What is Legal Liability of an Incapacitated Person Who Signs a Contract?
A contract with an incapacitated person is generally voidable by the incapacitated party. Voidable means it can be cancelled by a legal representative of …
A Recent Federal Court Decision Permits a Patient the Right to Appeal a Change in Their Hospital Status
A federal appeals court granted certain hospital patients the right to appeal “observation stay designations in a ruling. It means many hospital patients will …
Understanding the New Jersey Complex Business Litigation Program (CBLP) Guidelines
Overview The Complex Business Litigation Program (“CBLP”) is focused on business, commercial and construction cases with significant dollar amounts in dispute or business or …
Change in ABLE Eligibility Ages
This month, Congress enacted a new law, expanding who is eligible to open an ABLE account. ABLE accounts are a kind of tax deferred …
Everything was explained clearly
My experience with Hanlon Niemann & Wright was very helpful and I would recommend them to others. Mr. Niemann knew what I was concerned …
The Death of a Debtor Spouse Extinguishes Judgment Debts to Marital Property Owned as Tenants by the Entirety
A marital home escapes debts and judgments of a deceased debtor spouse if owned as tenants by the entirety. A client owned their home …
Criminal Liability of a Power of Attorney, Spouse or Legal Guardian for Elderly Neglect in NJ
In New Jersey, endangering the welfare of an elderly person is a crime in the third degree. N.J.S.A. § 2C:24-8(a). This statute roughly requires …
Court Ordered Alimony: Can Medicaid Deny Court-Ordered Alimony Payments to a Community Spouse?
NJ Medicaid and Court Ordered Alimony Video I was recently asked if I knew of any statutory or other persuasive authority supporting the …
It was a wonderful experience from start to finish
From the very first phone call, the firm was understanding to our particular situation and handled all our needs professionally, expeditiously, and efficiently. Job …
What Does the Attorney-Client Privilege Mean to You?
Attorney-client privilege means that in litigation, anything you tell your attorney will be held in strict confidence and cannot be disclosed unless there is …
New Jersey Expands Law Against Discrimination to Address Age Discrimination
What You Should Know New Jersey’s Law Against Discrimination (NJLAD) has been expanded to address age discrimination against employees Government and state employers no …
An Investment Advisor in NJ Must Provide a Written Agreement to a Client or Risk Censure, Loss of License
An investment advisor (i.e., financial planner, stock broker, banker with a securities license) in NJ is governed by New Jersey’s Uniform Securities Law of …
Hanlon Niemann & Wright made a most stressful situation comfortable and bearable
Prior to our seeing Mr. Niemann, Ms. Halpin was most helpful in answering all our questions. It made our visit most palatable. Marcia Spaeth
A Gift to Minor’s Account (UGTA) Is Exempt From New Jersey Medicaid After 5 Years
I’ve commented about the case of a resident denied Medicaid because in her Medicaid application she listed a Minor’s Account as a resource. In …
If You File a Lousy Will Contest Case, You Are Not Entitled to Counsel Fees and Costs
NJ law does not allow an automatic award of counsel fees to an unsuccessful plaintiff in a will contest. NJ law does allow an …
The staff was friendly and professional. All my questions were answered fully.
I called the office and was given an appointment within a short time. I met with Mr. Niemann. Our meeting was comfortable. Mr. Niemann …
The Settlement of a Business Dispute is a Contract and Will Be Enforced
“A settlement between parties to a lawsuit is a contract.” The terms of the contract and the interpretation of a settlement agreement is a …
Your firm was very easy and pleasant to deal with
I cannot thank my friend enough for recommending your firm. Everyone that we dealt with was excellent!! Your firm made discussing difficult topics bearable. …
People listened to us and responded to our questions
Our experience with Hanlon Niemann & Wright, P.C. was positive and successful. Our questions were patiently answered. We were able to explain our wants …
Do Not Fail to Provide Your Partner with an Accounting if Demanded
Plaintiff and defendant formed a partnership to rent property to various tenants. When plaintiff asked defendant for his share of the rental profits and …
What to Do When a Person Cannot Physically Sign a Last Will and Testament
Recently, a client wanted to sign her Last Will but because of a stroke and inability to speak; she was unable to sign it. …
How to File a Medicaid Application in New Jersey
The process of properly completing a Medicaid application and providing all necessary information and documentation to your county Medicaid agency is extremely labor …
Forged Checks Under the Uniform Fiduciaries Law (UFL) – It’s Hard to Sue the Bank
The Uniform Fiduciaries Law (UFL) is a statute adopted in NJ to protect banks and victims of fraud. When an action is brought against …
If You Apply for Adult Medicaid, the County Board of Social Services Must Inform You of Its Application Requirements
New Jersey’s Medicaid guidebook requires that an agency representative must provide an applicant or his/her representative with a “checklist” highlighting the verification(s) and supporting …
You’re Not Personally Liable as a Guarantor of a Lease or Debt Unless You Agree to Be Personally Liable
Personal guarantees of debts are often demanded in business agreements, commercial and residential real estate deals and bank loans. If the debtor defaults, the …
What if Your Financial Records Are Vague and Incomplete and Your Medicaid Application is Denied?
Often applicants are denied NJ Medicaid or if approved, assessed with a significant penalty period because there is not a clear paper trail of …
If You Resign from Your LLC, Don’t Expect to Get Paid Fair Value for Your Share
This is an interesting case. Plaintiff sued defendants, alleging they wrongfully deprived him of his ownership interest in the LLC, without compensation. The trial …
I would highly recommend Hanlon, Niemann & Wright for Elder Law, Estate Planning & Assisted Living preparation
Fred Niemann, Stephen Kornas, Chris Balioni & their support team are prescient, proactive and proficient with navigating ongoing Elder Care challenges. – OM
You Can’t Wait Forever to Demand Arbitration in Your Contract Fight
How Long Can You Wait in a Lawsuit Before Demanding Arbitration Video The parties to a recent case were siblings who purchased a …
How Do You Handle a Disclaimer When a Trust is Involved?
A trust for the sole benefit of a disabled adult child who lacked capacity was created by a NJ Superior Court order. The trust …