Blog

17
Oct

Unsigned Trust May Be Valid if Decedent Reviewed the Trust and Gave Final Assent to its Contents

The decedent, Dr. Evan Merritt London, was single with no children. He executed a number...
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15
Oct

Donald D. Vanarelli (Retired), Esq. to Present ‘Elder and Disability Law Update’ at 20th Annual Symposium

2017 Elder and Disability Law Symposium ‘Elder and Disability Law Update’ to be presented by...
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14
Oct

Unsent Text Message on Mobile Phone Accepted as Last Will and Testament by Australian Court

A court in Australia accepted an unsent, draft text message on a mobile phone as...
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09
Oct

Appellate Division Reverses Trial Court: Executor’s Misconduct Did Not Meet the “Extremes” Required in the Statute Allowing Removal of Executor

Dolores Pierce died in December 2014. She appointed her son Michael as executor of her...
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07
Oct

Donald D. Vanarelli (Retired), Esq. to Present at the 2017 Military Law Symposium

The New Jersey Institute for Continuing Legal Education, Middlesex County Bar Foundation and NJSBA Military...
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05
Oct

Although a Confidential Relationship and Suspicious Circumstances Existed, Court Found No Undue Influence

In this will contest, plaintiffs were named as residuary beneficiaries in the Last Will and...
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24
Sep

Court Dismissed Guardianship Action, Denied Compensation to Temporary Guardian, But Awarded Fees to Temporary Guardian’s Attorneys

Maria Delores Heller was in her seventies and suffering from late-stage ALS. She required round-the-clock...
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18
Sep

Law Giving a Fiduciary Access to Digital Assets Enacted in New Jersey

On September 13, 2017, Governor Christie signed legislation known as the “Uniform Fiduciary Access to...
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10
Sep

Application for Medicaid Benefits Correctly Denied When Applicant Failed to Submit Proper Verifications

A New Jersey appeals court held that a Medicaid application was properly denied when the...
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08
Sep

Center for Medicare and Medicaid Services Provides Guidance on ABLE Accounts

The Achieving a Better Life Experience Act of 2014 (the ABLE Act) enables individuals with...
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06
Sep

Son Loses Lawsuit Seeking to Enforce Father’s Oral Agreement for Equity Interest in Family Business

In 2005, Stuart and Phyllis Rauch purchased a nursing home facility through an LLC they...
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28
Aug

Son Sues to Enforce Father’s Promise to Transfer Family Business, Claiming Father’s Alzheimer’s disease Derailed Transfer

Plaintiff Christopher Hermanns had been an adjunct college professor. He claimed that he quit his...
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13
Aug

Patients May Soon Have The Right To Appeal A Hospital’s “Observation Status” Designation

As many hospital patients have discovered, there are huge financial implications when a hospital designates...
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12
Aug

Litigation Strategies in Medicaid Appeals

On August 10, 2017, I presented at the 2017 Sophisticated Elder Law Program on Medicaid...
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07
Aug

Resident Can’t Sue Nursing Home For Violating New Jersey Nursing Home Responsibilities And Residents’ Rights Act  

Nursing home resident Joseph Gamma died after falling off his bed at the facility. His...
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26
Jul

Elderly New Jersey Parents Not Liable for Costs of Specialized Services Provided to Disabled Adult Child

Applying New Jersey’s filial support law, an appeals court in Pennsylvania affirmed a decision denying...
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25
Jul

Appeals Court Rules Will Beneficiary Must Accept Cash, Not In-Kind Distribution, and Awards Legal Fees to Executor

In the Matter of the Estate of Anna Fabics involved multiple lawsuits, motions, and other...
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24
Jul

Lawsuit Claiming Medicaid’s Failure to Make Timely Eligibility Determinations Violated Federal Law Dismissed

A U.S. district court ruled that a group of Medicaid applicants do not have a...
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17
Jul

Unsigned, Handwritten Note Admitted To Probate As Last Will and Testament

Following Alice Malsberger’s death, her niece by marriage, Patricia White (the plaintiff in this lawsuit)...
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10
Jul

Long-Term Care Trusts Used in Planning for Medicaid Eligibility

Medicaid is a joint federal and state program created under Title XIX of the Social Security...
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