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New Jersey Law Addressing Mandatory Arbitration Clauses in Nursing Home and Assisted Living Admission Agreements

HNW April 13, 2022Applying for Medicaid Long Term Care Benefits

Virtually all admission agreements to a nursing home or assisted living facility mandate that any and all disputes with patients and family members be …

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Applying for Medicaid Long Term Care Benefits

Medicare Now Covers the Cost of COVID At-Home Tests

HNW April 11, 2022Elder Care Law

If you have Medicare, you can now receive up to eight free rapid at-home Covid-19 tests a month at participating pharmacies. The free tests …

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Elder Care Law

An Autistic Adult 50 Years of Age and Living in a Group Home is About to Inherit a Lot of Money: How Can the Family Protect It?

HNW April 7, 2022Public Benefits Law for Special Needs and Disabled Persons, Special Needs Trusts for Minor Children and Adults

A colleague of mine was involved in a situation involving an autistic adult about 50 years old residing in a group home with a …

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Public Benefits Law for Special Needs and Disabled Persons in New Jersey

What Does the Term “Period of Ineligibility” Mean Under NJ Medicaid Law?

HNW March 31, 2022Applying for Medicaid Long Term Care Benefits

In order to discourage people from disposing of valuable assets and real estate in order to become eligible for Medicaid nursing home services, NJ …

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Applying for Medicaid Long Term Care Benefits

Understanding the NJ Laws That Govern Wrongful Death Claims Filed by the Administrators of an Estate

HNW March 30, 2022Estate Administration and Probate

People often die as the result of an accident or negligence by others. Many times, these victims die without a Last Will. There are …

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Estate Administration and Probate

Shareholder Agreements

HNW March 25, 2022Shareholder Rights Litigation

I have written many times about the importance of having a written shareholder agreement.  I encourage you to freshen up your understanding about shareholder …

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Shareholder Rights Litigation

Some NJ Courts Are Dismissing Evictions Against Tenants Because of Defective Landlord Tenant Registrations

HNW March 24, 2022Real Estate, Landlord/Tenant, and Zoning

If you have a property where you have registered with the Department of Community Affairs, you can stop reading and ignore this. All other …

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Landlord Tenant Laws

If You’re Age 17, Sign a Will and Live in Georgia, Will it Be Recognized in New Jersey

HNW March 21, 2022Last Wills and Testament

A person age 17 and older can sign a Last Will in Georgia, but in New Jersey, you have to be at least 18.  …

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Last Wills and Testament

Understanding the New Jersey Freeze Act and Your Property Taxes

HNW March 16, 2022Real Estate, Landlord/Tenant, and Zoning

The Freeze Act comes into play where there has been a reduction in a local property tax assessment by judgment after trial or by …

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Real Estate

To Be Appointed Guardian You Must Be Related by Blood or Marriage or Be the Power of Attorney Before Incapacity Strikes

HNW March 9, 2022Guardianship Law

Absent proof of parentage by blood or adoption, NJ law does not permit a party to become the legal guardian of another. In a …

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Guardianship Law

Can a Contingent Beneficiary Demand an Accounting?

HNW March 3, 2022Estate Planning

Can any trust beneficiary can compel a trustee to account? Does the type of contingency make a difference? While trust beneficiaries generally can seek …

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Estate PlanningTrust Law and Litigation

How to Successfully Refute the Legal Presumption that the Survivor of a Joint Account is the Legal Owner Upon Death – Part 2

HNW February 28, 2022Estate Administration and Probate

In our last blog, I discussed how multiple account holders are presumed to be joint account holders with right of survivorship, so if one …

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Estate Administration and Probate

How to Successfully Refute the Legal Presumption that the Survivor of a Joint Account is the Legal Owner Upon Death – Part 1

HNW February 21, 2022Estate Administration and Probate

According to N.J.S.A. §17:16I-5 (a), when there are multiple owners of a bank account, the law presumes the account to be jointly owned amongst …

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Estate Administration and Probate

National Guard and Eligibility for a NJ Veteran’s Home

HNW February 18, 2022Veterans Benefits to Pay for Long Term Care

Veterans are defined under N.J.A.C. § 5A:5-1.2 (the regulation governing veteran’s homes). The definition reads that a veteran is “a person who has been …

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Veterans Benefits to Pay for Long Term Care

What Authority Does a Local Zoning Board Have Over New School Construction or Renovations?

