The decedent’s wife predeceased him. Thereafter, in 2009 the decedent executed a new will leaving his estate to his wife’s niece (the defendant). At the defendant’s suggestion, the decedent also executed a revocable living trust. Shortly thereafter, he became concerned about losing control of his assets, and he retained a new lawyer to draft a.. read more →

Karen Horbatt was Theodore A. Kaczmarek’s niece by marriage. After Karen’s aunt died, Theodore executed a will in 2009 leaving Karen his entire estate, valued at over four million dollars. At the same time, Theodore executed a revocable living trust agreement, designating Karen as the sole trustee. Both documents were drafted by a lawyer procured.. read more →

The decedent was estranged from her daughter Cheryl, the defendant, for almost 25 years, but they reconciled shortly before her death, when the decedent was ill. In 1996, the decedent and her husband had executed wills and a trust, excluding Cheryl from their estates. In 2006, the decedent and her husband consulted with a special.. read more →

Robert B. Cohen was a man of “great wealth.” At the time of his death at age 86, he had suffered for years from a progressive form of Parkinson’s disease. His son James filed a complaint to declare that Cohen’s 2009 will, as later modified, was valid. In turn, Cohen’s granddaughter Samantha filed a complaint.. read more →

Following the decedent’s death, Bank of America became successor trustee of four trusts created by the decedent. In 2016, the decedent’s children filed complaints against the bank, seeking accountings for the trusts. The bank submitted accountings and a complaint seeking court approval of the accountings. The decedent’s children then filed another complaint, seeking another accounting.. read more →

For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions   read more →

To improve advance health care planning, the American Bar Association’s Commission on Law and Aging developed advance care planning principles for attorneys as set forth in the publication found below, entitled “Advance Directives: Counseling Guide for Lawyers.” The advance care planning principles in the guide provide a conceptual framework and guidelines for lawyers and health.. read more →

B.S. was ninety-two years old and residing in a nursing home when she applied to the Monmouth County Division of Social Services, the County Welfare Board (CWB), for Medicaid benefits. In response to the application, the CWB inquired about two 2010 bank withdrawals from petitioner’s accounts, one for $29,955.79 and the other for $37,085.47. Petitioner.. read more →

For additional information concerning VA compensation and pension benefits, visit: VA Compensation and Pension Benefits For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions 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 Social Security and Supplemental Security Income (SSI) disability appeals, visit: Social Security Disability Appeals       read more →

Before her husband’s death, the Guglielmellis’ daughter Donna lived with their parents and, after Mr. Guglielmelli’s death, she continued to reside with her mother. Mr. Guglielmelli had always handled the couple’s finances, and after his death Donna assumed that role, under a power of attorney for her mother. Donna also served as executor of her.. read more →

The Appellate Division of the Superior Court of New Jersey dismissed this appeal, refusing to remand the case for administrative hearings that were never held because the applicant failed to preserve her right to those hearings. B.M. v. Division of Medical Assistance and Health Services, Docket No. A-3546-16T3 (App. Div., August 29, 2018) Esther Schulgasser.. read more →

In 1998, Joan McFadden executed two powers of attorney (POAs) and a Living Will-Durable Health Care Power appointing John McFadden, her nephew, as her agent and attorney in fact, and Mary Sexton, her niece and John’s sister, as her alternative agent and attorney-in-fact. The two POAs stated that they would become effective upon the following.. read more →

A New Jersey appeals court ruled that a Medicaid applicant who began paying her daughter after the daughter provided two years of free caregiving did not rebut the presumption that a transfer of assets to a relative who previously provided services for free is an uncompensated transfer of assets for Medicaid purposes. E.B. v. Division of.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning For additional information concerning VA compensation and pension benefits, visit: VA Compensation and Pension Benefits read more →

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Donald D. Vanarelli, Esq. (https://vanarellilaw.com/) participated in the New Jersey Institute for Continuing Legal Education’s “2018 Elder Law in a Day” Seminar held on July 11, 2018 at the New Jersey Law Center in New Brunswick, NJ. Mr. Vanarelli provided the “Case Law Update: The Year In Review” – a review of the cases decided.. read more →

The decedent had five children, and his will divided his residuary estate among them. He left 25% of the residuary estate to his daughter Eileen. He also directed that Eileen’s bequest was to include the family home, which was to be a credit toward her bequest; in the event that the “total net estate” was.. read more →

During his relationship with life partner Marc Coleman, the decedent executed a Last Will and Testament naming Coleman as the executor and primary beneficiary of his estate. The couple later ended their relationship. Thereafter, the decedent entered into a new relationship with Kirston Baylock. The decedent later died unexpectedly. At issue was a hand-written codicil.. read more →

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From June 21, 2018 edition of The Wichita Eagle: A Kansas man was found guilty of a felony after using his mom’s money for personal purchases instead of her nursing home care, officials said. Bruce J. Colle, 61, of Hutchinson, was found guilty Wednesday of one felony county of mistreatment of an elder person, Kansas.. read more →

Public Law 113–295, also known as The Stephen Beck, Jr. Achieving a Better Life Experience Act (ABLE Act), was enacted December 19, 2014. The ABLE Act provides individuals with special needs and disabilities to save money for disability related expenses in tax-free savings accounts while preserving their needs-based government benefits. Modeled on 529 college savings plans, ABLE.. read more →

(“The ElderLaw Report: Including Special Needs Planning” is the premier newsletter covering elder law and special needs planning issues. This monthly newsletter keeps legal professionals current with critical developments in elder law and special needs planning, and supplies real-world solutions to the unique legal problems facing senior and disabled clients. The most recent article I prepared for The.. read more →

Many taxpayers recently filed their taxes and may be waiting for a response from the IRS. Because of this summertime tends to be a period when thieves increase their scam attempts. They try to get people to disclose personal information like Social Security numbers, account information and passwords. To avoid becoming a victim, taxpayers should.. read more →

While many people take summer vacations, data thieves do not. Phishing emails and telephone scams continue to pop up around the country. The IRS reminds everyone to be vigilant to avoid becoming a victim. Here are some things for taxpayers to remember so they can keep their personal data safe: The IRS does not leave.. read more →