For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

This matter arose from the imposition of a transfer penalty on Petitioner’s receipt of Medicaid benefits. Beginning in 2018, Petitioner resided with her son, R. R., and R. R. ‘s wife. Petitioner previously resided in her own home. On November 1, 2018, Petitioner and R. R. executed a “Room Rental Agreement, ” wherein Petitioner agreed to.. read more →

In this case, C.L., a resident of a nursing home, applied for Medicaid benefits. The state’s Medicaid agency, the Division of Medical Assistance and Health Services (DMAHS), denied her application. DMAHS determined an annuity C.L. purchased, which she understood to be irrevocable, was instead found to be revocable by the agency and counted as a.. read more →

10 Costly Mistakes to Avoid When Planning for a Loved One with Special Needs 1. Doing nothing. The most popular estate plan in the Unites States is doing nothing. While not a good idea for anyone, it is particularly troubling when there is a loved one with special needs. If someone does nothing and then.. read more →

A.V. suffered from Alzheimer’s disease and dementia. In January 2021, A.V. moved into a skilled nursing facility. That April, she filed her first application for Medicaid benefits, seeking a community spouse resource allowance for her husband, J.V.  In June 2021, the Cumberland County Board of Social Services (CCBSS) denied the claim, advising A.V. and J.V… read more →

Chen Li, Esq. (http://VanarelliLaw.com/) will present on Trusts and Trust Taxation Issues impacting the New Jersey Probate and Trust Administration Process in an online seminar given by the National Business Institute (NBI) on December 15, 2022. Ms. Li will discuss aspects of the probate process and trust administration in New Jersey. Specifically, Ms. Li will.. read more →

In this case, an administrative law judge held that a Medicaid applicant’s transfer of her home to her adult child who lived with and cared for her for many years was entitled to Medicaid benefits under the “caretaker child” exemption to the transfer of assets rules even though the child worked part-time outside the home… read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

In a decision that has been approved for publication, the New Jersey Superior Court, Appellate Division, affirmed the dismissal of a lawsuit challenging New Jersey’s Medical Aid in Dying for the Terminally Ill Act (the “Act”). The lawsuit, which was brought by a terminally ill resident, a physician, and a pharmacist, attempted to enjoin and.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →

For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services For additional information concerning Medicaid applications and appeals, visit: NJ Medicaid Applications   read more →

If a person declared to be incapacitated wishes to execute a Last Will and Testament, there a judgment must first be entered by a court declaring that the proposed testator has regained capacity to do so. See N.J.S.A. 3B:12-27; In re Estate of Frisch, 250 N.J. Super. 438 (Law Div. Probate Part 1991); In re.. read more →

Chen Li, Esq. (http://VanarelliLaw.com/) will present on the “New Jersey Probate Process and Executor Duties: Master Checklist with Deadlines” given by the National Business Institute on August 17, 2022 via online seminar. Ms. Li will discuss the probate process in New Jersey including an overview of the duties required of an estate executor. She will.. read more →

The asset limit for Supplemental Security Income (SSI) has been stuck at $2,000 since 1984. That’s equivalent to more than $5,600 today. So, in effect, it has been cut by almost two thirds. There is now a bill in congress, the SSI Savings Penalty Elimination Act that would raise the asset limit to $10,000 for.. read more →

In this case, the New Jersey Superior Court, Appellate Division, reversed a final decision of the state Medicaid agency imposing a 203-day period of disqualification for Medicaid benefits based upon the applicant’s alleged transfer of assets for less than fair market value within the five-year look-back period before the applicant entered a nursing home. J.F… read more →

For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning read more →

Before she died, Dorothy Dreher (“Dorothy”) had her attorney prepare a power of attorney naming her son David as her agent. Dorothy later had that same attorney prepare a Last Will and Testament, which favored her son David over her daughter Rebecca. Rebecca became concerned about David’s actions under Dorothy’s power of attorney, and had.. read more →

For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services For additional information concerning Medicaid applications and appeals, visit: NJ Medicaid Applications read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning   For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services read more →

We are pleased to announce that Donald D. Vanarelli was named to the New Jersey Super Lawyer’s list in Elder Law in 2022. Out of 85,000 attorneys licensed to practice law in New Jersey, and the numerous attorneys who practice Elder Law in our state, Mr. Vanarelli is one of only 32 attorneys to be.. read more →

Every day the lives of older adults are profoundly and negatively impacted in both the criminal and civil justice systems based on mistaken assumptions and inadequate assessments of their capacity to make decisions for themselves. In order to raise greater awareness of these issues and improve how elder justice professionals approach these issues, the Department.. read more →

         After their father’s death, one of the decedent’s sons filed litigation against his siblings in their capacities as co-executors of the estate. The plaintiff did not challenge the validity of the will; he sought to compel an accounting of the estate.           In response to plaintiff’s lawsuit,.. read more →

Listed below are the top ten (10) posts on the Vanarelli Law Office blog and website articles with the highest readership in 2021, as measured by the number of “unique page views” of each blog post. The title of each article is hyperlinked to the original posting on the blog so that each article is.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

The maximum amount that can be contributed each year to an ABLE account for a person with disabilities rose $1,000 to $16,000 on January 1, 2022.  The figure, which is tied to the inflation-adjusted value of the IRS’s gift tax exclusion, had been stuck at $15,000 since 2018.  Meanwhile, all but four states now offer ABLE programs. Congress.. read more →