Category

Estate Planning
30
May

Damages and Counsel Fees Against Trustee Affirmed, and Co-Trustee Not Liable for Failing to Stop Trustee’s Misconduct

May 30, 2016
The decedent, Evelyn Berry, had been married twice. At the time of her death, the...
08
May

Disability Planning for New Jersey Residents (Video)

May 8, 2016
  Vanarelli & Li, LLC provides Special Needs Trusts and Disability Planning Attorney Services throughout...
30
Mar

Appellate Division Rules Counsel Fee Award is Discretionary, and May Be Reversed on Appeal “Only on the Rarest of Occasions”

March 30, 2016
In an appeal from a trial court’s decision to reduce the counsel fees sought by...
24
Mar

Chancery Division OKs Trust Decanting, Despite Beneficiary’s Opposition

March 24, 2016
In re Trusts for Stefanidis-Perez is a consolidated case involving two trusts in which the...
04
Mar

Top 10 Facts About Capital Gains and Losses

March 4, 2016
When you sell a capital asset, the sale normally results in a capital gain or...
05
Feb

No Trust Reformation Absent Ambiguity in Language of the Trust

February 5, 2016
In this will contest involving the doctrine of probable intent, Hon. Robert P. Contillo, P.J.Ch....
11
Jan

Daughter/Executrix Who Disputed Terms of Mother’s Will is Denied Commissions

January 11, 2016
Linda Hall was the executrix of her mother’s estate. Hall had initially had a 2005...
08
Jan

Medicare Now Covers Conversations About End-of-Life Care

January 8, 2016
Medicare beneficiaries may now discuss options for end-of-life care with their health care providers. Beneficiaries...
05
Jan

Roundup of Key Elder Law Numbers for 2016

January 5, 2016
Below are figures for 2016 that are frequently used in the elder law practice or...
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 (Retired), Esq. will be speaking at the 2015 First Annual End Of Life Conference

September 3, 2015
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....
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