Special needs trusts (SNTs), also referred to as supplemental benefits trusts, often play an important role in helping families plan for children with special needs. SNTs allow assets to be left to a disabled or chronically ill person without disqualifying them for public benefits based on financial need, such as Medicaid. A common asset often left.. read more →
Chen Li, Esq. (http://VanarelliLaw.com/) will present on Trusts and Trust Taxation Issues impacting the New Jersey Probate and Trust Administration Process in an online seminar given by the National Business Institute (NBI) on December 15, 2022. Ms. Li will discuss aspects of the probate process and trust administration in New Jersey. Specifically, Ms. Li will.. read more →
On December 1, 2020, Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) presented at the 22nd Annual Elder and Disability Law Symposium held via ZOOM Webinar by the New Jersey State Bar Association Elder and Disability Law Section and the New Jersey Institute for Continuing Legal Education. Mr. Vanarelli spoke on planning to attain eligibility for pension benefits.. read more →
Press Release Thursday, September 3, 2020 Mark Hinkle, Acting Press Officer For Immediate Release press[email protected] The Social Security Administration announced.. read more →
The U.S. government is extending the tax-filing deadline to July 15, a move meant to give taxpayers extra time to deal with their taxes amid the COVID-19 outbreak. Taxpayers now have an extra three months to both file and make payments without interest or penalties. Originally, the federal government was going to give taxpayers until.. read more →
In December 2019, the U.S. Congress enacted into law the “Setting Every Community Up for Retirement Enhancement Act of 2019,” also known as the SECURE Act, as part of a year-end spending bill. The SECURE Act makes major changes to retirement plan rules, including inherited plans. The effective date for the new law is January.. read more →
The issue in this appeal is whether a widow can modify the retirement application of her recently deceased husband, who was a member of the Teachers’ Pension and Annuity Fund (Pension Fund), even though his application was never approved because he selected a retirement option for which he was ultimately ineligible. David and Christine Minsavage.. read more →
On March 9, 2015, I blogged about an Appellate Division case holding that marriage does not create a presumptive right to a deceased spouse’s life insurance benefits. That blog can be found here. In In re Estate of Matchuk, the Appellate Division extended that holding to funds in a deceased spouse’s retirement accounts. In Matchuk,.. read more →
On December 12, 2014, Congress passed the National Defense Authorization Act of 2015 (NDAA). Among other provisions in the NDAA, Section 624 protects the disabled children of military families by allowing their parents’ survivor benefits to go into a special needs trust. This new law permits a disabled child to benefit from a parent’s military.. read more →
On December 3rd, I presented at the 72nd Semi-Annual Tax and Estate Planning Forum sponsored by the NJ Institute for Continuing Legal Education. My presentation focused on recent developments in planning for disabled beneficiaries, including my recent victory in the New Jersey Supreme Court in the Thomas Saccone v. Board of Trustees of the Police and.. read more →
New Jersey Medicaid may not count IRAs, 401(k) and pension plans owned by the spouse of an applicant in determining eligibility if funds may be withdrawn only by borrowing against the retirement assets. Avery v. Union County Division of Social Services Rose Avery admitted her husband, Friend Avery, to a nursing home in July 1997. After.. read more →
NAELA Aids Win for Children With Disabilities of Retired New Jersey Police and Firefighters New Jersey Supreme Court decision allows survivor benefits to be designated to a special needs trust. The New Jersey supreme court’s decision to allow children with disabilities of retired police and firefighters to receive their parent’s survivor benefits without the risk.. read more →
Appearing Above, Left to Right: NAELA Board member Ron Landsman, Esq., CAP, who filed a brief for the Special Needs Alliance and argued the cause before the Court; NAELA member Donald Vanarelli, CELA, CAP, who represented Mr. Saccone and argued before the Court; and NAELA members Robert F. Brogan, CELA, CAP, and Dan Jurkovic, CELA,.. read more →
Court OKs Trusts for Disabled Kids of Cops and Firefighters For Plaintiff-Appellant Thomas Saccone: Donald D. Vanarelli (Law Office of Vanarelli & Li, LLC, attorney; Mr. Vanarelli and Whitney W. Bremer, on the brief). For Defendant-Respondent Board of Trustee of the Police and Firemen’s Retirement System: Melissa H. Raksa, Assistant Attorney General (John J. Hoffman,.. read more →
