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 →
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 →
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 →
We are pleased to announce that Donald D. Vanarelli has been recognized as a 2020 New Jersey Super Lawyer in Elder Law. This is the 14th consecutive year in which Mr. Vanarelli has been named to New Jersey’s Super Lawyers list. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have.. read more →
Donald D. Vanarelli, Esq. to Discuss Social Security and Medicare Issues at 21st Annual Elder and Disability Law Symposium
21st Annual Elder and Disability Law Symposium Presented in cooperation with the NJSBA Elder and Disability Law Section Format/Skill Level: Meeting Location: APA Hotel Woodbridge, 120 S. Wood Ave Iselin, NJ 08830 Date: December 18, 2019 Time: 9:00 AM – 5:00 PM Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 21st Annual Elder and Disability.. read more →
2019 Elder Law College Format/Skill Level: Meeting Location: Doubletree By Hilton, 690 Route 46 E Fairfield, NJ 07004 Date: December 10, 2019 Time: 9:00 AM – 4:00 PM ET Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2019 Elder Law College given by the New Jersey Institute for Continuing Legal Education on December 10,.. read more →
On October 11, 2016, the decedent’s 2014 will was admitted to probate by her niece Frances (the “defendant-executor”). Therefore, pursuant to R. 4:85-1 of the New Jersey Rules of Court, a complaint seeking to contest the will should have been filed within 4 months of probate, or in this case, by February 10, 2017. However,.. read more →
Peter and his brother Sheldon are the only children of Anna Biber. Anna owned a home in Morristown, where she lived with Sheldon. In 1994, when Anna’s health began to decline, Peter was appointed her guardian. In 1998, Anna’s healthcare expenses increased significantly. Since his mother had insufficient assets to pay for care, Peter began.. read more →
Lawsuit By Nursing Home Against Daughter of Resident Who Transferred Money to Herself Dismissed
New Jersey appeals court held that a nursing home does not have standing to bring a lawsuit against the daughter/power of attorney of a resident who transferred the resident’s money to herself, causing a Medicaid penalty period. Future Care Consultants v. M.D. (N.J. Super. Ct., App. Div., No. A-4565-17T1, July 5, 2019). M.D. cared for her.. read more →
The decedent’s eldest daughter Francine was the executrix of her estate. In 2011, the attorney for the executrix forwarded an informal accounting and Refunding Bond & Release (the “Refunding Bond”) to the executrix’s sister Susan (a beneficiary of the estate), who signed and returned the Refunding Bond the next day. Eight years later, Susan sued.. read more →
Louis Keppel hired Donna Thomas as a home health aide. Thomas was employed by Angela’s Angels Home Healthcare and Angela’s Angels, LLC. Keppel died intestate. Dolores Guttmann and Thomas Loikith were appointed co-administrators of his estate. Guttmann and Loikith discovered that Thomas misappropriated 192 checks from Louis Keppel over a two-year period. In that regard,.. read more →
A power of attorney does not have to return money she took from her now deceased principal because the power of attorney removed the money for Medicaid planning purposes. In re Estate of Hirnyk (Pa. Super. Ct., No. 84 WDA 2018, April 16, 2019). Maria Hirnyk, a Ukrainian immigrant, did not drive and required assistance with.. read more →
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2019 “Elder Law in a Day” seminar given by the New Jersey Institute for Continuing Legal Education on July 10, 2019 at the New Jersey Law Center in New Brunswick, New Jersey. Mr. Vanarelli will provide the case law update, summarizing the most significant legal developments.. read more →
In a decision by Honorable Robert P. Contillo, P.J.Ch. that was affirmed by our Appellate Division, the court analyzed complex family relationships to determine if gifts were made in good faith or the result of undue influence. The decedent had two children. Her daughter (the plaintiff) was the executrix and a beneficiary of her estate… read more →
The decedent’s godchildren sought to probate a purported will that the decedent had neither reviewed nor signed. The decedent, who was 90 and in fragile health, had had a telephone conversation with an attorney she had never met. Based upon that conversation, the attorney drafted the decedent’s 17-page will. The decedent never had the opportunity.. read more →
After Mrs. Dreher died and her son probated her will, her daughter filed a complaint objecting to the probate. The plaintiff claimed that the will was the product of undue influence, and that her mother lacked testamentary capacity to sign the will. After four days of trial, the parties settled the case, and the terms.. read more →
The decedent’s daughter-in-law and grandchildren filed an action seeking to set aside the decedent’s 2016 will that disinherited them, and to admit a prior will and codicil. They claimed that the decedent lacked testamentary capacity to make the 2016 will, and that the decedent’s daughter had exercised undue influence to cause the decedent to disinherit.. read more →
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