Law Office of Donald D. Vanarelli Blog

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

Law Office of Donald D. Vanarelli Blog header image 4

Entries from March 2010

NJ Supreme Court Rules That The Attorney-Client Privilege Protects Worker’s E-Mail Exchanges With Lawyer On Company Laptop

March 31st, 2010 · No Comments

Yesterday, the New Jersey Supreme Court ruled that the attorney-client privilege protects e-mails between a would-be plaintiff / employee and her attorney discussing a possible employment lawsuit against the plaintiff’s employer that were transmitted on the corporate laptop of the employer. In Stengart v. Loving Care Agency, Inc., ___ N.J. ___ (Docket No. A-16-09, March [...]

[Read more →]

Tags: Attorney-Client Privilege · Lawyers and Lawyering · Litigation · New Cases · Web Sites and the Internet

Top Vanarelli Law Office Blog Posts: March 2010

March 31st, 2010 · No Comments

It’s the end of the month. Time for a review of March’s most popular articles posted to the Vanarelli Law Office Blog. The original post date, along with a short summary of the content of each post, are included after each hyperlinked title. Tweeting The ABA TechShow – March 28, 2010. Here, I presented a [...]

[Read more →]

Tags: Blog Roundup and Highlights

Medicaid Eligibility And The Pickle Amendment

March 30th, 2010 · 1 Comment

Named after its Congressional sponsor and enacted in 1977, the Pickle Amendment created a separate category of Medicaid eligibility. Under the Pickle Amendment, an individual who received both Social Security benefits (SSA) and Supplemental Security Income (SSI) benefits but became ineligible for SSI due to cost-of-living adjustments (COLA) in the SSA benefit will remain eligible [...]

[Read more →]

Tags: Governmental or Public Benefit Programs · Medicaid · Social Security Benefits · Supplemental Security Income (SSI) Benefits

Payment For Care Under A Contract Is Not Transfer For Fair Market Value And Results In A Penalty Period Under Medicaid

March 29th, 2010 · No Comments

A New Jersey appeals court recently held that a life care contract between a nursing home resident and her daughter, in which the resident paid her daughter a lump sum for the future provision of personal care services, is not a transfer for fair market value for the purposes of Medicaid eligibility. E.S. v. Division [...]

[Read more →]

Tags: Care Contracts · Governmental or Public Benefit Programs · Medicaid · Medicaid Planning · New Cases

Top Vanarelli Law Office Blog Posts: Week of March 21 – 27, 2010

March 28th, 2010 · No Comments

In case you missed them, here are last week’s most popular articles on the Vanarelli Law Office Blog: What Does A Court Mean When Litigants Are Ordered To “Mediate In Good Faith?” – This post discusses two recent non-NJ courts who have taken a look at what constitutes “good faith” when parties involved in a [...]

[Read more →]

Tags: Blog Roundup and Highlights

Tweeting The ABA TechShow

March 28th, 2010 · 1 Comment

Each year, the Law Practice Management Section of the American Bar Association (ABA) presents the ABA Techshow, billed as “the world’s premier legal technology conference and exposition.” This year, like each of the 23 prior years in which the ABA Techshow was held, I did not attend. However, this year, unlike years past, I actually [...]

[Read more →]

Tags: Future of the Legal Profession · News Briefs · Technology

New Jersey Elder Law and Special Needs Planning Attorney Donald D. Vanarelli Again Selected As A “Super Lawyer” in 2010

March 27th, 2010 · No Comments

Donald D. Vanarelli, Esq., with offices at 242 St. Paul Street, Westfield, NJ, has been selected as a “New Jersey Super Lawyer” in the areas of Elder Law and Special Needs Planning in 2010.  This year, only 23 attorneys in New Jersey were selected as “Super Lawyers” in the practice area of Elder Law and [...]

[Read more →]

Tags: Personal Achievements and Awards

Son Not Liable For Unpaid Nursing Home Bill Even Though Transfer Of Father’s Home To Son Caused Father To Be Ineligible For Medicaid

March 25th, 2010 · No Comments

Heriberto Pumarejo transferred the ownership of his home to his son, Herbert Pumarejo, Jr., for one dollar. About two years later, Mr. Pumarejo became a patient at the Arnold Walter Nursing Home. Kathryn Pumarejo, Herbert’s wife and the resident’s representative, signed an agreement in which she agreed to pay all nursing home bills that were [...]

[Read more →]

Tags: Elder Law · Governmental or Public Benefit Programs · Medicaid · Medicaid Planning · New Cases · Nursing Homes

The Purchase Of A Private Annuity By An SSI Beneficiary Is A Permissible Spend-Down Technique

March 21st, 2010 · No Comments

As you know, the Supplemental Security Income (SSI) program, administered by the Social Security Administration (SSA), is a needs-based government benefit program which provides monthly cash assistance to aged, blind or disabled individuals who have limited income and resources. Individuals over age 65 automatically meet the “aged” requirement. Adults who assert eligibility as “blind” or [...]

[Read more →]

Tags: Annuities · Governmental or Public Benefit Programs · Supplemental Security Income (SSI) Benefits

Tips For Parents Of Children With Disabilities And Other Special Needs Who Are Planning Their Estates

March 16th, 2010 · No Comments

The following list contains some of the most frequently encountered issues faced by parents of a child with special needs who wish to arrange a secure future for their disabled child through estate planning. Don’t disinherit the child with special needs. Carefully consider the division of assets among all of the children. Understand the differences [...]

[Read more →]

Tags: Child Support · Estate Planning · Family Law · Governmental or Public Benefit Programs · Special Needs Planning · Special Needs Trusts