Vanarelli & Li, LLC

Call Directions Website

Vanarelli & Li, LLC Vanarelli & Li, LLC, located in Westfield, NJ, provides a broad range of elder law legal services The Law Office of Donald D.

Vanarelli, located in Westfield, New Jersey, provides a broad range of legal services for the elderly, the disabled and their families, and families in conflict. We successfully guide our clients through the complex areas of estate tax law, public benefits law, and court procedures. Our attorneys offer services of the highest professional standards in the following areas of practice:
Elder Law Services;
Estate Planning and Trust Administration;
Medicaid and Public Benefits Planning;
Special Needs and Disability Planning;
Guardianship and Fiduciary Services;
Will Contests and Probate Litigation;
Medicaid Applications and Medicaid Appeals;
Nursing Home Law and Litigation;
Divorce Mediation and Collaborative Law;
Family Law Services;
Social Security Disability Appeals; and,
Estate, Probate and Elder Mediation Services.

A recent New Jersey estate litigation case addressed the issue of legal fees in a will contest. In the matter of In re D...
09/29/2026

A recent New Jersey estate litigation case addressed the issue of legal fees in a will contest. In the matter of In re Dweck, a grandson sued to invalidate his grandfather's will, claiming that the will was the product of undue influence by the grandfather's son Isaac.

Undue influence was defined by the court in Dweck as follows:

Undue influence is a mental, moral, or physical exertion of a kind and quality that destroys the free will of the testator by preventing that person from following the dictates of his or her own mind as it relates to the disposition of assets... Undue influence denotes conduct that causes the testator to accept the domination and influence of another rather than follow his or her own wishes.

In New Jersey, when the person contests a will based on undue influence, they must show that there was a "confidential relationship," and that "suspicious circumstances" surrounded the will ex*****on.

A recent New Jersey estate litigation case addressed the issue of legal fees in a will contest. In the matter of In re Dweck, a grandson sued to invalidate his

09/26/2026
This was the question addressed by the Superior Court, Appellate Division in a recent New Jersey case.Eighty-six-year-ol...
08/06/2026

This was the question addressed by the Superior Court, Appellate Division in a recent New Jersey case.

Eighty-six-year-old Kim was the mother of three children. Her daughter Joy was named as her primary agent under a power of attorney (her other daughter Lori was named as alternate). A conflict developed among the siblings: among other financial claims not addressed here, Lori accused Joy of isolating Kim from her.

Lori arranged for Kim to undergo a competency ("capacity") evaluation by Dr. Rao. Kim terminated the evaluation at some point after Dr. Rao had begun; however, Dr. Rao completed a report stating that there were "indications" of incapacity, but that further evaluation would be needed to give a definite capacity opinion.

Lori filed a Verified Complaint and sought a court order requiring Kim to undergo a capacity evaluation.

This was the question addressed by the Superior Court, Appellate Division in a recent New Jersey case. Eighty-six-year-old Kim was the mother of three childr

We see many clients who come to us requesting an "asset protection trust" after doing their own online research. But an ...
06/18/2026

We see many clients who come to us requesting an "asset protection trust" after doing their own online research. But an asset protection trust can mean different things to different people.

Some people consider "asset protection" as a means toward tax planning; other people consider it a means toward protecting assets in anticipation of long-term care; still others consider it a way to protect against creditors, or protecting the funds from misuse by gift recipients.

When you are considering using a trust for long-term care (Medicaid) planning purposes, there are two general types of trust options: the non-grantor (completed gift) trust; and the grantor trust. Both trusts are irrevocable, and in both cases, you give up your right to, and control of, the assets you place in the trust.

The grantor of a "completed gift" or "non-grantor" trust does not retain any right, power or authority over the trust assets. The trust must report the income and pay any tax liabilities.

We see many clients who come to us requesting an "asset protection trust" after doing their own online research. But an asset protection trust can mean differen

Each year, the New Jersey Division of Medical Assistance and Health Services (DMAHS) reviews and updates the Medicaid "p...
05/18/2026

Each year, the New Jersey Division of Medical Assistance and Health Services (DMAHS) reviews and updates the Medicaid "penalty divisor."

The penalty divisor is a key figure used to determine the penalty period for Medicaid Long-Term Services and Supports ("MLTSS") applicants who have transferred assets for less than fair market value during the five-year lookback period. This divisor represents the average daily cost of nursing home care in New Jersey, and is central to calculating the length of any Medicaid ineligibility period resulting from such asset transfers.

Effective April 1, 2026, the State of New Jersey increased the daily penalty divisor from $402.74 to $420.69 per day, according to the attached Medicaid Communication No. 26-04 issued by DMAHS. This new figure reflects what the state determined as an increase in the average daily cost of nursing home services, based on an independent statewide survey of licensed facilities.

Each year, the New Jersey Division of Medical Assistance and Health Services (DMAHS) reviews and updates the Medicaid "penalty divisor." The penalty divisor

Address

238 St Paul Street
Westfield, NJ
07090

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

Telephone

+19082327400

Website

Alerts

Be the first to know and let us send you an email when Vanarelli & Li, LLC posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Shortcuts

Share

Category