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 →
For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →
For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →
Elder and Disability Law News for August 2019 from the Law Office of Donald D. Vanarelli
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special.. read more →
Moses Ratowsky created an irrevocable trust for the benefit of his grandson, Daniel Schreiber (hereinafter the grandson). Petitioners, the co-trustees of the irrevocable trust, filed an application to appoint the principal of the trust to a new special needs trust that would allow the grandson to retain the benefits of the original trust while preserving.. 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 →
Elder and Disability Law News for July 2019 from the Law Office of Donald D. Vanarelli
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special education,.. 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 →
Elder and Disability Law News for June 2019 from the Law Office of Donald D. Vanarelli
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special education,.. 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 →
Elder and Disability Law News for May 2019 from the Law Office of Donald D. Vanarelli
For additional information concerning estate planning and administration, visit: Estate Planning and Administration For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services 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 →
The New Jersey legislature has passed a medical aid in dying bill which Governor Murphy has indicated he will sign. The new law states that [New Jersey] affirms the right of a qualified terminally ill patient, protected by appropriate safeguards, to obtain medication that the patient may choose to self-administer in order to bring about.. read more →
Free Seminar “Planning For The Catastrophic Costs Of Long-Term Care” Wednesday, April 3, 2019 4:00 PM Free Seminar Law Office of Donald D. Vanarelli 242 St. Paul Street Westfield, NJ 07090 Health care issues increase as we age, and become more complex. Please join Donald D. Vanarelli, Esq., Certified Elder Law Attorney,.. read more →
Wayne Lippincott’s widow Anne probated a will dated two days before his death in 2015. The couple had been married 28 years, and each had grown children from prior marriages. Wayne’s children and grandchildren challenged the will, claiming undue influence, lack of capacity, forgery, and failure to comply with the formalities of execution. They sought.. read more →
Top Rated New Jersey Lawyers In 2019 Donald D. Vanarelli has been selected by the New Jersey Law Journal as a Top Rated New Jersey Lawyer in 2019. Mr. Vanarelli, and the other attorneys featured in the list of Top Rated NJ Lawyers, have all achieved the peer reviewed rating of “AV Preeminent” by Martindale-Hubbell,.. read more →
In 1990, Irving Helsel established the “The 1990 Irving Helsel Family Trust” (the Trust), which included the “Irving Helsel Family Trust” (Family Trust) and the “Irving Helsel Exempt Trust” (Exempt Trust). He designated his children, Frederic and Bonnie, as beneficiaries of the Family Trust. The Family Trust allowed for distribution of the principal to Bonnie.. read more →
Judgment Invalidating Incompetent Person’s Last Will And Testament While He Was Still Alive Affirmed In Pre-Death Will Contest
Harry and Jean Sable were the parents of three adult sons, Michael, Don and Barry. Harry and two partners owned a building in Philadelphia where Harry conducted Harry Sable, Inc., a jewelry business. Harry and Jean had wills prepared in 1994 and 1998 with similar provisions. Harry left his entire estate to Jean if she.. read more →
This blog post discusses recent changes in how the Social Security Administration (SSA) evaluates disbursements from trusts, particularly special needs trusts. SSA regulations are published by the agency and compiled in the Program Operations Manual System (POMS). The POMS is a primary source of information used by Social Security employees to process claims for Social.. read more →
The decedent, Kathryn Parker Blair, had executed a will bequeathing her estate to her siblings and directing that, if any of her siblings predeceased her, that sibling’s share would pass to his or her surviving children. After her brother died, the decedent executed a new will omitting the brother’s child (“petitioner”) as a beneficiary. The.. read more →
Elder and Disability Law News for January 2019 from the Law Office of Donald D. Vanarelli
_______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special education, special needs planning and trial advocacy, including probate litigation, will contests, contested guardianships and elder abuse trials. Don is.. read more →
Is your medical item or service covered by Medicare Part A and/or Part B? Now there’s a quick way to check! Medicare’s free “What’s Covered” app delivers accurate cost and coverage information right on your smartphone. Now you can quickly see whether Medicare covers your service in the doctor’s office, the hospital, or anywhere else.. read more →
Donald Vanarelli on Social Media