Category

Estate Planning
21
Dec

Bank Not Liable For Improper Withdrawals from Nursing Home Resident’s Account Made By Resident’s Agent Under Power of Attorney

December 21, 2015
In 2003, Michael Yahatz opened a bank account. The following year, the bank was acquired...
07
Dec

Appellate Division Rejects Surviving Spouse’s Claim To Life Insurance Proceeds

December 7, 2015
In this case, a surviving spouse’s claim to her deceased spouse’s life insurance proceeds was...
08
Nov

Appellate Division Rejects Claim That Marriage Creates a Presumptive Right to a Deceased Spouse’s Retirement Accounts

November 8, 2015
On March 9, 2015, I blogged about an Appellate Division case holding that marriage does...
04
Nov

Medicaid Not Required to Consider Applicant’s Trust Reformed by a Court During the Look-Back Period

November 4, 2015
An appeals court holds that the Massachusetts Medicaid is not required to recognize the reformation...
19
Oct

Appellate Division Affirms Chancery Court Ruling Clarifying Powers and Duties of Agent under Power of Attorney

October 19, 2015
Sylvia Fishbein and her husband created the Fishbein Revocable Trust in 1994. In 2005, following...
07
Sep

Appellate Division Affirms Reformation Of Life Insurance Policy Through Imposition Of Constructive Trust

September 7, 2015
Eddie and Aidaliz Jones married in 1998. They had a child in 2003, and were...
03
Sep

Donald D. Vanarelli, Esq. will be speaking at the 2015 First Annual End Of Life Conference

September 3, 2015
[gview file=”http://vanarellilaw.com/wp-content/uploads/2015/09/End-of-Life-Conference.pdf” save=”1″] Donald D. Vanarelli, Esq. will be speaking at the “First Annual End...
21
Jul

How We Got A Letter Admitted To Probate As A Last Will and Testament

July 21, 2015
(The following excerpt is a portion of a brief prepared by my Law Firm in...
21
May

Top 10 New Jersey Elder Law and Special Needs Planning Cases Decided in 2014

May 21, 2015
The 17th Annual Elder Law Retreat, presented by the New Jersey State Bar Association Elder and...
13
Apr

Beneficiaries Omitted From Trust By Mistake Can Sue Lawyer Who Prepared Trust

April 13, 2015
A Pennsylvania appeals court held that beneficiaries omitted from trust have standing to sue the...
26
Mar

Understanding ABLE: Achieving A Better Life Experience Act Explained

March 26, 2015
  The Achieving a Better Life Experience (ABLE) Act became law on December 19, 2014....
11
Mar

Adult Child Has No Legal Right To An Inheritance Since New Jersey Law Permits Parents To Disinherit Their Children

March 11, 2015
A trial court in Bergen County held that a parent’s promise to leave assets to...
10
Mar

Virginia Lawyer Who Bungled Client’s Will Liable to Will Beneficiaries, While Claims Filed by Trust Beneficiaries against Florida Lawyer Dismissed

March 10, 2015
As a general rule, an attorney hired to prepare a will or trust for a...
09
Mar

Marriage Does Not Create a “Presumptive Right” to a Deceased Spouse’s Life Insurance Benefits

March 9, 2015
A New Jersey appeals court rejected a surviving spouse’s public policy argument to adopt a...
09
Dec

SSI / Medicaid / Social Security / Medicare Income Limits, Premium Increases  and Resources Allowances for 2015

December 9, 2014
 Supplemental Security Income (SSI): Effective 1-1-15  SSI Federal Benefit Rate           SSI Resource...
13
Oct

Challenge to Summary Administration Fails; Pre-Death Distributions by Power of Attorney Were “Unconventional” But Not Fraudulent

October 13, 2014
Following the decedent’s death, one of his three children applied for summary administration of the...
08
Oct

Entry of Order Determining Issue of Genuine Dispute was Erroneous; Failure to Give Adverse Party Five Days to Object Violated New Jersey Court Rules

October 8, 2014
In In re Tomei Trust, in connection with a family dispute regarding ownership of a...
15
Sep

Objection to Admitting Handwritten Will to Probate Properly Dismissed, but Trial Court lacked Authority to Transfer Non-Probate Assets to Trust

September 15, 2014
In Estate of William Strohmenger, 2013 N.J. Super. Unpub. LEXIS 2651 (App. Div. Oct. 31,...
13
Sep

NJ Supreme Court Permits Disabled Child of Retired Fireman to Designate Special Needs Trust as Beneficiary of State Pension Plan

September 13, 2014
(In the midst of my oral argument before the New Jersey Supreme Court held on...
10
Sep

Attorney Representation of Father and Sons in Estate Planning did not Constitute Conflict of Interest or Breach of Fiduciary Duty

September 10, 2014
In Salvemini v. Spector, 2013 N.J. Super. Unpub. LEXIS 2942 (App. Div. Dec. 13, 2013),...
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