Is an IRA or 401(k) Exempt from a Spousal Elective Share Claim?
I’ve written a lot about the elective share rights of a surviving spouse when he or she is omitted from the will of his/her …
Hanlon, Niemann & Wright was so patient and helpful when I needed advice on Medicaid approval
I knew I picked the right firm when Mr. Niemann returned my call. He was helpful with any questions I had. It was a …
Recognizing The Different Forms Of Prohibited Consumer Fraud
Consumer fraud prohibited under the NJ Consumer Fraud Act prohibits many acts of fraud. Luckily, there are attorneys at Hanlon, Niemann & Wright who …
FDIC Changes Insurance Coverage of Trust Bank Accounts
Accounts titled in a trust may be insured by the FDIC for up to $1.25 million, rather than the current $250,000 limit on many …
Access Ramps: Who Must Pay for Them Under the Fair Housing Act
The construction of a ramp to access a building is a modification under the Fair Housing Act and therefore will be paid for by …
The New Jersey Consumer Fraud Act Protects Consumers against Fraudulent Practices of Big Businesses
By Fredrick P. Niemann, a NJ Consumer Fraud Act Attorney Unfortunately, consumer fraud is increasing throughout New Jersey. Fraudulent actions range from small purchases …
Here’s an Overview of Medicare Health Insurance
Medicare is a federal program of health insurance. Medicare pays for acute illness but it is not a program designed to provide benefits for …
A Government Approved Vendor is Immune from the NJ Consumer Fraud Act…Sometimes
Here’s an unlikely (and probably unbelievable) plaintiff seeking economic restitution after being released from jail and having purchased items at the Bergen County Jail’s …
Just How Far Can a Guardian Go in Making Health Care Decisions?
Guardianship is an import tool for protecting incapacitated adults who are unable to care for themselves. One role of the guardian is to make …
Home Inspection Companies Can Be Sued Under the New Jersey Consumer Fraud Act
Home inspectors have not historically been recognized as “learned professionals”, as that term is defined under N.J. case law. The Consumer Fraud Act as …
How to Pursue Legal Claims in an Estate Administration
We recently received a call from a personal injury attorney in need of help. The attorney had pursued a wrongful death claim on behalf …
We will be glad to return to the firm if the need arises
We called with a sense of urgency due to Grandma’s health. The firm explained the logic and rational behind a Special Needs Trust for …
The Importance of Having a Premarital Agreement
A Premarital Agreement is a legal contract that outlines how a couple’s assets and debts will be divided in the event of divorce or …
Can You Still Win a Probate Case When the Original Will is Lost or Destroyed? Part 2 of a 2 Part Series
Proving That the Destruction of a Will Was Not Done by the Deceased In Part 1 of this blog, I discussed how to prove …
Can You Still Win a Probate Case When the Original Will is Lost or Destroyed? Part 1 of a 2 Part Series
In the case of a lost or destroyed will, “the burden of proof is upon the proponent” to show, with clear and convincing evidence,” …
Responsible, Caring Staff
The staff at Hanlon, Niemann & Wright are knowledgeable, friendly, courteous and had the ability to explain the process when I was preparing my …
Alzheimer’s Disease and Eligibility for Medicare Hospice Acceptance
Shout out to our friends at Affinity Hospice & Palliative Care for a very good post about being eligible for Medicare Hospice care in …
Are Evictions from Assisted Living Facilities and Nursing Homes Now Permitted in NJ?
New Jersey’s Governor signed a new law on evictions during the COVID-19 emergency. For many of our clients whose family members live in long …
How Can a Trustee Close Out a Trust in NJ?
In New Jersey, it appears that there is a formal and an informal way to close out and finalize a trust. It is …
A Party’s Tax Returns Are Generally Protected from Disclosure in Litigation… But Not Always
The NJ Court Rules control the procedural aspects of all litigation in the state. Rule 4:10-3 allows a court to prevent the disclosure of …
Is a Line of Credit Income Under NJ Medicaid Eligibility Standards?
A line of credit is not income for the purpose of Medicaid eligibility. Borrowed funds are specifically excluded from income for the purpose of …
Curb Cuts: Who Must Pay for Them Under the Fair Housing Act
The Construction of Curb Cuts are an Accommodation Under the FHA and are Therefore the Landlord’s Expense A curb cut may be considered an …
Understanding the Legal Concept Known as “Quantum Meruit” Under NJ Contract Law
In order to receive payment under a defective contract a legal claim called “quantum meruit” must be asserted to win; “a plaintiff must establish”: …
A Refresher Blog About the NJ Prudent Investor Act
In a recent NJ case, a plaintiff claims the trial court erred by failing to find defendant violated The Prudent Investor Act (the Act) …
A Real Estate Broker is Screwed When She Fails to Get a Signed Listing Agreement
Here’s a recent case that seems unfair to a real estate broker who failed to get a signed commission agreement before introducing a buyer …
Everything was just right
Everyone was very friendly and helpful. Everyone answered our questions fully and we didn’t feel rushed through things. Everything was just right. The atmosphere …
Understanding the Legal Rights of Same-Sex Spouses of Minor Children
Introduction What is the legal status of a non-birth spouse to a child(ren) born to their spouse during marriage? What happens if the birth …
We were very satisfied with the personalized attention and prompt work
We are very satisfied with the service with wills/directives and would recommend Hanlon, Niemann & Wright, PC to anyone. Phillip & Bernadette Dunphy, Fair …
Can You Receive Any Services and Benefits from Medicaid During a Penalty Period
Gifts made within 5 years of applying for Medicaid will result in a penalty to the applicant equal to the value of the gift(s) …
A Spot Zoning Claim Gets Raised in a Recent NJ Zoning Case
Spot zoning refers to a zoning ordinance that “benefit[s] particular private interests rather than the collective interests of the community.” If an ordinance is …