The Law Office of Donald D. Vanarelli, located in Westfield, New Jersey, provides a broad range of legal services for seniors, the disabled and their families, and families in conflict. We successfully guide our clients through the complex areas of elder law, income, estate and gift tax laws, public benefits planning, trusts, probate, trial advocac...
The Law Office of Donald D. Vanarelli, located in Westfield, New Jersey, provides a broad range of legal services for seniors, the disabled and their families, and families in conflict. We successfully guide our clients through the complex areas of elder law, income, estate and gift tax laws, public benefits planning, trusts, probate, trial advocacy and court procedures, and the administrative process.
Medicaid and Public Benefits Planning
Special Needs and Disability Planning
Guardianship and Fiduciary Services
Will Contests, Probate Litigation, and Elder Abuse Trials
Medicaid Applications and Medicaid Appeals
Comprehensive Life Care Planning
Nursing Home Law and Litigation
Estate Planning and Administration
VA Compensation and Pension Benefits
Social Security Disability Appeals
Family Law Services
Dispute Resolution Services: Elder Mediation, Collaborative Law, and Divorce Mediation
How We Got Started
Mr. Vanarelli represented the plaintiff in a pivotal special needs trust case decided by the New Jersey Supreme Court entitled Saccone v. Police and Firemen’s Retirement System, 219 N.J. 369 (2014). In the Saccone case, plaintiff, a retired firefighter had a severely disabled adult child who received Supplemental Security Income and Medicaid, public benefits based on financial need. After he retired, the fireman attempted to structure his estate plan to provide for his disabled child after his death without jeopardizing the child’s eligibility for needs-based public benefits by executing a Last Will and Testament containing a testamentary special needs trust (“SNT”). Plaintiff then asked the Police and Firemen’s Retirement System (“PFRS”) to pay the survivor benefits to which his child would be entitled upon the fireman’s death to the testamentary SNT established under the fireman’s will. The PFRS denied the request based on a pension statute which prohibited a retiree from designating a primary or a contingent beneficiary for the receipt of the retiree’s pension death benefits in the event of the retiree’s death. This decision was repeatedly upheld on appeal until the case was considered by the New Jersey Supreme Court. The Court ruled, for the first time, that a disabled child of a retired public employee may have his survivors’ benefits paid into a special needs trust rather than directly to the child, thereby allowing the child to maintain eligibility for Medicaid and other public benefits based on financial need.
Favorite Part of the Business
Mr. Vanarelli represented the plaintiff in a seminal estate planning / guardianship case entitled In re Keri, 181 N.J. 50 (2004). In Keri, an adult child sought guardianship of his mother and her estate, and proposed to gift some of her assets to himself and his brother so that his mother could qualify for Medicaid while in a nursing home. Reversing lower court decisions, the state Supreme Court ruled, for the first time, that a parent’s assets could be transferred to the children as part of an estate plan to help the parent qualify for government nursing home benefits. This ruling was characterized by the Star-Ledger newspaper as having “broad implications for those with elderly relatives suffering from Alzheimer’s and other kinds of dementia…”.
Customer Can Expect
Protecting You, Your Family and Your Estate
The Law Office of Donald D. Vanarelli is committed to protecting the legal rights and financial resources of seniors, the disabled and their families, and families in conflict. We accomplish that goal through careful legal analysis, quality work, and timely and efficient service. We provide legal services of the highest quality in the areas of elder law, estate planning, trust administration, special education, trial advocacy and special needs planning. We assist clients and families in conflict through dispute resolution services, including probate litigation, will contests, contested guardianships, administrative appeals, elder abuse trials, elder mediation, divorce mediation and collaborative services. Our attorneys combine vigorous advocacy with the exercise of thoughtful and discerning judgment. We also educate other professionals and our client community about elder and disability law through our publications and seminars. At all times, we strive to meet the highest ethical standards while serving clients in a caring, compassionate and respectful manner.
Competes On
Expertise • Service • Value
Member Of
Mr. Vanarelli is a Certified Elder Law Attorney by the National Elder Law Foundation, an ABA-certifying organization. In addition, Mr. Vanarelli is an Accredited Veterans Attorney, a Founding Member of the Academy of Special Needs Planners, an Accredited Professional Mediator, a Co-Founder of the Elder Mediation Center of New Jersey, and a Co-Founder of the New Jersey Collaborative Law Group. He is a Past Chair of the Elder and Disability Law Section of the New Jersey State Bar Association. Mr. Vanarelli has been rated “AV Pre-Eminent” by Martindale-Hubbell for 15 years, signifying professional excellence. He was named to the New Jersey “Super Lawyer” list in the years 2007 – present.
