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 →

The needs-based pension program from the Department of Veterans Affairs (VA) is a disability benefits program available to compensate veterans for non-service-connected disabilities. Like the VA compensation program, the pension program is based upon disability. However, unlike the VA compensation program, the pension program is also based on income and need, and the veteran’s disability.. read more →

T.M., a 23 year old disabled woman, has spinal muscular atrophy, is paralyzed, and is dependent on a ventilator to breathe. She resides with her grandmother who is also her primary caregiver. For many years, T.M. had been receiving private duty nursing (PDN) and personal care assistance (PCA) services through Medicaid under the Early and.. read more →

H.T. was admitted to a nursing home in Union City, NJ. Soon thereafter, a Medicaid application for the Nursing Home Medicaid program was filed on H.T.’s behalf. Under the Medicaid regulations, applicants for the Nursing Home Medicaid Program must be found clinically eligible to qualify for benefits. After an evaluation by the Medicaid agency to.. read more →

L.A., a nursing home resident, applied for Medicaid benefits to pay for long-term care costs. G.A., L.A.’s husband, and L.A. employed a firm to assist them with the Medicaid application process. Although years before filing the Medicaid application G.A. and L.A. transferred their home into a revocable trust, the firm failed to provide copies of.. read more →

Moses Ratowsky created an irrevocable trust for the benefit of his grandson, Daniel Schreiber (hereinafter the grandson). Petitioners, the co-trustees of the irrevocable trust, filed an application to appoint the principal of the trust to a new special needs trust that would allow the grandson to retain the benefits of the original trust while preserving.. read more →

E.S. was admitted to Brookdale Assisted Living Facility (Brookdale) in April 2015. E.S. was paying for care privately from her own savings at that time. Realizing in December 2016 that E.S.’s financial resources would cover the cost of care for only a few more months, B.S., E.S.’s daughter and authorized representative, asked Brookdale to start.. read more →

In August 1998, M.A., and her daughter, also named M.A., opened a bank account at Hudson United Bank, which is now TD Bank. M.A.’s daughter contributed all of the funds to the bank account. While both petitioner and her daughter each had a legal right to independently withdraw funds from the bank account, petitioner never.. read more →

Peter and his brother Sheldon are the only children of Anna Biber. Anna owned a home in Morristown, where she lived with Sheldon. In 1994, when Anna’s health began to decline, Peter was appointed her guardian. In 1998, Anna’s healthcare expenses increased significantly. Since his mother had insufficient assets to pay for care, Peter began.. read more →

New Jersey appeals court held that a nursing home does not have standing to bring a lawsuit against the daughter/power of attorney of a resident who transferred the resident’s money to herself, causing a Medicaid penalty period. Future Care Consultants v. M.D. (N.J. Super. Ct., App. Div., No. A-4565-17T1, July 5, 2019). M.D. cared for her.. read more →

M.M. filed for Medicaid benefits on three occasions. In June 2018, M.M. filed her first Medicaid application. Benefits were denied due to excess income; that is, her income exceeded the monthly cost of the assisted living facility (ALF) where she resided. She received $6,141.93 per month from an annuity she purchased for $73,673.11 in May.. read more →

The decedent’s eldest daughter Francine was the executrix of her estate. In 2011, the attorney for the executrix forwarded an informal accounting and Refunding Bond & Release (the “Refunding Bond”) to the executrix’s sister Susan (a beneficiary of the estate), who signed and returned the Refunding Bond the next day. Eight years later, Susan sued.. read more →

N.S., who was 87 years old and residing in a nursing home, submitted an application for Medicaid benefits through his authorized representative, L.P. Prior to his admission to the nursing home, N.S. resided with his wife, D.S., who was 86 years old. For months after the application was filed, the Medicaid caseworker requested additional documents.. read more →

Louis Keppel hired Donna Thomas as a home health aide. Thomas was employed by Angela’s Angels Home Healthcare and Angela’s Angels, LLC. Keppel died intestate. Dolores Guttmann and Thomas Loikith were appointed co-administrators of his estate. Guttmann and Loikith discovered that Thomas misappropriated 192 checks from Louis Keppel over a two-year period. In that regard,.. read more →

A power of attorney does not have to return money she took from her now deceased principal because the power of attorney removed the money for Medicaid planning purposes. In re Estate of Hirnyk (Pa. Super. Ct., No. 84 WDA 2018, April 16, 2019). Maria Hirnyk, a Ukrainian immigrant, did not drive and required assistance with.. read more →

In 1986, Plaintiff Andres Nieves, Sr. purchased a home in Dover, New Jersey (the “home”) with his son, Andres Nieves, Jr. (“Nieves, Jr.”) In 2002, plaintiff suffered a stroke rendering him unable to perform various “activities of daily living” without assistance. Plaintiff resided in the home with his son until he entered a long-term care.. read more →

Z.P. was a resident of Aristacare at Cedar Oaks in South Plainfield, New Jersey. Z.P. filed for Medicaid benefits and was found to be medically and financially eligible as of December 1, 2016. However, Z.P. made transfers for less than fair market value within five years of the application date for Medicaid. As a result,.. read more →

A Texas appeals court held that the state could not count the assets of a Medicaid applicant as “available resources” under the Medicaid rules because the applicant was incapacitated and not able to liquidate the assets. Texas Health and Human Services Commission v. Marroney (Tx. Ct. App., No. 03-18-00190-CV, May 24, 2019). Anna Marroney suffered a.. read more →

Petitioner, a severely impaired young woman, resides at home with her father, her primary caregiver. She requires monitoring 24 hours a day. She cannot eat or speak, and is unable to sit, stand or change positions on her own. She is fed and hydrated through a gastrostomy tube. She experiences frequent seizures, which occur even.. read more →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2019 “Elder Law in a Day” seminar given by the New Jersey Institute for Continuing Legal Education on July 10, 2019 at the New Jersey Law Center in New Brunswick, New Jersey. Mr. Vanarelli will provide the case law update, summarizing the most significant legal developments.. read more →

In a decision by Honorable Robert P. Contillo, P.J.Ch. that was affirmed by our Appellate Division, the court analyzed complex family relationships to determine if gifts were made in good faith or the result of undue influence. The decedent had two children. Her daughter (the plaintiff) was the executrix and a beneficiary of her estate… read more →

J.G., an indigent nursing home resident, applied for Medicaid benefits. While his Medicaid application was pending, J.G. passed away. Thereafter, the Essex County Division of Family Assistance and Benefits, the county welfare agency, denied J.G.’s Medicaid application, concluding he was ineligible as he died before eligibility could be met. Future Care Consultants, J.G.’s designated authorized.. read more →

New Jersey appeals court allows an assisted living facility pursue a tortious interference with contractual relationship claim against a discharged resident’s son after the son refused to move his mother out of the nursing home or allow her to discuss her removal with the facility staff. The Orchards at Bartley Assisted Living v. Schleck (N.J… read more →

Petitioner, J.F., through his daughter and power of attorney, M.P., applied for Medicaid benefits. The county welfare agency requested five years of bank statements from his checking account and told him the application would be denied if the requested information was not provided by April 23, 2015. M.P. asked for an extension of time. In.. read more →

The decedent’s godchildren sought to probate a purported will that the decedent had neither reviewed nor signed. The decedent, who was 90 and in fragile health, had had a telephone conversation with an attorney she had never met. Based upon that conversation, the attorney drafted the decedent’s 17-page will. The decedent never had the opportunity.. read more →