Law Office of Donald D. Vanarelli Blog: Elder Law

Home -> Law Blog Directory -> Elder Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Elder Law

Law Office of Donald D. Vanarelli Blog

New Jersey Elder Law, Estate and Special Needs Planning, Mediation and Collaborative Family Law.
By Donald D. Vanarelli

Post Frequency: 5.2/day

Last Entry: July 09, 2009 at 18:18:42

State Tax Incentives for Long-Term Care Insurance in New Jersey and New York

Posted on February 19, 2009
New Jersey allows a deduction of medical expenses, including long-term care insurance premiums, to the extent that they exceed 2% of adjusted gross income. N.J. Stat. Sec. 54A:3-3 New York, on the other hand, provides a tax credit of 10% of the premiums for long-term care policies approved by the Superintendent of Insurance pursuant to Section [...

Economic Stimulus Bill Dramatically Boosts Spending for Special Education and Low Income Students

Posted on February 18, 2009
The economic stimulus bill, which President Obama signed yesterday, dramatically ramps up spending for a broad array of social programs for needy and disabled Americans. The bill raises federal spending for schools that serve largely low-income students from $14 billion to more than $27 billion...

House passes H.R. 448, the Elder Abuse Victims Act of 2009

Posted on February 18, 2009
The House of Representatives has passed the Elder Abuse Victims Act of 2009 (H.R. 448). The bill authorizes funding “to protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors and other law enforcement [...

An Introduction to Capacity Assessments

Posted on February 16, 2009
(I am happy to welcome my friend and colleague Eileen A. Kohutis, Ph. D. to the Law Office of Donald D. Vanarelli Blog as a guest blogger. Eileen is a psychologist in private practice in Livingston and Liberty Corner, New Jersey. Eileen and I met last year when we were both helping to form the [...

To access this complete feed in the blog feed reader login or register for free.

Denial of Medicaid Eligibility After Court Reformed Testamentary Trusts in Parents? Wills to Special Needs Trusts Reversed on Appeal

Posted on February 14, 2009
In the ec-v-division-of-medical-assistance-and-heath-services case, the petitioner E.C. was a 67 year old physically and developmentally disabled woman who resided in a nursing home. Both of her parents were deceased. The parents had established testamentary trusts in both of their wills for the benefit of E...

Supreme Court OKs Payment Of Pension Plan Benefits To Designated Ex-Spouse Beneficiary Despite Her Waiver Of Rights To Pension In Divorce Judgment

Posted on February 14, 2009
A new Supreme Court decision illustrates the importance of making sure your beneficiary designations are up-to-date. The Supreme Court has unanimously ruled that a plan administrator properly distributed benefits under an ERISA pension plan to a deceased participant’s ex-spouse, as she was the only designated beneficiary, even though she had waived her interest in plan [...

New Jersey Will Receive At Least $2.2 Billion In Medicaid Aid From Stimulus Package

Posted on February 13, 2009
New Jersey will receive an additional $2.2 billion for its Medicaid program under the stimulus package emerging from Congress, providing a financial boost to a safety-net program that officials say will face more demands as the recession continues. With the economy battering state revenues, N...

Supreme Court Rules on Long Term Disability Conflict of Interest

Posted on February 12, 2009
The U.S. Supreme Court has affirmed earlier holdings that a conflict of interest exists in long term disability (LTD) cases when the same entity (such as an employer or an insurance company) determines whether an employee is eligible for benefits and also pays these benefits to the employee...

ABA Launches National Clearinghouse for Mediator Ethics Opinions

Posted on February 10, 2009
The ABA Section of Dispute Resolution Ethics Committee has created a national clearinghouse for mediator ethics opinions and decisions. The clearinghouse provides a searchable database with hundreds of opinions on mediator ethics. It includes public domain opinions from 43 states, thus providing the first place to consult for ethical guidance on the practice of mediation...

