Blog

12
Feb

New Jersey Courts May Reform A Testamentary Trust In A Will To Effectuate the Probable Intent of the Testator

The New Jersey Supreme Court has directed that the Court’s function in construing a decedent’s...
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10
Feb

Appellate Division Spares A Will Contestant Frivolous Litigation Sanctions And The Invocation Of An In Terrorem Clause, Despite Her “Fanciful” Claims

In a November 5, 2010 blog post, I discussed the Superior Court of New Jersey,...
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07
Feb

Can New Jersey And Private Care Providers Assert Liens For Benefits Provided To Charity Care Recipients?

As I explained in a previous post, the New Jersey Hospital Care Payment Assistance Program,...
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04
Feb

Decedent’s Foreign Property Is Included In Calculating Spousal Elective Share, Despite Decedent’s Contrary Intent

In Estate of Peck, the Chancery Division, Probate Part examined a decedent’s testamentary intent regarding...
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01
Feb

Appellate Division Decides Not To Decide Whether Guardian Can Be Held Personally Liable For Fees Of Court-Appointed Counsel For The Ward

In Matter of Rizzo, the son of an adjudicated incapacitated person appealed from a Chancery...
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28
Jan

The Effect Of Fraud On The Time Limits For Challenging Probate Or Administration

In my January 20 blog post, I discussed the time limits imposed under R. 4:85-1...
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27
Jan

Can A Veteran Get VA Compensation Benefits On Deceased Spouse’s Service Record As Well As VA Pension Benefits On Survivor’s Service Record?

It IS possible for a surviving veteran to receive Dependency and Indemnity Compensation (DIC) Benefits...
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25
Jan

Top 12 Elder Law Court Rulings In 2012 From Across The Nation

Below, courtesy of the ElderLawAnswers website, is the annual roundup of the top 12 elder...
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22
Jan

Calculating The Amount Of VA Pension Benefits Payable To A Single Veteran Based Upon Unreimbursed Medical Expenses

For years, clients have asked about pension benefits available from the Department of Veterans Affairs...
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20
Jan

Filing A Will Contest: Time Limits

A challenge to a will (as opposed to, for example, (1) a challenge to non-probate...
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15
Jan

Court-Appointed Trustee Of Special Needs Trust Not Entitled To Fee Barred By Trust

A California appeals court ruled that a trial court inappropriately awarded trustee fees to the...
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12
Jan

Are Funds In A Special Needs Trust Counted As An Asset When Determining Eligibility For Charity Care?

The New Jersey Hospital Care Payment Assistance Program, commonly called “Charity Care,” is a state...
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10
Jan

Frequently Asked Questions About Non-Service Connected VA Pension Benefits

Must I be living in a care facility or receiving care at home before I...
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10
Jan

General Qualifications For Non-Service Connected Veterans Pension Plus Aid and Attendance Supplement

Veteran, Widowed Spouse, and Dependent or Disabled Child May Be A Claimant for VA Pension...
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06
Jan

Attorney Owed Duty To Client To Follow Up With Agents To Obtain And Review Inventory And Accountings Required In Power Of Attorney

An attorney who drafted a power of attorney for a client that included a requirement...
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06
Jan

Are Estate Plans Involving Trusts And Other Sophisticated Techniques Necessary Now That The Federal Estate Exemption Is $5 Million?

Until recently, estate planners have typically created estate plans by using a number of sophisticated...
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02
Jan

“Fiscal Cliff” Legislation Makes $5 Million Federal Estate Tax Exemption Permanent

The so-called “fiscal cliff” legislation enacted last night by Congress made a number of substantial...
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31
Dec

Niece Who Did Not Sign Admissions Agreement As "Responsible Party" For Aunt Is Not Liable For Aunt’s Unpaid Nursing Home Bill

A Rhode Island trial court holds that a niece who signed a nursing home admissions...
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30
Dec

Top Vanarelli Law Office Blog Posts In 2012

Listed below are the posts on Vanarelli & Li, LLC Blog with the highest readership...
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21
Dec

VA Reduces Paperwork Requirements For Pension Benefits

The Department of Veterans Affairs (VA) announced it is cutting red tape for Veterans who...
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