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 …
A County Cannot Impose as a Condition of Approval That You Be Accepted by a Nursing Home or Assisted Living Residence
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 …
Absolutely excellent!
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
Virtually all admission agreements to a nursing home or assisted living facility mandate that any and all disputes with patients and family members be …
Medicare Now Covers the Cost of COVID At-Home Tests
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 …
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?
A colleague of mine was involved in a situation involving an autistic adult about 50 years old residing in a group home with a …
What Does the Term “Period of Ineligibility” Mean Under NJ Medicaid Law?
In order to discourage people from disposing of valuable assets and real estate in order to become eligible for Medicaid nursing home services, NJ …
Understanding the NJ Laws That Govern Wrongful Death Claims Filed by the Administrators of an Estate
People often die as the result of an accident or negligence by others. Many times, these victims die without a Last Will. There are …
An Employment Contract Is Essential to Your Rights as an Employee In New Jersey
Many employees throughout the state of New Jersey have signed employment contracts but are unaware of what exactly their employment contracts say. When they …
Shareholder Agreements
I have written many times about the importance of having a written shareholder agreement. I encourage you to freshen up your understanding about shareholder …
Some NJ Courts Are Dismissing Evictions Against Tenants Because of Defective Landlord Tenant Registrations
If you have a property where you have registered with the Department of Community Affairs, you can stop reading and ignore this. All other …
If You’re Age 17, Sign a Will and Live in Georgia, Will it Be Recognized in New Jersey
A person age 17 and older can sign a Last Will in Georgia, but in New Jersey, you have to be at least 18. …
An Employment Agreement Mandating Arbitration and Limiting Damage Claims by an Employee Can Be Enforced in NJ
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 …
New Jersey Law Protects Employees From Demotions Based on Discrimination
New Jersey has specific laws in place that prevent discrimination by employers against employees. The New Jersey Law Against Discrimination applies to many discrimination …
Different Types of Ownership in NJ Corporations
New Jersey corporations generate funding and cash flow by offering prospective shareholders an investment opportunity with the corporation. There are different ways in which …
Understanding the New Jersey Freeze Act and Your Property Taxes
The Freeze Act comes into play where there has been a reduction in a local property tax assessment by judgment after trial or by …
An Employment Contract Lawyer Simplifies Employment Contract Issues to Avoid Conficts
Understanding NJ contract law is an important function of an Employment Dispute attorney. What is an Employment Contract Dispute An employment contract dispute is …
To Be Appointed Guardian You Must Be Related by Blood or Marriage or Be the Power of Attorney Before Incapacity Strikes
Absent proof of parentage by blood or adoption, NJ law does not permit a party to become the legal guardian of another. In a …