Law Office of Donald D. Vanarelli Blog

New Jersey Elder Law, Estate and Special Needs Planning, Mediation and Collaborative Family Law NJ

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Entries from August 2009

Surrogate’s Court in New York Reforms Will to Allow Disabled Beneficiary to Obtain Benefits of a Supplemental Needs Trust

August 31st, 2009 · No Comments

In a probate case entitled In the Matter of the Estate of Rose Rappaport, 866 N.Y.S.2d 483 (Sur. Ct. Nassau County, September 29, 2008), the decedent was survived by four adult children, one of whom was disabled.  A guardian ad litem was appointed for the child with a disability.  A trust was created under Article [...]

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Tags: Special Needs Trusts · Trust Reformation

Average Processing Time For Appeals Filed In Social Security’s Office Of Hearings And Appeals In Newark NJ – Ever Higher!

August 28th, 2009 · No Comments

Each month, the Social Security Administration (SSA) produces a report ranking all of the hearings offices in the agency based upon the average time to process an appeal at the Office of Hearings and Appeals level. The report is based upon the average time taken by SSA to process all claims completed in the month [...]

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Tags: Social Security Benefits

Increasingly, Seniors Are Selling Their Life Insurance Policies To Replenish Depleted Retirement Savings

August 27th, 2009 · No Comments

According to a recent article in the August 24th edition of The Dallas Morning News, seniors battered by the tough economy are selling their life insurance policies to replenish their retirement nest eggs.  Unlike younger investors, older adults may not have the time to wait for the market to recover all of their losses, so [...]

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Tags: Estate Planning · Life Settlements

New Brochure From The National Elder Law Foundation Explains Why Certification In Elder Law Is So Important

August 24th, 2009 · No Comments

Attorneys certified in elder law offer something that other attorneys do not:  professional expertise in the unique needs of older, maturing populations and those people with disabilities. A Certified Elder Law Attorney (also called a “CELA”) is not just an authority on legal issues affecting seniors, he or she is also familiar with other vital [...]

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Tags: Elder Law · Special Needs Planning

Judicial Conference Establishes Guidelines On How And When Courts Can Cite Internet Sources In Opinions

August 24th, 2009 · No Comments

Judges, like everyone else, have been affected by the treasure trove of information available on the internet, and have slowly begun basing judicial decisions on internet sources. However, until recently citing internet sources in judicial opinions has been a haphazard affair, with little guidance provided anywhere on how to identify reliable sources, how to present [...]

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Tags: Blogs and Blogging · Lawyers and Lawyering · News Briefs

Millions Of Retired And Disabled Social Security Beneficiaries Face Shrinking Social Security Checks Next Year

August 23rd, 2009 · No Comments

About 50 million retired and disabled Americans receive Social Security benefits. The average monthly benefit for retirees is $1,153 this year. Social Security benefits are increased each year to keep pace with increases in the cost-of-living. The cost-of-living adjustment (COLA) is pegged to inflation. However, since inflation has been negative this year, the trustees who [...]

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Tags: Social Security Benefits

New Statutory Short Form Power Of Attorney And New Major Gifts Rider Form Now Available For New York State

August 21st, 2009 · No Comments

A new New York form updating and replacing the old New York Power of Attorney form has been developed and is available below on this blog. Also available on this blog is the new New York Statutory Major Gifts Rider form that must be completed in order to grant an agent under a power of [...]

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Tags: New Laws · Powers of Attorney

Elder Mediation Training In New Jersey – CEU Opportunity

August 15th, 2009 · No Comments

The Elder Mediation Center of New Jersey (EMC-NJ), a collaborative alliance of independent mediators, attorneys and a geriatric care manager, will present a training session for mediators who wish to expand their knowledge of the specialized field of elder mediation. The training session, to be held on November 10, 2009 from 9:00 a.m. – 1:00 [...]

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Tags: Elder, Estate, Probate and Guardianship Mediation

Courts in Ohio and Massachusetts Rule, Contrary To New Jersey, That A Community Spouse’s Post-DRA Annuity Purchase Is Not an Improper Transfer

August 11th, 2009 · No Comments

As I blogged here, the New Jersey appellate court, in N.M. v. Division of Medical Assistance and Health Services, 405 N.J. Super. 353  (App. Div. 2009), certif. den., 199 N.J. 517 (2009), held that an annuity purchased for the sole benefit of the community spouse after the effective date of the Deficit Reduction Act of [...]

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Tags: Annuities · Medicaid Planning

Citing Inside Sources, Legal Blogger Predicts Likely Federal Estate Tax Legislative Scenario

August 10th, 2009 · 1 Comment

Gregory Herman-Giddens, Esq., an attorney and certified financial planner, writes the North Carolina Estate Planning Blog, a good source of news from the estate planning arena. On August 5th, Gregory blogged about his prediction for upcoming legislative events involving the federal estate tax. He says the prediction is based on “inside sources”, and it does [...]

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Tags: Estate and Gift Taxes · Estate Planning