Contracts to Make or Revoke a Will – Preserving Your Estate Plan
Many of our couples who seek estate planning execute “sweetheart wills.” That is, each executes a will stating that upon the death of the …
Planning for The Resumption of Normal State Medicaid – Part 3 of a 3 Part Blog
Post-COVID Eligibility and Enrollment Plans The CMS is requiring that each state, including NJ, develop a “post-COVID eligibility and enrollment plan” to explain how …
Planning for The Resumption of Normal State Medicaid – Part 2 of a 3 Part Blog
Processing Applications & Verifications The outbreak of the COVID-19 pandemic led the Secretary of the Health and Human Services (HHS) to declare a …
Planning for The Resumption of Normal State Medicaid – Part 1 of a 3 Part Blog
The outbreak of the COVID-19 pandemic led the Secretary of the Health and Human Services (HHS) to declare a Public Health Emergency (PHE). To …
An Expert Medical Opinion is Required to Order an Involuntary Commitment
Recently, a NJ court entered a temporary order for the involuntary commitment of a young mother for inpatient treatment. A legal hearing to review …
Medicare Scams
There is a new Medicare telephone scam. Scammers are calling, and identifying themselves as from Medicare. Then, they are asking for Medicare numbers and …
Friendly and knowledgeable staff
I am so glad that I was recommended to use your firm. Your employee, Diane Fanok, helped us with all the paperwork we needed …
Gift Taxes vs. Inheritance Taxes: Which is Worse?
Generally, there is no income tax imposed upon assets beneficiaries inherit. However, when they later sell inherited assets, (i.e., appreciated securities and real estate), …
Fred Niemann has been appointed to the Elder Law Committee and Probate & Estate Administration Committee
We are excited to announce that Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright has been appointed to a one-year term of the …
Nicole Tomlin has been appointed to the Chancery Practice Committee
We are excited to announce that Nicole Tomlin, Esq. of Hanlon Niemann & Wright has been appointed to a one year term of the …
New Jersey Adopts Final Remote Notary Law
In 2020, New Jersey’s government recognized for the first time that sometimes, you need a notary- and you need one who can witness electronically. …
Inheritance Tax – Who Should Pay?
One of the biggest questions to tackle in formulating an estate plan is the payment of any estate and inheritance taxes. Should the estate …
Income Derived from Personal Businesses Must Be Counted for Eligibility for Benefits
When applying for welfare through a county’s Board of Social Services, whether it’s Medicaid or SNAP benefits, you are required to provide to the …
Is There a Legal Remedy to a Minority Shareholder Without a Finding of Shareholder Oppression?
I’ve written extensively about minority shareholder oppression. Sometimes there is abusive and unfair conduct by a co-shareholder(s) that do(es) not legally qualify as shareholder …
Seven Ways You Can Legally Terminate an LLC in New Jersey
Like a corporation, a limited liability company (LLC) can be terminated either voluntarily or involuntarily with or without the assistance of the courts. When …
How Can Trademark Rights Protect and Strengthen My Brand?
If I operate a business, do I automatically have a trademark? What is the little circled “R” on certain brand names? What does it …
Can an Employer Sue Its Employee for Negligence?
One of our corporate clients had an employee whose negligence resulted in him cutting electric lines to mobile homes, costing the company $3,500.00 to …
Understanding the Nature of Limited Liability Companies Under New Jersey Law
A limited liability company is no longer a new creation in business organizations law. The LLC was originally designed to answer the need for …
Understanding Medicare and Your Right to Rehab and Therapy in a Skilled Nursing Center
In 2013, a federal district court approved a settlement agreement in a landmark case named Jimmo v. Sebelius. The Jimmo Settlement confirmed that Medicare …
Municipal Courts Have Jurisdiction to Impose Civil Penalties in an Enforcement Action Filed Under the Spill Compensation and Control Act
A recent Appellate Court decision ruled municipal courts have jurisdiction pursuant to N.J.S.A. 58:10-23.11u(d) to impose civil penalties under the Spill Act in a …
Finally, It’s a Little Easier to Evict or Foreclose on a Commercial Tenant(s)
Because of Governor Murphy’s executive orders, commercial landlords have been unable to get possession of their properties from non-residential tenants since the onset of …
Be Careful When You Personally Guarantee a Contract
A contractual guarantee agreement means if a contract is breached and payment not made, the person who guaranteed the contract can be held personally …
Dealing with a Mistake on a Death Certificate When Estate Probate is Required
A client’s father died while visiting his daughter in upstate NY. The father was a resident of Bergen County, NJ. NY issued a NY …
Federal Government Reinstates Restrictions on Nursing Homes to Discharge Residents and Relocate Them Within Facility Under Covid
When the COVID-19 emergency began, the Centers for Medicare and Medicaid, the federal agency which controls the administration of long term care facilities, issued …
When Should I Be Looking to Do an Estate Plan?
When you die, you will leave an estate. Your estate is comprised of everything you owned, saved and accumulated during your life. It is …
People very polite, informative, and explained in detail
Mr. Niemann, Michelle, Lucille and Stephen Kornas, outstanding and very professional! Mr. & Mrs. Lawrence Ehrlich
I was impressed with such a quick response, and anyone I spoke to/with were extremely wonderful to deal with
Right at the beginning of 2021, my mother was diagnosed with terminal brain cancer. She didn’t have her affairs together yet. I searched for …
Is an Inherited IRA Protected from Bankruptcy and Creditors?
New Jersey has fraudulent transfer laws that prevent property “made in trust” for a debtor to be available to creditors to satisfy their debts. …
Understanding the First Steps in Filing a Medicaid Application for Home-Based Services
A client came to me contemplating applying for Medicaid for services at home. There were two issues needing attention. The first issue was financial. …
How to Appeal a Medicaid Lien Filed by the State of NJ
As part of the Medicaid program, federal law dictates that a State Medicaid plan is required to seek “adjustment or recovery from the individual’s …