Category

Trustees
Illustration of legal concept: last will and testament
07
Feb

Last Will and Testament May be Construed to Create a Testamentary Trust, Even if the Term “Trust” Does Not Appear in the Will

February 7, 2025
A husband and wife, Peter and Nghia, executed Wills on the same day, and both...
06
Apr

How to Write a Memorandum of Intent to Guide the Trustees of a Special Needs Trust

April 6, 2017
The Memorandum of Intent is a personal letter drafted by you intended to give your...
24
Feb

Appeals Court Upholds $21 Million Punitive Damage Award in Elder Abuse Lawsuit

February 24, 2017
A California court of appeals affirmed a jury award against the owner of a construction...
02
Dec

Special Needs Trusts and Divorce / Part 1: Alimony and Property Settlement Agreements

December 2, 2016
(On December 1, 2016, I moderated the first Advanced Special Needs Trust Symposium, an all-day...
15
Aug

Trust Instrument Does Not Immunize Trustee From Liability For Breaching Duty Of Undivided Loyalty To Beneficiaries

August 15, 2016
In 1992, Ann Mark created two irrevocable trusts for the benefit of her three children....
08
Jul

Federal Appeals Court Rules Special Needs Trust Distributions May Not Be Counted As Income By Section 8 Housing Program

July 8, 2016
Reversing a federal district court, the U.S. Court of Appeals for the First Circuit ruled...
30
May

Damages and Counsel Fees Against Trustee Affirmed, and Co-Trustee Not Liable for Failing to Stop Trustee’s Misconduct

May 30, 2016
The decedent, Evelyn Berry, had been married twice. At the time of her death, the...
01
May

10 Costly Mistakes to Avoid When Administering a Special Needs Trust

May 1, 2016
The mission of the Academy of Special Needs Planners (ASNP) is to maintain a professional organization...
24
Mar

Chancery Division OKs Trust Decanting, Despite Beneficiary’s Opposition

March 24, 2016
In re Trusts for Stefanidis-Perez is a consolidated case involving two trusts in which the...
15
Apr

Distributions From Special Needs Trust Cause Ineligibility For Housing Assistance Under Section 8 Program

April 15, 2015
A federal district court ruled that a public housing authority properly counted distributions from a...
10
Mar

Virginia Lawyer Who Bungled Client’s Will Liable to Will Beneficiaries, While Claims Filed by Trust Beneficiaries against Florida Lawyer Dismissed

March 10, 2015
As a general rule, an attorney hired to prepare a will or trust for a...
09
Oct

Major Overhaul of Medicaid, Extending Eligibility to Many New Jersey Residents, Scheduled for November 1, 2014

October 9, 2014
New Jersey’s Qualified Income Trust Template For many years, Medicaid programs available to elderly and...
11
Feb

The Top 10 Elder Law Court Rulings of 2013

February 11, 2014
The annual roundup of the top 10 11 elder law decisions from across the country...
06
Feb

Agenda Posted Outside of the New Jersey Supreme Court on Thursday, February 4, 2014

February 6, 2014
This is the agenda posted outside the New Jersey Supreme Court on Thursday, February 4,...
05
Feb

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

February 5, 2014
(A news report published in the New Jersey Law Journal on yesterday’s oral argument in...
04
Feb

Opening Statement Made Before New Jersey Supreme Court In Special Needs Trust Case

February 4, 2014
On February 4, 2014, Donald Vanarelli, Esq. argued before the New Jersey Supreme Court on behalf...
28
Aug

Trustees of Special Needs Trust Who Failed To Inquire Into Disabled Beneficiary’s Condition And Needs Breached Their Fiduciary Duty

August 28, 2013
A New York judge held that the trustees of a special needs trust have a...
05
Aug

NY Trustee Ordered To Repay Special Needs Trust For Distributions Made For Goods And Services Obtainable From Public Benefits

August 5, 2013
Justice Laura L. Jacobson, a  New York trial judge, held that a trustee of a...

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