Law Office of Donald D. Vanarelli Blog

After an individual’s death, litigation regarding the decedent’s estate can arise in a variety of contexts. A common claim asserted in a lawsuit challenging the validity of a decedent’s Last Will and Testament is that the will was the result of “Undue Influence.” “Undue Influence” is defined by our courts as “’mental, moral or physical’ [...]

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After an individual’s death, litigation regarding the decedent’s estate can arise in a variety of contexts. A common claim asserted in an estate litigation is that the decedent lacked “testamentary capacity” (the capacity to make a will). An individual’s mental capacity is judged based upon the transaction or act that the person is undertaking. One [...]

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When a party believes that the decedent’s estate was depleted prior to his or her death as a result of gifts allegedly made by the decedent, an improvident gift claim may be asserted. In contrast to testamentary dispositions, in which both a confidential relationship and suspicious circumstances are required to raise a presumption of undue [...]

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Several weeks ago, on Sunday, November 20th, I was a guest on The Caring Generation, a radio show airing on 630 KHOW-AM, a Talk Radio Station broadcasting from Denver, Colorado, and on the internet. The show is hosted by Pamela D. Wilson, who identified herself as the “Care Navigator.” The Caring Generation is about “the [...]

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I am presently involved in a lawsuit in which my clients, three adult children of their now deceased father, are suing their deceased father’s former agent under a Power of Attorney. As alleged in the Verified Complaint filed by plaintiffs, the adult children claimed that the decedent either was incompetent when he signed the Power [...]

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Matter of Mildred B. Trocolor involved a dispute between two of the decedent’s adult children who were co-executors of the decedent’s estate. The decedent’s daughter, Daryl, brought the lawsuit, alleging that, while the decedent, Mildred B. Trocolor, was alive, the defendants, her brother Robert and his wife, Genevieve, stole substantial sums of money from the [...]

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Below are figures for 2010 that are frequently used in an estate planning / elder law practice or of interest to clients. Medicaid Spousal Impoverishment Figures for 2010 Unchanged From 2009: The minimum community spouse resource allowance (CSRA) remains $21,912, as does the maximum CSRA, $109,560. The minimum monthly maintenance needs allowance remains $1,821.25 until [...]

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[I received the following email from the National Senior Citizens Law Center and affiliated groups concerning a survey being conducted in order to “raise awareness of the issues facing older adults who are lesbian, gay, bisexual and transgender (“LGBT”) and live in nursing homes, assisted living facilities and other long-term care facilities.” Because I believe [...]

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The case of Detloff v. Absecon Manor Nursing Center, Docket No. A-5941-07T2 (App. Div., August 4, 2009) arose out of the care and treatment provided to decedent while she was admitted at defendant Absecon Manor, a long-term care facility. Plaintiff, executrix of the estate of Mary Mazzei, filed a complaint alleging nursing malpractice supported by [...]

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In a landmark opinion that recognizes a new category of lawsuits, the 3rd U.S. Circuit Court of Appeals ruled yesterday that the Federal Nursing Home Reform Amendments (FNHRA), 42 U.S.C. § 1396r et seq, gives residents of county-run nursing homes the right to bring civil rights claims to challenge the quality of their treatment. grammar-v-john-j-kane-regional-centers, [...]

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