HNW February 14, 2022Real Estate, Landlord/Tenant, and Zoning

When it comes to school construction, zoning boards are limited in their jurisdiction to grant approvals or rejection.  New Jersey’s zoning law recognizes the …

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Zoning

Understanding the Budgetary Powers of Condominium Associations

HNW February 9, 2022Real Estate, Landlord/Tenant, and Zoning

Condominium associations derive their power and responsibilities from the Condominium Act, N.J.S.A. §46:8B-14 and 15.  Courts treat condominium associations like they do corporations, holding …

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Real Estate

Pay All Bills Before the Death of a Special Needs Trust Beneficiary

HNW February 4, 2022Estate Administration and Probate, Special Needs Trusts for Minor Children and Adults

Video: Should You Pay Bills Prior to the Death of a Special Needs Trust Beneficiary?  Sadly, the beneficiary of a Special Needs Trust …

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Estate Administration and ProbateSpecial Needs Trusts for Minor Children and Adults

You Can Raise Your ABLE Account Contribution an Additional $1,000 Starting January 1 2022

HNW February 1, 2022Special Needs Trusts for Minor Children and Adults

Effective January 1, 2022, the Federal Government has increased the total limit on the annual contributions people with disabilities (or their families) can make …

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Special Needs Trusts for Minor Children and Adults

Piercing the Corporate Veil and Holding Corporate Officers Personally Liable

HNW January 31, 2022Business and Corporate Legal Services

In NJ, Courts will disregard protection for officers, shareholders and directors and hold these individuals legally and personally liable for damages if they use …

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Business and Corporate Legal Services

You Can’t Sue Me in NJ for Breach of Contract if I Have No Contacts in NJ

HNW January 25, 2022Contract Law

To Sue in NJ, the Other Side Must Have Contact with NJ. To enable NJ court to exercise specific jurisdiction over a non-resident defendant, …

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Contract Law

Understanding the Medicaid 5 Year Look-Back Period

HNW January 19, 2022Applying for Medicaid Long Term Care Benefits

An applicant’s Medicaid application was denied because of bank deposits made 58 months prior to filing. I recently read a post where a Medicaid …

Read More
Applying for Medicaid Long Term Care Benefits

Understanding Eligibility for an Assisted Living Residence Under NJ Medicaid – Part of 2

HNW January 14, 2022Medicaid Eligibility and Asset Protection Planning

Each applicant for Assisted Living Medicaid has two components, one part is clinical eligibility, the second part is financial eligibility. One way to become …

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Medicaid Eligibility and Asset Protection Planning

Understanding Eligibility for an Assisted Living Residence Under New Jersey Medicaid – Part 1 of 2

HNW January 11, 2022Medicaid Eligibility and Asset Protection Planning

To understand Assisted Living Medicaid, you have to understand New Jersey Medicaid first. The history is important. New Jersey provides Medicaid long term care …

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Medicaid Eligibility and Asset Protection Planning

Landlords Beware About Criminal Screening of Prospective Tenants

HNW January 6, 2022Real Estate, Landlord/Tenant, and Zoning

The Division of Civil Rights promulgated their final regulations today concerning the implementation of this new Criminal Background Check (“CBC”) screening law. I have …

Read More
Landlord Tenant Laws

Using a Single Premium Immediate Annuity in Medicaid Planning (SPIA)

HNW January 3, 2022Applying for Medicaid Long Term Care Benefits

In order to be eligible for Medicaid long-term care, there are eligibility requirements that must be met. This includes financial (income and assets) eligibility. …

Read More
Applying for Medicaid Long Term Care Benefits

Annual Gifting Limits Raised to Reduce Potential Estate Death in 2022

HNW December 30, 2021Estate Planning

The amount you can gift without filing a tax return is increasing to $16,000 in 2022. The federal estate tax exclusion is increasing to …

Read More

Understanding Penalties Under NJ Medicaid Law

HNW December 30, 2021Applying for Medicaid Long Term Care Benefits

If you make a gift within 5 years of applying for Medicaid, you will be penalized. A penalty is a mathematical calculation.  The amount …

Read More
Applying for Medicaid Long Term Care Benefits

What Makes a Will Valid and Legitimate?

HNW December 29, 2021Estate Administration and Probate

In New Jersey, what are the legal requirements for making a Will? What happens if a Will does not meet every requirement? What is …

Read More
Estate Administration and Probate

Extremely patient with all of our questions and not rushed

HNW December 28, 2021Testimonials

It is with much enthusiasm that we are highly recommending Hanlon Niemann & Wright, Attorneys at Law.  Sometimes going to a lawyer no matter …

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Testimonials - Estate PlanningTestimonials - Last Will and TestamentTestimonials - Power of Attorney

Why Do Some Shareholders Feel the Need to Oppress Their Minority Stakeholders?

HNW December 27, 2021Shareholder Rights Litigation

Controlling shareholders are in a position to abuse their power over minority shareholders by reducing or eliminating one or more economic benefits of ownership …

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Shareholder Rights Litigation
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