Category

Elder Law
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
[gview file=”http://vanarellilaw.com/wp-content/uploads/2017/05/Press-Release-2017-Annual-Conference-Attendee.docx”] For additional information concerning NJ elder law and special needs planning visit: http://vanarellilaw.com/legal-services/
09
May

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

May 9, 2017
Donald D. Vanarelli, Esq. (http://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...
12
Mar

Frivolous Litigation Sanctions Denied Because Supporting Certification Used Term “May Be” Instead of “Am”

March 12, 2017
The decedent, Kathryn Parker Blair, had executed a will bequeathing her estate to her siblings...
05
Mar

Decedent’s Children Have Authority Over Funeral Arrangements, Even When Children Are Omitted From Will

March 5, 2017
In Old Bridge Funeral Home v. Pruckowski , the Mrs. Pruckowski died leaving a Last...
03
Mar

Donald D. Vanarelli, Esq. to Present at the “Lawyer’s Guide to Veteran and Military Law” Seminar

March 3, 2017
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the “Lawyer’s Guide to Veteran and Military...
27
Feb

Summary Judgment Appropriate in Probate Lawsuit Involving Allegations of Incompetency and Undue Influence

February 27, 2017
The Appellate Division affirmed a summary judgment ruling by a trial court in a probate...
24
Feb

Appeals Court Upholds $21 Million Punitive Damage Award in Elder Abuse Lawsuit

February 24, 2017
A California court of appeals affirmed a jury award against the owner of a construction...
22
Feb

Second Circuit Bars Medicaid Penalty: Trusts Not Countable Since Beneficiary Had No Authority To Direct Distributions

February 22, 2017
In Simonsen v Bremby(2d Cir., No. 16-204-cv, Feb. 15, 2017), the daughter/Medicaid applicant filed suit...
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