For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal.. read more →

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 education,.. read more →

This blog post discusses recent changes in how the Social Security Administration (SSA) evaluates disbursements from trusts, particularly special needs trusts. SSA regulations are published by the agency and compiled in the Program Operations Manual System (POMS). The POMS is a primary source of information used by Social Security employees to process claims for Social.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning _______________________________________________ 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 education, special.. read more →

(The following blog post is adapted from a summary of this case on the ElderLawAnswers website. Mr. Vanarelli is a founding member of ElderLawAnswers.) A New York appeals court ruled that a lower court erred in ordering the trustee of a special needs trust (SNT) to personally pay various fees and costs associated with the.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →

The decedent was estranged from her daughter Cheryl, the defendant, for almost 25 years, but they reconciled shortly before her death, when the decedent was ill. In 1996, the decedent and her husband had executed wills and a trust, excluding Cheryl from their estates. In 2006, the decedent and her husband consulted with a special.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning For additional information concerning New Jersey elder law, 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 For additional information concerning Social Security and Supplemental Security Income (SSI) disability appeals, visit: Social Security Disability Appeals       read more →

After a trial court, expressing its disagreement with the legislative policy underlying special needs trusts, placed only a portion of the net settlement proceeds of a lawsuit brought on behalf of a severely disabled person into a special needs trust and ordered the remaining funds be paid directly to the disabled person, resulting in the.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning For additional information concerning VA compensation and pension benefits, visit: VA Compensation and Pension Benefits read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →

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Trustees of special needs trusts are increasingly relying on “administrator-managed prepaid debit cards,” such as True Link cards, when disbursing funds to beneficiaries.  These cards offer trust beneficiaries greater independence and the ability to get what they need more quickly.  But such cards existed in a regulatory gray area as far as the Social Security.. read more →

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 special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →

Recently, the Social Security Administration (SSA) published Transmittal No. 74, revising Part 05 of SSA’s Program Operations Manual System (POMS) covering Resource Exclusions in the Supplemental Security Income (SSI) Program pertaining to Achieving a Better Life Experience (ABLE) Accounts.  In the introduction to the new ABLE POMS, SSA said: Background This transmittal includes the current published guidance.. read more →

A New Jersey appeals court vacated an order approving a settlement and placing it in a special needs trust (SNT), ruling that there was no “meeting of the minds” between the parties. V.M. v. Jersey Shore University Medical Center, (N.J. Super. Ct. App. Div., A-0781-16T1, Nov. 3, 2017). LaTanya Murphy and her adult son V.M… read more →

Our law firm has created a number of Legal Guides for our clients and website guests to provide a better understanding of important and oftentimes complex legal subjects. The Legal Guides are offered free of charge. One of the Legal Guides available to the public discusses Special Needs Trusts and Special Needs Planning. Parents of children.. read more →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will provide an overview of the use of Special Needs Trusts (SNTs) by disabled persons so as to prevent an applicant’s financial assets and income from impacting eligibility for needs-based public benefits such as Supplemental Security Income (SSI), Medicaid, services from the Division of Developmental Disabilities (DDD), Section 8 Housing and.. read more →

I came across the 2018 version of a Social Security Administration (SSA) publication below. Not only has the agency updated the publication to include Special Needs Trusts, but SSA added information about Achieving a Better Life Experience (ABLE) accounts as well.  And the agency included hyperlinks to other helpful information. This may assist applicants with.. read more →

The amount that people with disabilities can deposit in an ABLE account each year without jeopardizing eligibility for needs-based governmental benefits will rise from the current $14,000 to $15,000 starting in 2018. Under the law, total annual deposits to ABLE accounts are limited to the federal gift tax exclusion limit set by the IRS. The.. read more →

The 19th Annual Elder and Disability Law Symposium was held on November 9, 2017 at the New Jersey Law Center in New Brunswick, NJ. As in past years, I presented the case law update at the opening plenary session. This year I summarized 40 elder and disability law cases decided from September 2016 through August.. read more →

New Jersey’s ABLE law (the acronym is short for “Achieving a Better Life Experience”) went into effect a few months ago, in October 2016.  Under the new law, New Jersey’s Department of Human Services and the Department of the Treasury are required to establish the ABLE Program pursuant to federal law. Persons who became disabled.. read more →

The Memorandum of Intent is a personal letter drafted by you intended to give your trustees insight and information regarding services, supports and other personal matters affecting the beneficiary of a special needs trust you created. This letter does not convey legally binding directions like those in a trust. Rather, a Memorandum of Intent is.. read more →