and public.. read more →

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

Every day the lives of older adults are profoundly and negatively impacted in both the criminal and civil justice systems based on mistaken assumptions and inadequate assessments of their capacity to make decisions for themselves. In order to raise greater awareness of these issues and improve how elder justice professionals approach these issues, the Department.. read more →

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

         After their father’s death, one of the decedent’s sons filed litigation against his siblings in their capacities as co-executors of the estate. The plaintiff did not challenge the validity of the will; he sought to compel an accounting of the estate.           In response to plaintiff’s lawsuit,.. read more →

I am happy to share the February issue of our Special Needs Planning Newsletter. If we can be assistance with these or any other issues, please feel free to reach out. For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →

News Alert from the Centers for Medicare & Medicaid Services website: Medicare does not currently pay for over-the-counter COVID-19 tests. However, as part of the ongoing efforts to expand Americans’ access to free testing, Medicare recipients will be able to get over-the-counter COVID-19 tests at no cost starting in early spring. Under the new initiative,.. read more →

Listed below are the top ten (10) posts on the Vanarelli Law Office blog and website articles with the highest readership in 2021, as measured by the number of “unique page views” of each blog post. The title of each article is hyperlinked to the original posting on the blog so that each article is.. read more →

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

On January 14, 2022, the Assistant Secretary for Preparedness and Response, United States Department of Health and Human Services, issued the following Renewal of De​​termination That A Public Health Emergency Exists: U.S. Department of Health & Human Services As a result of the continued consequences of the Coronavirus Disease 2019 (COVID-19) pandemic, on this date.. read more →

The maximum amount that can be contributed each year to an ABLE account for a person with disabilities rose $1,000 to $16,000 on January 1, 2022.  The figure, which is tied to the inflation-adjusted value of the IRS’s gift tax exclusion, had been stuck at $15,000 since 2018.  Meanwhile, all but four states now offer ABLE programs. Congress.. read more →

For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →

Every year we release the key dollar amounts that are frequently used in elder law, estate administration and special needs trust planning, including Medicaid figures, Medicare premiums, Social Security Disability and Supplemental Security Income. Be sure to check back often, as we will add any information that has not yet been released and update the.. read more →

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

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

Being able to make health care decisions for ourselves is very important, but what happens if you become incapacitated and are unable to voice an opinion concerning your medical care?  If you don’t have a health care proxy or guardian in place, state law chooses who can make those decisions. A few states, such as.. read more →

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

2021 Elder Law College–Second Semester Format/Skill Level: Webinar  Location: Online  Date: December 1, 2021  Time: 9:00 AM – 4:00 PM ET Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2021 Elder Law College–Second Semester given by the New Jersey Institute for Continuing Legal Education on December 1, 2021 via ZOOM videoconference webinar. Mr. Vanarelli.. read more →