It’s the Courts Who First Decide Mandatory Arbitration Not the Arbitrator
In a recent New Jersey case, a plaintiff filed a complaint alleging violations of the New Jersey Consumer Fraud Act, the New Jersey Commercial …
Understanding the Doctrine of Probable Intent in Probate Estate Litigation
Under N.J.S.A. 3B:3-33, “the meaning and legal effect of language used in a Last Will, trust or other legal document is determined by the …
You Can’t Always Claim Hardship Before a Zoning Board to Install an Ugly Sign
Background to a Recent Sign Case A property owner appealed to the Jersey City Zoning Board for variance relief to install a digital sign …
Understanding the Difference Between a Right of Use and Occupancy and a Life Estate in Medicaid Planning
A right to use and occupy gives the owner of real estate (generally a primary residence) the right to use and occupy the property, …
You Cannot Avoid a Medicaid Estate Recovery Lien by Creation of an Elective Share Trust
The estate argued that the assets held in a trust created by a spouse are not subject to recovery by NJ because these assets …
Siblings Can Demand a Financial Accounting and Visitation from a Fiduciary
Siblings can demand a financial account and visitation from another sibling(s) who is a fiduciary (trusted agent) for their parent(s) or a disabled person …
Can You Transfer Your Home With a Mortgage to a Trust Without Jeopardizing Your Bank Loan?
There is a Federal law called the Garn-St Germain Act. Federal Regulations exempt transfers to trusts in which the transferor or a member of …
Appealing Medicaid Denial and Involuntary Discharge Because of Immigration Status
Recently, we were advised that a client of ours was a lawful permanent resident, and had resided in the US continuously since 1985. The …
Understanding the Definition of Incapacity Under NJ Law
Occasionally, a client does not want a declaration of “incapacity” (as used in various planning documents and NJ case law) made by a physician. …
Does a Revocable Trust Require an Employee ID or Social Security Number?
I was recently asked about my thoughts as to the use of an EIN vs. social security number for a revocable trust. Under Treas. …
Understanding the NJ Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Guardianship Modification for Interstate Guardianship Video Recently, parents who are guardians of their disabled adult child moved to NJ from Maryland and inquired about …
Adult Adoptions and Due Process- Do the Biological Parents Have Rights to Challenge?
While uncommon, an adult can be adopted in New Jersey by a husband and wife either jointly or individually, with the latter case allowed …
Will NJ Demand Payment of Inheritance Tax From an Estate if the Beneficiary Only Has a Life Estate?
The short answer is yes. Surprised? Don’t be; it’s taxaholic NJ at it again. Under N.J.S.A. 54:36-1, when a person gives a life estate …
Hire an Appraisal and Auction Firm to Dispose of Estate Personal Property
Recently, a client who has quite a few valuable personal possessions confided she did not want to burden her executor with knowing how to …
Include a Buy-Sell Agreement and Restrictive Covenant as a Key Part of Your Shareholder Agreement
Shareholder agreements should be essential to every small corporation’s structure. These agreements outline many aspects of corporate government including ownership and voting rights, control …
When Can a Fiduciary Be Compelled to Produce an Accounting?
Clients often ask how long before he or she can compel an accounting from a fiduciary. NJ has statutes and case law that answers …
NJ Must Abide by its Federally Approved State Medicaid Plan and Make Available Assisted Living and Home-Based Community Assistance Services to Eligible Medicaid Applicants
Under federal law, NJ is allowed to offer expanded Medicaid programs to individuals whose income exceeds the Medicaid income cap. Since NJ proposed to …
Understanding the Doctrine of Probable Intent When a Last Will is Unclear in its Language
N.J.S.A. 3B:3-33.1 delineates the doctrine of probable intent. The statutory focus is to implement “[t]he intention of a testator . . . .” The …
In Guardianship Cases, Payment of Counsel Fees is at the Discretion of the Court
NJ court rules govern payment of counsel fees in guardianship actions. If adult protective services fails to perform their statutory responsibilities, they can be …
Better Be Able to Prove Your Right to a Variance to Build on Vacant Land to Get the Highest Price from the Government in a Condemnation Case
In condemnation cases, the government must pay the fair market value of your land. If your vacant land needs a variance to build, you …
Don’t Confuse Testamentary Intent with Testamentary Capacity When Analyzing a Last Will & Testament
When contesting a Last Will, the testamentary capacity of its maker is often disputed. NJ law makes clear the differences between testamentary capacity and …
The Fiduciary Duty of Loyalty Protects Minority Shareholders in NJ Corporations
New Jersey is home to numerous “closely-held” corporations. A closely held corporation is one that consists of a small number of shareholders or owners. …
You Can’t Compete Against Your Employer While Still Working for Them
Recently, I read about a lawsuit brought against a high-level management employee and officer of a corporation who secretly started a competing business against …
New Help Line for Caregivers of Adults with Intellectual and Developmental Disabilities
Caregivers Can Call 833-NJ-ADULT (833-652-3858) Daily from 8:30 a.m. to 8 p.m. Human Services Commissioner Sarah Adelman announced a new help line available to …
Understanding the Role of an Arbitrator Under NJ Arbitration Law
Under Rule 1:40-2(a)(1), arbitration is “[a] process by which each party or its counsel presents its case to a neutral third party, who then …
I would rate this firm a 10/10
The firm was very professional. No delays or surprises. In fact, we needed to complete our business “super” fast. The staff provided this service …
The Role of the Trustee of a Trust Established Under a Last Will and Testament Following Probate
Statutory and case law requires a trustee to diversify trust assets. Under the Prudent Investor Act, N.J.S.A. 3B:20-11.1 [to] -11.12, “[a] fiduciary shall diversify …
Great experience!
Mr. Niemann is very informative and direct. He answered all our questions regardless of how insignificant it sounded. Diane Fanok was a pleasure to …
Everyone was prepared, kind and pleasant. Questions were always answered in a timely manner.
Our experience with you was more than satisfactory. Everyone was kind and patient with us even when we were the ones delaying decisions and …
A Sad Story of an Estate Plan Screwed Up Because of a Homemade (Internet Store) Will
A recent inquiry to my office illustrates the risks of a “do it yourself” last will. Here, the person used a common will software …