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 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 →

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

 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 →

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 →

Yesterday, April 9th, the New Jersey judiciary launched The Judiciary Electronic Document Submission (JEDS) system, an electronic filing system to ease the filing of cases and slow backlogs while the state remains under an extended health emergency. The JEBS system will allow attorneys and litigants who represent themselves to file their papers electronically in most.. read more →

The New Jersey Supreme Court issued its First Omnibus Order on March 27, 2020 extending by 30 days the deadlines for the suspension of court proceedings and other matters in light of the ongoing public health emergency caused by COVID-19. The previous orders involved criminal, civil, family, tax and municipal courts, and suspended civil and.. read more →

The decedent, Anne Jelin, was survived by four siblings, including her brother Frederick. The decedent left a 2013 will, in which she made charitable bequests, bequests to her siblings, excluding Frederick, and bequests to nieces and nephews. Upon his sister’s death, Frederick challenged the will on the basis of lack of testamentary capacity and undue.. read more →

Listed below are the top ten (10) posts on the Vanarelli Law Office blog with the highest readership last year, in 2019. After each hyperlinked blog post title, the original post date is included. Check out the list to see this year’s highlights. Our sincere thanks for taking the time to read our blog!    .. read more →

Below, in chronological order, is the  annual roundup of the top 10 elder law decisions across the nation for the past year, as measured by the number of “unique page views” of the summary of the decision received on the ElderLawAnswers website. ElderLawAnswers is a web-based resource available for those in the public seeking information.. read more →

A nurse’s aide at a senior care facility in southern Minnesota posted a photograph of an elderly patient with on social media with a demeaning and vulgar message did not violate state law meant to protect patient privacy, a state court ruled. Furlow v. Madonna Summit of Byron, Docket No. A19-0987 (Minn. Ct. of Appeals,.. read more →

The decedent’s daughter had been disinherited under her mother’s 2013 Last Will and Testament. Following the decedent’s death, the daughter sought to admit a 2016 draft will, in which she was a beneficiary. The decedent had contacted her attorney beginning in 2015 regarding changes to her 2013 will, and advised the attorney that she did.. read more →

For additional information concerning New Jersey elder law, visit: NJ Elder Law and Estate Planning Services   read more →

The decedent died without a will, and without a spouse, domestic partner, or children. Under the New Jersey laws of intestacy, if a decedent dies without a spouse or domestic partner, the decedent’s “descendants” inherit the estate. A “descendant” is defined to include a “child,” which in turn is defined as “any individual, including a.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions read more →

In 1995, Frances and Larnie Shaw, prepared a number of estate planning documents. One of the documents, a testamentary trust created by Frances, was known as “Credit Shelter Trust.” Larnie and Janice, one of the Shaws’ three daughters, were designated as co-trustees of the Credit Shelter Trust. The Shaws’ other daughters were Carolyn and Shirley… read more →

The decedent, Felix Fornaro, had two children: his daughter Linda (plaintiff) and his son Carmine (defendant). In December 2011, the decedent executed a Last Will and Testament leaving 80% of his estate Carmine and 10% to Linda, with the remainder passing to his grandchildren. A year later, Mr. Fornaro died. Linda challenged the 2011 will… read more →