In In re Tomei Trust, in connection with a family dispute regarding ownership of a business, plaintiff sought to terminate a trust he established, in which his father was the trustee. Plaintiff claimed that his father misappropriated trust funds, and asserted that the trust termination date was August 18, 2003. Plaintiff claimed that, despite the.. read more →

In re S.H. was a contested guardianship litigation centering on who should be appointed guardian for S.H., a twenty-eight year old incapacitated woman. S.H. had lived with her mother, who “dutifully and selflessly cared for” S.H. her entire life. However, S.H.’s sister opposed their mother’s appointment , based upon the actions of the mother’s live-in boyfriend… read more →

Appearing Above, Left to Right: NAELA Board member Ron Landsman, Esq., CAP, who filed a brief for the Special Needs Alliance and argued the cause before the Court; NAELA member Donald Vanarelli, CELA, CAP, who represented Mr. Saccone and argued before the Court; and NAELA members Robert F. Brogan, CELA, CAP, and Dan Jurkovic, CELA,.. read more →

Court OKs Trusts for Disabled Kids of Cops and Firefighters NJ Supreme Court Justice Jaynee LaVecchia, author of the majority opinion in Thomas Saccone v. Board of Trustees of the Police and Firemen’s Retirement System For Plaintiff-Appellant Thomas Saccone: Donald D. Vanarelli (Law Office of Donald D. Vanarelli, attorney; Mr. Vanarelli and Whitney W. Bremer,.. read more →

This was a contested guardianship case involving S.H., called “Sarah” by the court, a 28 year old incapacitated woman. The principal issue in the case was whether Sarah’s guardian should be her mother, B.H. (Barbara), who filed the guardianship action, or J.H. (Joan), Sarah’s adult sister. Joining Joan in opposing Barbara’s appointment were: Barbara’s ex-husband,.. read more →

There are different rules regarding the imposition and repayment of Medicaid liens prior to funding special needs trusts (as opposed to the imposition and recovery of Medicaid liens from estates of deceased recipients.(Notably, the lien rules are different in the context of institutional liens (see N.J.S.A. 30:4-80.1) and DDD services (see N.J.A.C. 10:7-6.1). The differences.. read more →