I had a great time at the 25th annual New Jersey State Bar Association Elder and Disability Law Retreat, held in Bethlehem, PA this year. I reconnected with friends and made new connections. Also, I enjoyed presenting with my colleague Beth Manes, Esq. on the topic of “Supporting and Protecting People with Mental Illness.” ____________________________.. read more →
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 25th Annual Elder and Disability Law Retreat to be held at the Wind Creek Casino and Resort in Bethlehem, Pennsylvania on April 20 – 21 by the New Jersey State Bar Association’s Elder and Disability Law Section and the New Jersey Institute for Continuing Legal Education… read more →
Court Dismisses Daughter’s Lawsuit Against Mother’s Estate Lawyer
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 →
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 →
2022 Elder Law Fact Sheet
Every year we release the key dollar amounts that are frequently used in elder law, estate administration and special needs trust planning, including Medicaid figures, Medicare premiums, Social Security Disability and Supplemental Security Income. Be sure to check back often, as we will add any information that has not yet been released and update the.. read more →
On November 18, 2021, the New Jersey Supreme Court entered an Order addressing whether proceedings in state courts should be conducted in person or virtually as the COVID-19 pandemic ends. In doing so, the Supreme Court stated that it tried to balance “the reduced time and cost associated with virtual proceedings” with the benefits of.. read more →
This lawsuit was actively litigated for nearly a decade. In this case, a sister filed a lawsuit against her brother regarding the Last Will and Testament of their father. The parties’ father executed a will in 2012 providing that his son would receive eighty percent of the estate, his daughter would receive ten percent, and.. read more →
Ralph Sandor died on January 20, 2018, at the age of 107. The Court appointed an Administrator Pendente Lite of the decedent’s estate (the “Administrator”). The Administrator filed an action seeking to set-aside gifts made by decedent’s grand-nephew, Anthony Russo, Jr. (“Russo”), by and through a power of attorney. The Administrator alleged that the transfers.. read more →
The decedent and his wife had no children, and were close to the wife’s family. The decedent’s wife had predeceased him, and had left him her entire estate. In his Last Will and Testament, the decedent directed that his wife’s relatives were to receive “the total sum of moneys” that he had received from his.. read more →
A few months prior to his death in 2008, the decedent executed a codicil to his will, in which he appointed the defendant as executor of his estate, and included the defendant as a beneficiary. The defendant-executor was a relative of the decedent, and a New Jersey attorney. In 2011, a beneficiary of the estate.. read more →
Annie Rost died in 2018, leaving four surviving children. Her Last Will and Testament left her sizeable estate to her four children and to various charities. It also contained an “in terrorem” provision that excluded any beneficiary from a share of the estate if they contested the will: Any beneficiary under this, my Will, who.. read more →
Top Ten Most Popular Blog Posts on the VanarelliLaw Blog in 2020
Listed below are the top ten (10) thirteen (13) posts on the Vanarelli Law Office blog with the highest readership in 2020, 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 accessible.. read more →
Plaintiff, Oliver V. Short III, filed an eight-count, seventy-nine-page complaint and order to show cause seeking to compel the Presiding Judge of the Probate Part, Chancery Division, Union County, to issue a final order in his deceased mother’s probate lawsuit. Plaintiff alleged that the Union County Chancery judge issued a final judgment on December 31,.. read more →
Charles Smith and his wife purchased a house in Philadelphia, Pennsylvania in 1959. While living there, they raised three daughters: Dianne, Dionne, and Deborah. Charles Smith became the sole owner of the property in 2007 when his wife passed away. When Charles died in 2011, he bequeathed the house to his three daughters equally. Deborah,.. read more →
An Agreement to Assist A Nursing Home Resident In Obtaining Medicaid Benefits May Be Legally Binding
An appeals court held that an agreement to apply for Medicaid benefits for a nursing home resident made by the resident’s guardian or family members may be legally enforceable by the nursing facility in which the resident resides. Pine Brook Care Center v. D’Alessandro, Docket No. A-3197-18T1 (NJ Appellate Division, November 23, 2020) In April.. read more →
A U.S. district court dismissed fraud claims based on the unauthorized practice of law against a New Jersey company that provided assistance to Medicaid applicants, ruling that the estate of a nursing home resident did not provide evidence that the company misled the estate about performing legal work for it. The Estate of Cotton v… read more →
(The BiFocal e-newsletter is a publication of the ABA Commission on Law and Aging. In a recent BiFocal e-newsletter, the ABA Commission published the following guidance on defensive practices that may be used to prevent misuse of a power of attorney, such as careful selection of agents, drafting in oversight and accounting, and limiting powers… read more →
Donald D. Vanarelli, Esq. Will Present At The 22nd Annual Elder And Disability Law Symposium
22nd Annual Elder And Disability Law Symposium The COVID Cloud: Pandemic Practice Tips for the Elder Law and Special Needs Practitioner Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 22nd Annual Elder and Disability Law Symposium to be held via ZOOM Webinar on December 1, 2020 by the New Jersey State Bar Association Elder.. read more →
The Law Council of Australia, an information source I was unfamiliar with until recently, released a new legal guide entitled “Best Practice Guide for Legal Practitioners in relation to Elder Financial Abuse.” The Guide is intended to assist legal practitioners to identify and address potential issues regarding elder financial abuse in the preparation and execution of.. read more →
Judgment Against Adult Child Who Served As Her Mother’s Power Of Attorney And Executrix Affirmed On Appeal
Christine D. Cenaffra (decedent) had six children, two of whom were the parties in this lawsuit. Diane Cenaffra was the plaintiff, and her sister Patricia Stollenmaier was the defendant. Decedent died in 2015. Her Last Will and Testament named defendant as the executrix. Defendant also was her mother’s power of attorney (POA). Decedent resided with.. read more →
Millions of Americans manage money or property for a loved one who’s unable to pay bills or make financial decisions. To help financial caregivers, the Consumer Financial Protection Bureau, or the CFPB, worked closely with the American Bar Association Commission on Law and Aging to prepare four (4) guides: Help for agents under a power.. read more →
Many years after her mother’s death, plaintiff filed litigation against her sister’s husband Howard regarding plaintiff’s late mother’s estate. She claimed that Howard had been managing her mother’s money while she was alive and that, upon her mother’s death, Howard continued to manage that money on behalf of plaintiff and her sister. Plaintiff’s complaint against.. read more →
The decedent, Virginia Ogborne, executed a 2016 will leaving her estate to two of her sons, including David, who she named executor. She left only a nominal bequest to another son, James. After James filed a caveat to the will, David filed an Order to Show Cause to strike the caveat and admit the will.. read more →
B.M. was incapacitated since birth. E.M. and plaintiff L.M. are her siblings. L.M. lived with B.M. for twenty-seven (27) years. and she provided for B.M.’s care, After her mother’s death, B.M. was declared mentally incompetent. L.M. was the appointed guardian of B.M.’s person, and E.M. was the appointed guardian of B.M.’s property. The two guardians.. read more →
The estate documents of the decedent, Lois N. DeConca, included a revocable trust naming “Alzheimer’s Association, New Jersey,” with a Denville New Jersey address, as a beneficiary. After her death, her estate filed a Verified Complaint seeking direction from the court regarding which charity was the intended beneficiary: the National Alzheimer’s Association (AA), headquartered in.. read more →
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