Category

Trusts
05
Jun

Medicaid Applicant’s Right to Use House Placed in Trust Does Not Render Trust Assets Available, Massachusetts High Court Rules

June 5, 2017
Reversing a lower court, Massachusetts’ highest court ruled that two Medicaid applicants’ trusts were not available...
03
May

Donald D. Vanarelli, Esq. to Present at the 2017 “Elder Law in a Day” Seminar

May 3, 2017
Donald D. Vanarelli, Esq. (https://vanarellilaw.com/) will present at the 2017 “Elder Law in a Day”...
22
Feb

Second Circuit Bars Medicaid Penalty: Trusts Not Countable Since Beneficiary Had No Authority To Direct Distributions

February 22, 2017
In Simonsen v Bremby(2d Cir., No. 16-204-cv, Feb. 15, 2017), the daughter/Medicaid applicant filed suit...
09
Sep

Donald D. Vanarelli, Esq. to Moderate the Advanced Special Needs Trust Symposium

September 9, 2016
“Use of Special Needs Trusts in Cases Involving Divorce”  to be presented by leading NJ...
06
Apr

What is the Medicaid “Look-Back” Period?

April 6, 2016
Medicaid, unlike Medicare, is a public benefit program based upon financial need. As a result,...
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...
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...
28
Aug

New Jersey Planning to Eliminate the Income Cap for Home-and-Community Medicaid

August 28, 2014
The Medicaid programs in New Jersey which help residents pay long-term care costs are about...
04
Sep

Transfers By Medicaid Applicant To Adult Disabled Children Are Exempt, Even Though Children’s Social Security "Disability" Benefits Were Converted To “Retirement” Benefits At Age 65

September 4, 2013
In an Initial Decision of the New Jersey Office of Administrative Law, Administrative Law Judge...
23
Aug

New Jersey Supreme Court Rules That Order Awarding Child Support To Disabled Child May Be Modified By Establishing Special Needs Trust For Child

August 23, 2013
In an opinion that breaks sharply with established practice, the New Jersey Supreme Court ruled...
25
Sep

Recent Argument Before The Appellate Division In A Case Involving A Public Pension And A Testamentary Special Needs Trust

September 25, 2012
For the past several years, I have represented Thomas Saccone, a retired Newark, NJ firefighter...
27
Nov

New Law Substantially Extends Reach Of New York State’s Medicaid Estate Recovery Law

November 27, 2011
Earlier this year the New York State Legislature, prompted by the Governor’s Medicaid Redesign Team,...
26
Dec

Top Ten (10) New Jersey Cases Involving Special Needs Trusts / Disability Planning Decided In 2010 (And A Few Cases Decided In 2009)

December 26, 2010
    Here are my selections for the top ten (10) New Jersey cases involving...
17
Dec

Special Needs Trusts: Background

December 17, 2010
A self-settled special needs trust is exempt from being counted as a “resource,” for purposes...
14
Dec

Top 12 New Jersey Elder Law Cases Decided In 2010

December 14, 2010
Here are my selections for the top ten (10) twelve (12) New Jersey elder law...
20
Nov

Superior Court Judge Upholds Her Decision Authorizing The Establishment Of Third Party Special Needs Trusts Within An Intestate Estate

November 20, 2009
I previously blogged about an Order entered in July 2009 by Hon. Patricia Del Bueno...
29
Oct

Unusual Special Needs Trust Distribution Requests

October 29, 2009
Special needs trusts (also known as “supplemental needs” trusts) allow a disabled beneficiary to receive...

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