Law Office of Donald D. Vanarelli Blog

In its January 27, 2012 decision in  CTC Demolition Company, Inc. v. GMH AETC Management/Development LLC, which has been approved for publication, the Appellate Division considered the novel issue of whether a party’s demand for mediation or arbitration triggers the “first to file” rule. Notably, the court had found only one decision in any jurisdiction [...]

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Currently, the value of assets passing to heirs upon the death of a U.S. citizen free of federal estate taxes, called the federal estate tax exemption amount, is $5.12 million dollars per person. This federal estate tax exemption amount is valid through the end of 2012. In the past, upon the death of the first [...]

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In the December 13, 2011 Estate of Sano Chancery Division case, the decedent’s wife had sued the decedent’s former employee (Ms. Chung) and that employee’s sister (Ms. Choi), claiming that they defrauded and unduly influenced the decedent to change a beneficiary designation of a $2.5 million life insurance policy. The policy had originally named the [...]

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Below is a roundup of the top 10 national elder law decisions for the past year, as measured by the readers of the ElderLawAnswers website. 1. Medicaid Applicant’s Penalty Period Does Not Begin Until Returned Assets Are Spent Down In Marino v. Velez (U.S. Ct. App., 3rd Cir., No. 10-2324, Jan. 10, 2011), the U.S. Court of [...]

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In the January 4, 2012 Marinaccio v. Grgec decision, the Appellate Division was presented with an appeal of a probate matter that had been decided by an umpire under the New Jersey Alternate Procedure for Dispute Resolution Act (“APDRA”). The Appellate Division held that, after the umpire’s decision not to vacate a probate settlement agreement [...]

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Listed below are the blog posts, articles and other content from the Law Office of Donald D. Vanarelli website and blog with the highest readership in 2011. Certain “Blue Water” Navy Vietnam Veterans Now Eligible For Agent Orange Presumptive Service-Connected Compensation Benefits Summary Of Changes To The Estate And Gift Tax Laws In 2011 And [...]

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In Bond v. Bond, the Appellate Division considered whether a non-custodial parent’s creation of a special needs trust (“SNT”) can justify the elimination of that parent’s obligation to pay child support. Although it concluded that the non-custodial parent “may utilize a special needs trust to take advantage of government programs to lessen the burden on [...]

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1. 2012 Maximum Pension Rates for VA Base Pension Plus Aid and Attendance Supplement Single Veteran – $1,703.00 Per Month or $20,447.00 Per Year Married Veteran – $2,019.00 Per Month or $24,239.00 Per Year Surviving Spouse – $1,094.00 Per Month or $13,138.00 Per Year Veteran Married to Veteran (Both A & A) – $2,631.00 Per [...]

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Who Can Help Me Fill Out the Forms? Any non-accredited individual may assist with completing the forms; however, this individual is allowed to assist ONLY one person. A VA accredited agent or a service organization, such as your local State Veterans Office, VFW, or American Legion may help you, as well as a VA accredited [...]

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Below are figures for 2012 that are frequently used in the estate and elder law practice or are of interest to clients. Medicaid Spousal Impoverishment Figures for 2012 The new minimum community spouse resource allowance (CSRA) is $22,728, and the new maximum CSRA is $113,640. The new maximum monthly maintenance needs allowance is $2,841. The minimum monthly maintenance [...]

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