Blog

14
Mar

Upcoming ICLE Seminar on Planning for and the Administration of Special Needs Trusts

On June 27, 2013, attorney Donald D. Vanarelli (Retired) will be moderating a panel of...
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14
Mar

Upcoming Presentation on Elder Mediation at New Jersey’s Office of the Ombudsman for the Institutionalized Elderly

On March 25, 2013, attorney Donald D. Vanarelli (Retired) will be addressing the Office of...
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12
Mar

Claims Folder Storage Area At The VA Regional Office In Winston-Salem, NC

In August, the VA’s inspector general said the weight of paper files at the agency’s...
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27
Feb

Appellate Division Affirms Probate Judge’s Reduction of Estate Litigation Contingent Fee Award

In Estate of Mendonca v. DaSilva, Docket No. A3515-11T2 (App. Div. Feb. 22, 2013), the...
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20
Feb

Medicaid Eligibility Under The “Undue Hardship” Exception

In the event of a Medicaid denial as a result of an unauthorized transfer or...
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16
Feb

Appellate Division Endorses Probate Judge’s Novel Use Of Equitable Remedy To Award Rescission Of “Payable-On-Death” Bank Account Designation

In Stephenson, Personal Representative of Estate of Murry v. Spiegle, Docket No. A-4193-11T2 (App.Div., January...
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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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