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A County Cannot Impose as a Condition of Approval That You Be Accepted by a Nursing Home or Assisted Living Residence

HNW April 27, 2022Appealing the Denial of Medicaid

A person with a disability is entitled under N.J.S.A. 10:71-1.2 to choose the least restrictive environment to live. An individual who qualifies, medically, for …

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Appealing the Denial of Medicaid

Absolutely excellent!

HNW April 21, 2022Additional Practice Areas

We are very pleased with the experience we had at your office.  Absolutely excellent!  Thank you. – Cynthia Lamanna

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

An Employment Contract Is Essential to Your Rights as an Employee In New Jersey

HNW March 28, 2022Business Law, Contract Law, Employment Law

Many employees throughout the state of New Jersey have signed employment contracts but are unaware of what exactly their employment contracts say. When they …

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Contract LawEmployment Law

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

An Employment Agreement Mandating Arbitration and Limiting Damage Claims by an Employee Can Be Enforced in NJ

HNW March 18, 2022Business Law, Employment Law

A recent Federal court decision in New Jersey upheld a provision in an arbitration agreement that subjected an employee to the imposition of attorney’s …

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Employment Law

New Jersey Law Protects Employees From Demotions Based on Discrimination

HNW March 18, 2022Business Law, Employment Law

New Jersey has specific laws in place that prevent discrimination by employers against employees. The New Jersey Law Against Discrimination applies to many discrimination …

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Employment Law

Different Types of Ownership in NJ Corporations

HNW March 18, 2022Business Law, Shareholder Rights Litigation

New Jersey corporations generate funding and cash flow by offering prospective shareholders an investment opportunity with the corporation. There are different ways in which …

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Shareholder Rights Litigation

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

An Employment Contract Lawyer Simplifies Employment Contract Issues to Avoid Conficts

HNW March 14, 2022Business Law, Contract Law, Employment Law

Understanding NJ contract law is an important function of an Employment Dispute attorney. What is an Employment Contract Dispute  An employment contract dispute is …

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Contract LawEmployment Law

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

Do I Have to Confirm That a Former Employee Worked for Me?

HNW March 4, 2022Business Law, Employment Law

Recently, one of our corporate clients received a question about one of their former employees and whether this person had worked for our client.  …

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Employment 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

Terminating a Tenured Versus Non-Tenured Employee Working at a Public or Charter School

HNW March 2, 2022Business Law, Employment Law

Tenure for teachers in our public education system has always been a controversial topic except for teachers who generally support the concept.  Tenure prevents …

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Employment Law

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

Oppressed Minority Shareholders in Closely-Held Corporation Have Rights Under NJ

HNW February 18, 2022Business and Corporate Legal Services, Business Law, Shareholder Rights Litigation

I’ve written a lot about closely held companies and the rights of minority shareholders.  Closely held corporations are generally businesses that have a small …

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Shareholder Rights Litigation

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

How an Employee Handbook Can Protect an Employer from Liability

HNW February 15, 2022Business Law, Employment Law

Employers and employees often look upon the Employer-Employee Handbook as an employment agreement.  Given that NJ employment laws generally presume at-will employment relationships, many …

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Employment Law

Supreme Court Aids Older Workers Alleging Discrimination

HNW February 15, 2022Business and Corporate Legal Services, Business Law, Elder Law, Employment Law

Justices place the burden of proof on employers In 2008, I wrote the Supreme Court had further enhanced the ability of older workers to …

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Employment Law

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
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Freehold, NJ 07728
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Email:  fniemann@hnlawfirm.com

 

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