(In the midst of my oral argument before the New Jersey Supreme Court held on February 4, 2014 on behalf of Thomas Saccone. A video of the entire oral argument can be found on my website here.) Reversing contrary decisions by lower courts and administrative agencies, the New Jersey Supreme Court ruled that the disabled.. read more →
Summary of Presentation: Pensions and Special Needs Trusts Special Needs Trusts (SNTs): Special needs trusts are estate planning devices that are specifically permitted under federal and state Medicaid law, which further New Jersey’s public policy regarding the rights of the disabled. Types of SNTs: Special needs trusts may be “first party” or “self-settled” trusts (“d(4)(a).. read more →
Video of NJ Supreme Court Oral Argument to Give Public Employee the Right to Direct Pension Death Benefit to Special Needs Trust for Disabled Child
Video of Oral Argument before the New Jersey Supreme Court in Thomas Saccone v. Board of Trustees of the Police and Firemen’s Retirement System held on February 4, 2014 in Trenton, NJ. Donald D. Vanarelli, Esq., legal counsel for Thomas Saccone, a retired Newark, NJ fireman with a severely disabled adult child who receives Medicaid.. read more →
Agenda Posted Outside of the New Jersey Supreme Court on Thursday, February 4, 2014
This is the agenda posted outside the New Jersey Supreme Court on Thursday, February 4, 2014 when the Court heard oral argument in Saccone v. Board of Trustees of the Police and Firemen’s Retirement System in which the Court will decide whether public employees should be allowed to direct their pensions’ death benefits to special-needs.. read more →
New Jersey Law Journal Reports on Oral Argument in Supreme Court Special Needs Trust Case: Court Weighs Designating Trusts as Beneficiaries in State Pension Plans
(A news report published in the New Jersey Law Journal on yesterday’s oral argument in the New Jersey Supreme Court is republished in full below.) Court Weighs Designating Trusts as Beneficiaries in State Pension Plans Michael Booth, New Jersey Law Journal, February 04, 2014 New Jersey’s high court is deciding whether public employees should be.. read more →
On February 4, 2014, Donald Vanarelli, Esq. argued before the New Jersey Supreme Court on behalf of Thomas Saccone in a case entitled Thomas Saccone v. Board of Trustees of the Police & Firemen’s Retirement System. Legal counsel for four disability rights organizations filed amicus curiae, or friend of the court, briefs on behalf of Mr… read more →
(From the website of the New Jersey Judiciary) The following is the Supreme Court’s schedule for oral arguments on Feb. 4, 2014. The issues before the Supreme Court are outlined in the Appellate Division opinion in each case. (The following statements of issues on appeal are prepared by the Office of the Clerk for the.. read more →
Amicus Curiae Granted Permission To Appear Before The Supreme Court Regarding State’s Refusal To Permit Retired Firefighter To Name Special Needs Trust As Beneficiary Of Pension Benefit For His Disabled Child
On March 13, 2013, the highest court of our state granted my Petition for Certification, in which I asked the Supreme Court to consider the case of a retired fireman and his continuing battle to conduct estate planning for the benefit of his severely disabled son. This is the second time the Supreme Court has.. read more →
A federal district court judge in New Jersey granted a Medicaid applicant’s motion for a preliminary injunction, thereby enjoining the State from counting an annuity owned by her husband as an available resource in determining her eligibility for Medicaid. Flamini v. Velez, Civil No. 1:12-cv-07304 (D.N.J. July 19, 2013) Elizabeth Flamini entered a skilled nursing.. read more →
Recently, the New Jersey Supreme Court granted a Petition for Certification I filed asking the Court to review a decision of the appellate division denying a request by my client, a retired fireman, to designate as beneficiary of his public pension death benefits a special needs trust he established in his Last Will and Testament. This.. read more →
Earlier this year the New York State Legislature, prompted by the Governor’s Medicaid Redesign Team, amended Section 369 of the Social Services Law to increase New York’s right to recover money from the estate of a deceased Medicaid recipient. The amendment expands the definition of the term “estate” in the Medicaid Law to include non-probate.. read more →
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