Top 10 New Jersey Family Law Cases Decided In 2008

Posted on February 10, 2009
On January 31, 2009, the New Jersey Institute for Continuing Legal Education hosted the annual Family Law Symposium, a “must attend” annual learning event for family law attorneys practicing in New Jersey. One of the presenters at the Symposium presented his “top 10 family law cases decided in 2008...

Social Security Administration increases limit on SSA and SSI claims-related fee agreements

Posted on February 10, 2009
The Social Security Act (Act) provides a streamlined process for an attorney to obtain approval of the fee he or she wishes to charge for representing a claimant before the Social Security Administration (SSA) in claims for Social Security and Supplemental Security Income benefits...

Palimony-in-Writing Bill Passed by Senate Judiciary Committee

Posted on February 09, 2009
The Senate Judiciary Committee recently approved bipartisan-sponsored legislation that would require all palimony agreements to be in writing and signed in order to be enforceable. The bill, S-2091, amends N.J.S.A. 25:1-5, which already requires that prenuptial agreements be put into writing, to include palimony agreements...

Use This Negotiation Preparation Form To Help You Prepare For Your Next Mediation

Posted on February 08, 2009
If you want to achieve optimal results in a mediation or other type of negotiation, you must be organized, know your case well and know as much as possible about your opponent?s case. The Negotiation Preparation Form below, adapted from a similar form in the excellent materials provided by Professor Charles B...

Comparison of the Costs of Divorce: Mediation vs. Collaborative vs. Litigation

Posted on February 08, 2009
A recent article on the MSNBC website entitled More Couples Seeking Kinder, Gentler Divorces contains an interesting comparison of the costs involved in mediated, collaborative and litigated divorces. The comparison was prepared by the Boston Law Collaborative, a law firm in Boston where the staff includes a psychologist and a financial planner...

February 8th is Autism Sunday

Posted on February 08, 2009
Sunday, February 8th, has been designated as Autism Sunday, an international day of prayer for those with autism spectrum disorders. Autism Sunday was first held in 2002 during Autism Awareness Year in the United Kingdom. This event is a new way to raise autism awareness around the world: World Church Leaders have sent messages of support [...

Immediate Annuities and Long-Term Care Planning

Posted on February 06, 2009
The Benefits of Immediate Annuities An immediate fixed annuity may be the answer for those seeking a steady stream of income in retirement. When you purchase an immediate fixed annuity, you give a lump sum to an insurance company. The insurance company then pays you a set amount each month for the rest of your life...

Alzheimer?s group pushes for ?Silver Alerts? in New Jersey

Posted on February 06, 2009
New Jersey may soon join a growing number of states that issue alerts when a person with Alzheimer’s disease, dementia or similar age-related cognitive impairments goes missing. Lawmakers are considering a bill that would create “Silver Alerts,” community alerts similar to the widespread Amber Alert program that is used to locate and recover missing children...

Executor Can Impose Trust To Prevent Surviving Spouse?s Unjust Enrichment

Posted on February 04, 2009
An executor may block a surviving spouse’s attempts to withdraw assets from a decedent’s estate where the couple was in the midst of a divorce at the time of his death and the transfers would result in unjust enrichment, a New Jersey appeals court recently ruled...

VA Continues To Underestimate The Costs Of Long-Term Care For Disabled Vets

Posted on February 03, 2009
The long-term budget plan developed by the Department of Veterans Affairs (VA) for rehabilitating veterans in nursing homes, hospices and community centers is flawed and underestimates costs by millions of dollars, according to a Government Accountability Office report released recently, the AP/Philadelphia Inquirer reported...

New Jersey Court Rules For The First Time That An Annuity Owned By The Community Spouse Is Not An Available Resource In Determining The Institutional Spouse?s Eligibility For Nursing Home Medicaid Benefits

Posted on February 03, 2009
As I reported here and here, federal district and appellate courts in Pennsylvania have ruled that an annuity purchased with a couple?s excess resources and payable to the community spouse is not countable in determining the institutionalized spouse?s eligibility for nursing home Medicaid benefits...

