Vanarelli & Li, LLC

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 Se

rvices;
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.

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

The new federal legislation commonly referred to as the "One Big Beautiful Bill", signed into law by President Trump in ...
04/30/2026

The new federal legislation commonly referred to as the "One Big Beautiful Bill", signed into law by President Trump in July 2025, introduces additional administrative and compliance requirements that will substantially affect how individuals maintain Medicaid coverage.

Effective July 1, 2027, the new law introduces several major procedural changes. Most notably, it imposes work requirements for certain Medicaid populations — primarily adults aged 19 to 64 in the expansion group, also known as the Alternative Benefits Plan, or ABP — requiring at least 80 hours per month of work, education, or approved activities. While this requirement does not apply directly to most nursing home residents or incapacitated individuals, it will significantly affect family members, including adult children and community spouses, who may rely on Medicaid coverage.

The new federal legislation commonly referred to as the "One Big Beautiful Bill", signed into law by President Trump in July 2025, introduces additional adminis

At the time of her death, the decedent ("Marianne") had been divorced for more than forty years. She remained living in ...
04/16/2026

At the time of her death, the decedent ("Marianne") had been divorced for more than forty years. She remained living in the former marital home, and did not remarry. Her Last Will and Testament expressly disinherited her children, and left her entire estate to charity. She appointed her attorney as executor.

At the time of her divorce, Marianne had entered into a property settlement agreement ("PSA") that conveyed ownership of the marital home to her, but provided:
in the event that intends to remarry, she shall, prior to said remarriage, sell and convey the aforesaid premises. The net proceeds shall be distributed one-half to Marianne and the other one-half to be placed in a trust fund for the two children of the parties. In the event that the property is sold at any time, the net proceeds shall be also so distributed.
Two years before her death, Marianne executed the will disinheriting her children; she died two years later.

At the time of her death, the decedent ("Marianne") had been divorced for more than forty years. She remained living in the former marital home, and did not rem

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238 St Paul Street
Westfield, NJ
07090

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

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