How Can a Trustee Close Out a Trust in NJ?
In New Jersey, it appears that there is a formal and an informal way to close out and finalize a trust. It is …
A Party’s Tax Returns Are Generally Protected from Disclosure in Litigation… But Not Always
The NJ Court Rules control the procedural aspects of all litigation in the state. Rule 4:10-3 allows a court to prevent the disclosure of …
Is a Line of Credit Income Under NJ Medicaid Eligibility Standards?
A line of credit is not income for the purpose of Medicaid eligibility. Borrowed funds are specifically excluded from income for the purpose of …
Curb Cuts: Who Must Pay for Them Under the Fair Housing Act
The Construction of Curb Cuts are an Accommodation Under the FHA and are Therefore the Landlord’s Expense A curb cut may be considered an …
Understanding the Legal Concept Known as “Quantum Meruit” Under NJ Contract Law
In order to receive payment under a defective contract a legal claim called “quantum meruit” must be asserted to win; “a plaintiff must establish”: …
A Refresher Blog About the NJ Prudent Investor Act
In a recent NJ case, a plaintiff claims the trial court erred by failing to find defendant violated The Prudent Investor Act (the Act) …
A Real Estate Broker is Screwed When She Fails to Get a Signed Listing Agreement
Here’s a recent case that seems unfair to a real estate broker who failed to get a signed commission agreement before introducing a buyer …
Can You Receive Any Services and Benefits from Medicaid During a Penalty Period
Gifts made within 5 years of applying for Medicaid will result in a penalty to the applicant equal to the value of the gift(s) …
A Spot Zoning Claim Gets Raised in a Recent NJ Zoning Case
Spot zoning refers to a zoning ordinance that “benefit[s] particular private interests rather than the collective interests of the community.” If an ordinance is …
A Court Can Order a Contractor to Finish the Job Instead of Giving Money Damages
Money damages are generally given in a breach of contract case. Sometimes a court will order a contractor to finish a job instead of …
Guardianship and Civil Commitment
Almost every day, a family contacts my office with concerns about their loved ones’ mental health and has questions about New Jersey’s Civil Commitment …
Does a Life Estate Holder Who is Also an Owner of Real Estate Get Paid Twice Upon Sale?
Here’s an interesting case. A sister and two brothers are named as owners on a deed. Sister also has life rights to the property. …
Trustee Duties in Settling and Closing Out a Trust
In New Jersey, a trustee may close out and finalize a trust by filing an Action for the Settlement of Accounts with the Superior …
Medicaid Balanced Billing: A Medicaid Approved Provider Cannot Demand More Money Than Medicaid Pays
Balance billing by Medicaid providers is clearly prohibited by both state and federal law. Under 42 U.S.C. § 1396u-2: Each Medicaid managed care organization …
How the SECURE Act Changes Inherited IRA Planning
Federal tax laws which allowed retirement accounts to remain tax deferred by allowing certain beneficiaries to delay the withdrawal of account funds over their …
Are Beneficiaries Entitled to Economic Damages When a Trustee Breaches an Obligation(s) of the Trust
Under N.J.S.A. 3B:31-72(a), [a] trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of: (1) the amount …
If Your Business Makes Too Much Noise, You’re Going to Get Shut Down and Be Sued
There is a legal action known as a “private nuisance”. “The essence of a private nuisance is an unreasonable interference with the quiet use …
The entire process was handled professionally. I felt confident that my concerns were understood.
I felt that all our questions and concerns were heard. Mr. Niemann listened and then offered choices and thoughts that I would never had …
Can I Compel a Trustee to Make Distributions of Income During the Winding Up of a Trust?
The general answer is no, unless the trust agreements compels the trustee to make partial distributions during the winding up of the trust and …
How to Correct a Mistake in a Certificate of Formation
Recently a client provided me with a NJ LLC Certificate of Formation he filed online by himself several weeks previously. For unknown reasons, he …
Use of Self-Attestation
States may accept self-attestation of non-financial eligibility criteria for Medicaid, except as required by law or regulation (citizenship and immigration status, Asset Verification System). …
Processing New Applications
For Medicaid, CHIP, and BHP, states must accept applications from the applicant, an adult in the applicant’s household, an authorized representative, or if the …
Changes in Circumstances
States must have procedures in place designed to ensure that beneficiaries in Medicaid, CHIP, and a BHP can timely and accurately report changes in …
Reconsideration Period
For MAGI Medicaid and CHIP beneficiaries whose eligibility has been terminated at renewal, the agency must reconsider the individual’s eligibility without requiring the individual …
Considering Eligibility on Other Bases and Eligibility for Other Insurance Affordability Programs
If a Medicaid beneficiary is no longer eligible for the category in which the beneficiary is enrolled, the Medicaid agency must consider whether the …
How Does Medicaid Treat the Alimony Obligation of a Former Spouse?
A client’s father has been paying permanent alimony for about 20 years and is now remarried. Both he and his current wife are receiving …
Renewal Form Requirements
If an ex parte renewal cannot be completed, the agency must provide beneficiaries with a renewal form and request information from the beneficiary. The …
Understanding the Ex-Parte Renewal Process for Continued Medicaid Eligibility When the COVID-19 Public Health Emergency Ends
In my previous blog I discussed how NJ will conduct renewals for continuing Medicaid eligibility. In this blog I will go over understanding the …
How Will NJ Conduct Renewals for Continuing Medicaid Eligibility
In my previous blog I discussed what to do when NJ seeks to terminate your Medicaid long-term care benefits when the COVID-19 emergency ends. …
What to Do When NJ Seeks to Terminate Your Medicaid Long-Term Care Benefits When the COVID Emergency Ends
Under the FFCRA, New Jersey must maintain continuous enrollment of Medicaid beneficiaries through the last day of the month in which the PHE ends, …