Annual Estate and Gift Tax Exclusions in 2009

Posted on February 03, 2009
Every year the Internal Revenue Service publishes new rates and tables for a variety of tax exemptions. Here are the 2009 annual estate and gift tax exclusions, effective as of January 1, 2009. 1) The Annual Gift Tax Exclusion is $13,000 in 2009. As a result of the 2009 annual gift tax exclusion, any person can [...

Life Settlement Planning Opportunities

Posted on February 01, 2009
(I previously blogged about life settlements here, but there’s much more to say about the subject. Thus, I asked my colleague, Joel Kastin, an insurance broker, to contribute an article discussing life settlements, and he agreed to participate...

Medicaid Applicant Denied Fair Hearing After Her Power of Attorney Waited Too Long to Appeal Denial of Medicaid Application

Posted on January 31, 2009
A New Jersey appeals court recently determined that a Medicaid applicant is not entitled to a fair hearing to appeal the state’s assessment of a one-month penalty period because her representative waited more than three months after the decision to request the hearing...

Principles And Guidelines For The Practice Of Collaborative Law

Posted on January 30, 2009
I. Goals 1. Our goal is to create settlement options for the benefit of ourselves and our families; and to minimize, if not eliminate, the negative economic, social and emotional consequences of divorce for ourselves and our families. 2. We will strive to be honest, cooperative and respectful as we work in this process to achieve [...

NJ Appellate Court Holds That Mere Friction Or Hostility Between A Beneficiary And A Trustee or Executrix Is Not Sufficient Grounds For Removal Of A Fiduciary

Posted on January 29, 2009
In an unpublished opinion, the Superior Court, Appellate Division, reversed a trial court’s judgment summarily removing the executrix of an estate and appointing an independent third party administrtor based upon a finding that the executrix and beneficiary did not get along...

New Banner For The Elder Mediation Center Website

Posted on January 28, 2009
We at the Elder Mediation Center are thinking of trying out a new banner, to accompany the new look at our Elder Mediation Center of New Jersey website. What do you think? Here’s our new creation:

Upcoming Program For Professionals Engaged In The Field Of Aging Sponsored By The Elder Mediation Center Of New Jersey

Posted on January 28, 2009
The Elder Mediation Center of New Jersey invites you to explore the practice of Elder Mediation. This program is designed for professionals engaged in the field of aging, including geriatric care managers, social workers, discharge planners, case managers, attorneys and mediators...

Bills Would Deprive Abusive Parents of Alimony And Inheritance Rights

Posted on January 27, 2009
Recently, the Senate and Assembly judiciary committees unanimously recommended passage of legislation that would eliminate alimony and inheritance rights for parents who abuse, abandon, neglect or cause the death of their children. Under current law, noneconomic fault is irrelevant to alimony awards except in egregious circumstances, and the intestate share of a decedent child is [...

Measure Would Mandate That Palimony Pacts Be In Writing

Posted on January 27, 2009
Recently, New Jersey’s Senate Judiciary Committee signaled bipartisan support for legislation that would require that all palimony agreements be in writing and signed to be enforceable in court. The bill, s2091, would amend N.J.S.A. 25:1-5 by adding a new paragraph stating, “A promise by one party to a non-marital personal relationship to provide support for the other [...

The Basics of VA Compensation Benefits and the Effect that the receipt of VA Compensation will have upon Eligibility for SSI and Medicaid Benefits

Posted on January 26, 2009
If a person with disabilities is a veteran, a child of a veteran, the spouse of a veteran, or the parent of a veteran, the disabled person may be eligible to receive benefits from the U.S. Department of Veterans Affairs (VA). Moreover, the receipt of these benefits may jeopardize Supplemental Security Income (SSI) or Medicaid [...

Previous | Next

Related Law Bulletins

New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...

The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...

The Implicit Religious Test for Office
Namoi Schalit, opinion editor of Maine's Kennebec Journal offers a...