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 April 2011

Divorce Mediation 101

April 25th, 2011 · No Comments

Couples who are facing the difficult prospect of divorce have a critical decision to make: whether to pursue the divorce using the “traditional” litigation model; or whether to consider an alternative model, such as divorce mediation. Arriving at the correct decision should include an analysis of the potential costs of traditional litigation. The most obvious cost [...]

[Read more →]

Tags: Divorce Mediation · Mediation

New Jersey Collaborative Law Group – Officers and Directors – 2011

April 21st, 2011 · No Comments

Below is a listing of the 2011 Officers and Directors of the New Jersey Collaborative Law Group (NJCLG). I’m a member of the NJCLG Board of Directors this year. NJCLG is an educational, not-for-profit association of collaborative professionals established in 2008. I’m proud to be able to say I was one of the founders of [...]

[Read more →]

Tags: Collaborative Family Law

Overview of Veterans Benefit Act of 2010

April 19th, 2011 · No Comments

The Veterans Benefits Act of 2010, Public Law 111-275, made a few relatively minor changes in veterans’ benefits laws that might be of interest to readers. None of the changes in the law go into effect until October 1, 2011. A few of the changes in the law follow: 1. There will be a cost-of-living [...]

[Read more →]

Tags: New Laws · VA Compensation Benefits · VA Pension Benefits · Veterans Benefits

Models Of Mediation Practice

April 18th, 2011 · No Comments

Mediation is generally recognized as a process in which parties in conflict (often on their own, but sometimes represented by separate attorneys) attempt to negotiate a settlement of their dispute with the assistance of a neutral third party, the mediator (who may or may not be an attorney, but who does not represent either party). [...]

[Read more →]

Tags: Divorce Mediation · Elder, Estate, Probate and Guardianship Mediation · Mediation

Power Of Attorney, Who Is Neither The Principal’s Spouse Nor Next Of Kin, Lacks Standing To Bring A Guardianship Action

April 13th, 2011 · No Comments

A Superior Court judge ruled that an agent appointed under a power of attorney who is unrelated to the principal by marriage or blood lacks standing to file a lawsuit seeking guardianship of the principal in New Jersey. In the Matter of Costa Nova, An Alleged Incapacitated Person, Docket No ESX – CP – 0196-10 [...]

[Read more →]

Tags: Guardianship · Standing

New York State Expands The List Of Assets Against Which Medicaid Could Make A Claim For Recovery

April 11th, 2011 · 1 Comment

A recent amendment to Section 369 of the Social Services law expands the list of assets which are considered to be in an individual’s “estate,” against which Medicaid could make a claim for recovery, to also include jointly held property, retained life estates, interests in trusts and any other property in which the individual has [...]

[Read more →]

Tags: Medicaid · Medicaid Planning · New Laws

Estate Planning For VA Pension Benefits By Transferring Assets

April 9th, 2011 · No Comments

(The following is part of a discussion, taken from a listserv, or electronic bulletin board, concerning benefits available for veterans, their dependents and survivors from the Department of Veterans Affairs (“VA)”.) Question: We just had a veteran denied for pension benefits with Aid and Attendance supplement from the Department of Veterans Affairs (“VA A&A Benefits”) [...]

[Read more →]

Tags: VA Pension Benefits · Veterans Benefits

Medicaid Applicant Failed To Prove Large Transfer Was Made Exclusively For A Reason Other Than To Qualify For Medicaid

April 5th, 2011 · No Comments

A New Jersey appeals court ruled that a nursing home resident who transferred the majority of her assets to her son during the look-back period was ineligible for nursing home Medicaid benefits when she failed to prove the transfer was done exclusively for a purpose other than to qualify for Medicaid. A.M. v. Division of [...]

[Read more →]

Tags: Medicaid Planning · New Cases · Transfers For Reasons Other Than To Qualify For Medicaid