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 October 2022 from Vanarelli & Li, LLC
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →
Long-term care comes at a tremendous financial price, especially around-the-clock nursing home care. The cost of a private room in a nursing home in New Jersey is at least $12,000 per month, and may be more. Most people end up paying for long-term care and/or nursing home care out of their savings until they spend.. read more →
Elder and Disability Law News for October 2021 from Vanarelli & Li, LLC
For additional information concerning New Jersey elder law, visit: NJ Elder Law and Estate Planning Services For additional information concerning mediation and conflict resolution, visit: Resolving Conflicts Through Collaborative Law read more →
Elder and Disability Law News for July 2021 from Vanarelli & Li, LLC
For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services For additional information concerning Medicaid applications and appeals, visit: NJ Medicaid Applications For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning read more →
A Minnesota appeals court rules that a state statute deeming irrevocable trusts to be revocable for the purposes of a Medicaid eligibility determination is preempted by federal law governing irrevocable trusts. Geyen v. Commissioner Minnesota Dept. of Human Services (Minn. Ct. App., No. A20-1300, July 12, 2021). In 2011, Dorothy Geyen created two irrevocable trusts that.. read more →
For additional information concerning estate planning and administration, visit: Estate Planning and Administration For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services read more →
Elder and Disability Law News for April 2020 from Vanarelli & Li, LLC
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 Hegadorn v. Department of Human Services, the Michigan Supreme Court approved the use of a trust established for the sole benefit of the healthy spouse as a valid method to protect the assets of a married couple when the ill spouse is a Medicaid recipient in a nursing home or other long-term care facility. The.. read more →
Elder and Disability Law News for January 2020 from Vanarelli & Li, LLC
For additional information concerning New Jersey elder law, visit: NJ Elder Law and Estate Planning Services read more →
Elder and Disability Law News for December 2019 from Vanarelli & Li, LLC
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →
Elder and Disability Law News for November 2019 from Vanarelli & Li, LLC
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 →
Elder and Disability Law News for October 2019 from Vanarelli & Li, LLC
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →
Elder and Disability Law News for August 2019 from Vanarelli & Li, LLC
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 →
In 2002, J.S., a Medicaid applicant, created an irrevocable trust naming his son K.S. as trustee. Under the terms of the trust, all of the annual net income generated by the trust was to be paid to J.S., while the beneficiaries of the trust corpus was K.S. and his family. The trust gave the trustee.. read more →
A.M. appealed a gift penalty imposed by the Medicaid agency based on a transfer of assets. The penalty was imposed based on $100,000 in distributions to beneficiaries of an irrevocable trust established by A.M. with her assets. A.M. asserted that the transfer penalty was inappropriate because she established the trust and transferred assets into the.. read more →
After being sued by Medicaid applicant in federal court, the Director of New Jersey Medicaid, who had previously denied benefits because the applicant transferred assets to a trust more than 5 years before, instead stated the application was denied because, under the terms of the trust, the trustee was permitted to pay the applicant’s rent… read more →
Contrary to the recent decision in the G.V. v. Division of Medical Assistance and Health Services case which held that assets transferred to an Income Only Trust more than 5 years before a Medicaid application was filed were still available, rendering the applicant ineligible for benefits, the M.K. v. Morris County Board of Social Services.. read more →
Medicaid is a joint federal and state program created under Title XIX of the Social Security Act of 1965. It provides a source of funding for long-term care to those aged, blind and disabled individuals who qualify financially. 42 U.S.C. §1396 et seq.; N.J.A.C. 10:71-1 et seq. Eligibility for Medicaid is based upon financial need. For.. read more →
In this case, the Division of Medical Assistance and Health Services (DMAHS), New Jersey’s state Medicaid agency, affirmed the denial of a Medicaid application filed by Grace M. Vinci (G.V.) by the Monmouth County Division of Social Services (MCDSS) finding that G.V. had resources in excess of $2,000 available to her, namely, resources contained in.. read more →
Reversing a lower court, Massachusetts’ highest court ruled that two Medicaid applicants’ trusts were not available assets even though the applicants retained the right to use the houses that were put into the trusts. Daley v. Secretary of the Executive Office of Health and Human Services (Mass., No. SJC-12200, May 30, 2017) and Nadeau v. Director of the Office.. read more →
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2017 “Elder Law in a Day” seminar given by the New Jersey Institute for Continuing Legal Education on July 10, 2017 at the New Jersey Law Center in New Brunswick, New Jersey. Mr. Vanarelli will provide an overview of the various trusts utilized in planning for.. read more →
In Simonsen v Bremby(2d Cir., No. 16-204-cv, Feb. 15, 2017), the daughter/Medicaid applicant filed suit in federal court and sought a preliminary injunction barring Medicaid from imposing a penalty period as a result of trusts established for her benefit by her mother. The two third-party trusts were considered as available resources by Medicaid, and when.. read more →
Donald D. Vanarelli, Esq. to Moderate the Advanced Special Needs Trust Symposium
“Use of Special Needs Trusts in Cases Involving Divorce” to be presented by leading NJ Elder Law and Estate Planning Attorney, Donald D. Vanarelli, Esq., who will also act as Moderator of the Symposium Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will moderate and present at the Advanced Special Needs Trust Symposium given by the New Jersey Institute.. read more →
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