Blog

22
Mar

Physician Orders for Life-Sustaining Treatment Act

In the New Jersey Advance Directives for Health Care Act, N.J.S.A. 26:2H-53 et seq., the...
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18
Mar

N.J. Supreme Court Grants Certification To Review State’s Refusal To Permit Retired Firefighter To Name Special Needs Trust As Beneficiary Of Pension For His Disabled Child

Recently, the New Jersey Supreme Court granted a Petition for Certification I filed asking the Court...
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17
Mar

Donald Vanarelli Named to Super Lawyer List for Seventh Consecutive Year; Associate Chen Li Named to Super Lawyer List as “Rising Star”

Vanarelli & Li, LLC is proud to announce that two professionals in the firm have...
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14
Mar

Court Rules Last Will And Testament Controls The Disposition Of Estate Assets Transferred To Revocable Trust During Decedent’s Life

Earlier this month, Hon. Robert P. Contillo, Presiding Judge of the Chancery Division, Bergen County,...
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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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