Blog

14
Aug

From “60 Minutes:” Following A Couple From Diagnosis To The Final Stages Of Alzheimer’s Disease

Almost every year for the past 10 years, since 2008, reporters from the “60 Minutes”...
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13
Aug

Denial Of Medicaid Based On Applicant’s Failure to Timely Provide Irrelevant Information Was “Arbitrary And Capricious”

A.F. is a quadriplegic as a result of an accident that occurred 20 years ago....
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09
Aug

Medicaid Penalty Imposed On Applicant Who Began Paying Her Daughter After Two Years of Free Caregiving

A New Jersey appeals court ruled that a Medicaid applicant who began paying her daughter...
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29
Jul

Forged Signature On Marriage License Would Invalidate 27-Year Marriage, And Surviving Spouse’s Property Rights As Tenant By Entirety   

At the time of Carol Rankins’ death in 2015, she had been married to Clyde...
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25
Jul

Creditors Cannot Force Partition Of Real Property Owned By Debtor-Husband And His Wife

A tenancy by the entirety is a form of joint property ownership, available only to...
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22
Jul

Birth Mother of Decedent’s Biological Children Entitled to Appointment as Representative of Estate

The decedent was killed in a motor vehicle accident. After his death, his father was...
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19
Jul

How Disabled Does A Veteran Have To Be In Order To Qualify For Needs-Based VA Pension Benefits?

The Department of Veterans Affairs (VA) provides two (2) types of monetary benefit programs for...
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15
Jul

Nursing Home Resident’s Transfer Of Classic Car To His Nephew Was A Gift

John F. McGrail, Jr. died intestate in 2016. His uncle, William J. McGrail, Jr., then...
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13
Jul

“Case Law Update: The Year In Review” Was Presented By Donald D. Vanarelli, Esq. At The 2018 Elder Law in a Day Seminar

Donald D. Vanarelli, Esq. (https://vanarellilaw.com/) participated in the New Jersey Institute for Continuing Legal Education’s...
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09
Jul

Lawsuits In Probate Court, like Will Contests, Are “Summary Proceedings,” And May Be Dismissed By The Court Without A Hearing

The decedent had five children, and his will divided his residuary estate among them. He...
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07
Jul

California Supreme Court Ruled Yelp Cannot Be Ordered To Remove Negative Reviews Of A Law Firm Posted By A Yelp Website User

Reversing decisions of trial and appellate courts, a divided California Supreme Court ruled that judges...
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05
Jul

VA Finds Assets in Discretionary Trust Are Not Countable When Determining Veteran’s Eligibility For Needs-Based Pension Benefits

The veteran in this case had been residing in a medical facility operated by the...
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03
Jul

Codicil Written With The Decedent’s Blood Admitted To Probate

During his relationship with life partner Marc Coleman, the decedent executed a Last Will and...
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29
Jun

Court Reverses Medicaid Denial, Finding “The Application Languished With No Action For Over A Year”

W.M. was admitted to a nursing home in Cranford, New Jersey. In December 2013, W.M.’s...
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27
Jun

Secret VA Nursing Home Ratings Revealed

Nursing homes operated by the Department of Veterans Affairs (VA) serve 46,000 veterans annually in...
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26
Jun

He Spent His Mom’s Nursing Home Money On Himself, And Was Found Guilty Of A Felony

From June 21, 2018 edition of The Wichita Eagle: A Kansas man was found guilty...
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25
Jun

Court Blocks County-Wide Policy That Employment By A “Caregiver Child” Is Per Se Bar To Medicaid’s “Caregiver Child” Exception

A.F. was diagnosed with Alzheimer’s disease and osteoarthritis in 2007. She also had difficulty walking....
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19
Jun

Donald D. Vanarelli, Esq. Will Present At The “2018 Elder Law in a Day” Seminar

Westfield, NJ – June 19, 2018 — Donald D. Vanarelli, Esq. (https://vanarellilaw.com/) will participate in...
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18
Jun

New Jersey Launches NJ ABLE Program

Public Law 113–295, also known as The Stephen Beck, Jr. Achieving a Better Life Experience Act...
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18
Jun

Guardian Acting In Best Interest Of Nursing Home Resident Despite Denial Of Medicaid Application

In September 2015, Y.M. was declared an incapacitated person, and the Office of the Public...
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