Vanarell & Li, LLC, Westfield, NJ Elder Law Attorneys

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...

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....

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...

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...

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...

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...

Mar

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

March 3, 2017

Donald D. Vanarelli (Retired), Esq. (https://vanarellilaw.com/) will present at the “Lawyer’s Guide to Veteran and...

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...

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...

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...

Feb

Legal Fees Denied in Estate Lawsuit Because Both Parties Responsible for Protracted Litigation Over Small Estate

February 6, 2017

Robert Grafer, Jr. was the executor of his mother’s estate. He and his sister Laura...

Feb

Donald D. Vanarelli (Retired), Esq. to Present at the 8th Annual Senior Lawyers Conference

February 2, 2017

Donald D. Vanarelli (Retired), Esq. (https://vanarellilaw.com/) will present at the 8th Annual Senior Lawyers Conference...

Jan

New Resident Protections in the Revised Nursing Facility Regulations

January 18, 2017

The federal Nursing Home Reform Law was enacted in 1987, and became effective in October...

Jan

The “Typical” Guardianship Action and Contested Guardianships

January 16, 2017

Most guardianship actions are not contested. The “typical” guardianship action proceeds as follows. Upon receipt...

Dec

What Are the Duties of an Agent under a Power of Attorney?

December 11, 2016

Powers of Attorney are common but often misunderstood estate documents in New Jersey and other...

Dec

Attend the Dignity Forum Virtually

December 7, 2016

Last year, the National Senior Citizens Law Center (NSCLC), an important voice for low-income seniors for...

Dec

2017 SSI and Spousal Impoverishment Figures Released

December 5, 2016

The Centers for Medicare and Medicaid Services has released its SSI and Spousal Impoverishment Standards...

Dec

Special Needs Trusts and Divorce / Part 2: Child Support