New York Governor Andrew Cuomo has issued Executive Order 202.7, which temporarily suspends the rule requiring physical appearance before a notary public until April 18, 2020. This action was taken to facilitate the process of closing sales and signing estate documents remotely amid the coronavirus pandemic. The Executive Order allows notaries to notarize all legal.. read more →

As we find ourselves spending a lot more time at home, there are many opinions about how to fill the day while maintaining a healthy balance of activities. Most recommend a mixture of productivity and what some might refer to as “self-care,” which can take many forms. It can include eating right, exercising, enjoying a.. read more →

The U.S. government is extending the tax-filing deadline to July 15, a move meant to give taxpayers extra time to deal with their taxes amid the COVID-19 outbreak.  Taxpayers now have an extra three months to both file and make payments without interest or penalties. Originally, the federal government was going to give taxpayers until.. 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 →

For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services For additional information concerning estate planning and administration, visit: Estate Planning and Administration 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 →

In December 2019, the U.S. Congress enacted into law the “Setting Every Community Up for Retirement Enhancement Act of 2019,” also known as the SECURE Act, as part of a year-end spending bill. The SECURE Act makes major changes to retirement plan rules, including inherited plans. The effective date for the new law is January.. read more →

Seniors and retirees may be able to use online tax preparation software free of charge. Most low- and middle-income Americans qualify for the free help, but do not take advantage of it. And all seniors are eligible for free counseling assistance from the IRS. The IRS Free File website links to the available free online tax.. read more →

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

A fiduciary is a fancy legal term for the person who will take care of your property for you if you are unable to do it yourself, such as the executor of an estate, the trustee of a trust, or an attorney-in-fact under a power of attorney. Your first instinct might be to name one.. 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 read more →

Revocable trusts are an effective way to avoid probate and provide for asset management in the event of incapacity. In addition, revocable trusts–sometimes called “living” trusts–are incredibly flexible and can achieve many other goals, including tax, long-term care, and asset-protection planning. A trust is a legal arrangement through which one person holds legal title to property.. read more →

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

G.M., a 73 year old stroke victim, was diagnosed with Alzheimer’s disease, vascular dementia, schizoaffective and bipolar disorders. After G.M. filed a Medicaid application, the Atlantic County Board of Social Services (Board) notified G.M. that his application was denied because he did not provide necessary information. Several months later, G.M.’s designated authorized representative (DAR) submitted.. 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 →

On November 5, 2019, I presented at the Fall Meeting of the Essex/Hudson/Union Chapter of the New Jersey Association of Public Accountants held at Kean University in Hillside, New Jersey. I presented an overview of the various types of revocable and irrevocable trusts used by estate planners and by elder law and special needs planning.. 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 →

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 →

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