M.K. resided in an assisted living facility (ALF) since 2006. She applied for Medicaid benefits and was approved as of May 1, 2015. Due to the income limitations of the Medicaid program, M.K. deposited all of her income in a Qualified Income Trust, or QIT. By doing so, income deposited in the QIT was not.. read more →
The decedent’s wife predeceased him. Thereafter, in 2009 the decedent executed a new will leaving his estate to his wife’s niece (the defendant). At the defendant’s suggestion, the decedent also executed a revocable living trust. Shortly thereafter, he became concerned about losing control of his assets, and he retained a new lawyer to draft a.. read more →
Anthony F. Cordasco and his wife, Louise, were living in a condominium when Louise became ill in late 2012. The Cordascos decided to sell the condominium and move in with their daughter, Roseann Altiero, who agreed to care for Louise. Anthony and Louise signed a listing agreement in January 2013 and placed the condominium on.. read more →
What is Elder Law? Elder Law is broad legal practice area involving the complex problems of older and disabled persons. The clients served by Elder Law attorneys can be among society’s most vulnerable people, often seeking help when they are most in need of wise counsel and advice. Elder Law attorneys deal “holistically” with their.. read more →
Special Needs Planning News for January 2019 from the Law Office of Donald D. Vanarelli
For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →
A Massachusetts trial court ruled that a Medicaid hearing examiner should have accepted evidence that a Medicaid applicant’s transfer of her house fell under the caretaker child exception and that the applicant’s other transfers were not made in order to qualify for Medicaid. Coko v. Daniel Tsai, Director of the Office of Medicaid (Essex Sup. Ct… read more →
Karen Horbatt was Theodore A. Kaczmarek’s niece by marriage. After Karen’s aunt died, Theodore executed a will in 2009 leaving Karen his entire estate, valued at over four million dollars. At the same time, Theodore executed a revocable living trust agreement, designating Karen as the sole trustee. Both documents were drafted by a lawyer procured.. read more →
Shared with permission of Veterans Information Services, Inc. and the Creators of VisPro. Copyright: Veterans Information Services, Inc. Website: www.info4vets.com For additional information concerning VA compensation and pension benefits, visit: VA Compensation and Pension Benefits The Law Office of Donald D. Vanarelli website: Home read more →
After L.K.’s representative filed for Medicaid benefits, Medicaid sent a checklist of documents to be provided within thirty days, including American Funds account statements. Five months later, Medicaid sent a second letter, again seeking the same documents, again within thirty days. After that deadline passed, L.K’s representative sent some of the account statements and advised.. read more →
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →
The decedent was estranged from her daughter Cheryl, the defendant, for almost 25 years, but they reconciled shortly before her death, when the decedent was ill. In 1996, the decedent and her husband had executed wills and a trust, excluding Cheryl from their estates. In 2006, the decedent and her husband consulted with a special.. read more →
On December 18, 2018, I presented at the 2018 Elder Law College given by the New Jersey Institute for Continuing Legal Education at the Crowne Plaza, located at 690 Route 46 East, Fairfield, New Jersey. Basically, my presentation was an overview of the laws governing Medicaid Planning by Guardians in New Jersey. (I first wrote about the.. read more →
Mrs. Jones and her husband had three children: Barbara, David, and Walter. Mr. and Mrs. Jones had owned an investment account with Olde Discount Corporation (the “investment account”) as joint tenants with right of survivorship and, when Mr. Jones died in November 1998, Mrs. Jones became the sole owner. According to the investment firm’s policy,.. read more →
A New Jersey appeals court held that the state was not required to assist a Medicaid applicant by obtaining debit card statements from her bank to verify her application. C.F.J. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-4385-16T4, Dec. 11, 2018). C.F.J. entered a nursing home and applied for.. read more →
Robert B. Cohen was a man of “great wealth.” At the time of his death at age 86, he had suffered for years from a progressive form of Parkinson’s disease. His son James filed a complaint to declare that Cohen’s 2009 will, as later modified, was valid. In turn, Cohen’s granddaughter Samantha filed a complaint.. read more →
Wyoming’s highest court ruled that the state should not have denied a Medicaid applicant’s request to reduce her penalty period because her sons partially returned transferred assets by paying her attorneys’ fees. Anderson v. State of Wyoming (Wyo.,No. 2018 WY 135, Dec. 4, 2018). Nursing home resident Lucile Anderson transferred cash and property to her sons… read more →
The Handbook for Helping People Living Alone with Dementia Who Have No Known Support provides practical guidance as well as tools for helping a person living alone who does not have informal supports, including people with dementia who have a caregiver that cannot provide support. The handbook includes practical strategies for identifying people who are.. read more →
Kansas’s highest court suspended for six months an attorney who, among other things, charged a couple three times the going rate to qualify for public benefits based upon financial need from the Veterans Administration (VA) and Medicaid. In the Matter of Crandall (Kan., No. 117,910, Nov. 30, 2018). A couple hired David Crandall to update their.. read more →
Following the decedent’s death, Bank of America became successor trustee of four trusts created by the decedent. In 2016, the decedent’s children filed complaints against the bank, seeking accountings for the trusts. The bank submitted accountings and a complaint seeking court approval of the accountings. The decedent’s children then filed another complaint, seeking another accounting.. read more →
Petitioner was admitted to Monmouth Medical Center. Thereafter, petitioner was discharged to Liberty Royal Rehabilitation and Health Care Center (Liberty Royal), a Medicaid certified nursing home. Less than one week later, he was transferred to Crystal Lake Nursing and Rehabilitation Center (Crystal Lake), another Medicaid certified nursing home. Petitioner remained at Crystal Lake until his.. read more →
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2018 Elder Law College given by the New Jersey Institute for Continuing Legal Education on December 18, 2018 at the Crowne Plaza, located at 690 Route 46 East, Fairfield, New Jersey. Mr. Vanarelli will provide an overview of the laws governing Medicaid Planning by Guardians in.. read more →
For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions read more →
Gregory Bock, Jr. was born two months after his mother married Gregory Bock, Sr. However, Gregory Jr. was the result of his mother’s previous relationship with Douglas Castellano. Gregory Sr. and Castellano both knew that Castellano was the biological father; however, the birth certificate identified Gregory Sr. as the father. When Gregory Jr. was approximately.. read more →
In 2002, J.S., a Medicaid applicant, created an irrevocable trust naming his son K.S. as trustee. Under the terms of the trust, all of the annual net income generated by the trust was to be paid to J.S., while the beneficiaries of the trust corpus was K.S. and his family. The trust gave the trustee.. read more →
We are please to announce that Donald D. Vanarelli has been named to the 2019 New Jersey Super Lawyers list for Elder Law. This is the 13th consecutive year in which Mr. Vanarelli has been named to New Jersey’s Super Lawyers list. Of over 85,000 attorneys licensed to practice law in New Jersey in 70.. read more →
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