Category

Elder Law
Transfer of assets and Medicaid eligibility illustration.
16
Apr

Medicaid Announces Decreased Penalty Divisor for 2025

April 16, 2025
To discourage the practice of transferring assets to obtain Medicaid eligibility, Congress enacted legislation to...
12
Mar

What is Adult Protective Services (“APS”)?

March 12, 2025
Adult Protective Services, or “APS,” is a program within the New Jersey Division of Aging...
Illustration of legal concept: last will and testament
07
Feb

Last Will and Testament May be Construed to Create a Testamentary Trust, Even if the Term “Trust” Does Not Appear in the Will

February 7, 2025
A husband and wife, Peter and Nghia, executed Wills on the same day, and both...
Illustration of nursing home resident in wheelchair being assisted by staff.
08
Aug

Medicaid 2024 Community Spousal Maintenance and Shelter Allowance Adjustments

August 8, 2024
Effective July 1, 2024, the Medicaid Minimum Monthly Maintenance Needs Allowance (also known as “MMMNA”)...
Color illustration of husband/father's grave visited by wife and daughter.
30
Jul

Inheritance and Marriage: What is a “Surviving Spouse”?

July 30, 2024
Under New Jersey law, if a decedent dies without a valid will, his or her...
13
Jul

Elder and Disability Law News | July 2024

July 13, 2024
05
Jun

Medicaid Applicant’s Right to Use House Placed in Trust Does Not Render Trust Assets Available, Massachusetts High Court Rules

June 5, 2017
Reversing a lower court, Massachusetts’ highest court ruled that two Medicaid applicants’ trusts were not available...
04
Jun

In Probate Litigation, Fraud Claims Dismissed; Complaint “Did Not Even Suggest A Basis For The Requested Relief” 

June 4, 2017
Plaintiff Neil Epstein sued Barbara Epstein Petka, claiming that, as a result of her fraud...
22
May

US Supreme Court Warns Lower Courts: Arbitration Agreements Must Be Evaluated “On Equal Footing” With Other Contracts

May 22, 2017
Kindred v. Clark involves two Kentucky cases, in which family members of deceased Kindred nursing...
16
May

Big Increase in Medicaid’s “Penalty Divisor”

May 16, 2017
New Jersey’s Medicaid rules are complicated, and always changing. One such change in the rules...
15
May

Nursing Home Cannot Compel Arbitration When Capacity of Resident Who Signed Admissions Agreement is Questionable

May 15, 2017
James Patterson entered Care One at Moorestown on September 3, 2014. He had various serious...
15
May

New Video on Elder Financial Abuse from the Departments of Banking and Securities and Aging of the State of Pennsylvania

May 15, 2017
Financial abuse of the elderly has been called the “crime of the 21st century.” The...
11
May

Donald D. Vanarelli, Esq. Attends NAELA Annual Conference on Elder Law and Special Needs Planning

May 11, 2017
09
May

Donald D. Vanarelli, Esq. to Present at the “2017 Sophisticated Elder Law” Seminar

May 9, 2017
Donald D. Vanarelli, Esq. (https://vanarellilaw.com/) will present at the “2017 Sophisticated Elder Law” seminar given...
01
May

In Litigation Over Lost Will, Appeals Court Remands Case, Ruling Decedent May Have Destroyed Will With Intent To Revoke It

May 1, 2017
Before his death, Arthur Zito was the subject of a contested guardianship litigation, in which...
25
Apr

A Guide to Needs-Based VA Pension Benefits and Medicaid Planning

April 25, 2017
The needs-based pension program from the Department of Veterans Affairs (VA) is a disability benefits...
09
Apr

Son Who Unduly Influenced Mother Could Be Appointed As Her Guardian; Evidence Did Not Support Court’s Change Of Beneficiary Designation On TOD Account; Counsel Fees Denied Because Litigation Was A “Fight Between Brothers”

April 9, 2017
In 1997, Evelyn Worley’s son Dwight assisted her in opening a $100,000 Transfer On Death...
05
Apr

NJ’s Division of Consumer Affairs Issued Warning About Non-Lawyers Who Assist Consumers Filing Medicaid Applications

April 5, 2017
New Jersey’s Division of Consumer Affairs (DCA) released a Consumer Brief on Medicaid Advisors/Application Assistors....
28
Mar

Social Security Eliminates Rule Giving Opinions of Treating Doctors “Greater Weight” Than Other Medical Providers

March 28, 2017
The Social Security Administration (SSA) published two final regulations that will have significant impacts on...
26
Mar

Dispute Between Adult Children About Their Parents’ Nursing Home Placement Is Not Domestic Violence

March 26, 2017
This case arose from the conduct of siblings who held divergent views regarding placing their...
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