What to do if You Want to Amend a Condition of Final Approval Imposed by Your Municipal Land Use Board?
In a recent case an application was filed before the Municipal Land Use Board for approval to build a commercial enterprise. The Board was …
Room and Board Expenses Qualify as a Medical Expense Paid Out of a Qualified Income Trust
A qualified income trust (QIT) established in New Jersey for the benefit of an individual applying for Medicaid is valid if: the trust is …
Can an Owner of an LLC or Corporation Be Sued Personally in NJ for Contractual Negligence?
You sign a contract with a builder to add an addition to your home, or a plumber to fix your leaking pipes. Maybe you …
A N.J. Judge Can Allow the Creation of a Special Needs Trust When a Last Will or Trust is Silent
Recently our office successfully appealed to the Monmouth County Superior Court to allow the creation of a supplemental special needs trust (SNT) for an …
Federal Law Requires That Medicaid Seek Recovery of Medical Expenses Both Past and Future
This blog discusses N.J.’s statutory lien laws to recover medical and other expenses paid to accident and other victims by N.J. Medicaid N.J. pays …
Physical Contact Between an Adult Child and an Elderly Parent is Not Criminal Neglect but Can Be Physical Assault
In a recent published case a N.J. appeals court considered and rejected the State’s argument that defendant’s alleged assault of her elderly mother qualified …
Federal Law Can Defeat an Eviction From a Nursing Home or Assisted Living Residence
42 F.R. 441.301(c)(iv)(A). 42 C.F.R. 441.330(c)(iv)(A) is a federal regulation enacted in 2022. It requires all continuing care retirement communities (and all skilled nursing …
When a Contract is Breached the Breach Must Be Material to Win the Case
It is important to understand that to be actionable a breach of contract must be a material breach. N.J. case law sets forth the …
Reporting Elder Abuse to the Adult Protective Service is Immune from Criminal or Civil Prosecution
In the absence of bad faith or a malicious purpose a person is entitled to immunity from civil liability under J.S.A. 52:27D-409(c). This statute …
Dirtbag Father Gets Disinherited From Son’s Will and the Court Approves
In this appeal, a father challenges the validity of his son’s last will and testament (the Will) contending that his son’s Will was the …
Understanding What an Interpleader Action Means Under New Jersey Business Law
Many times business partners as well as family members will agree to deposit funds, security, or other investments with a common financial institution like …
Get Help Paying For Your Medicare Health Insurance Premiums and Co-Pays
NJ makes available financial assistance for Medicare Savings Programs (MSP). Medicare Savings Programs are federally funded programs managed by each state, including NJ. These …
The Court Will Not Rewrite for You a Better Operating Agreement Than You Signed
If you sign a poorly written or unfair operating agreement you are still contractually obligated. This blog discusses how a Chancery Judge in NJ …
You Can Raise Your Annual ABLE Account Contribution to $19,000 Annually
Effective January 1, 2025, the Federal Government has increased the total limit on the annual contributions people with disabilities (or their families) can make …
Construction Lien Law and Where to File the Lien
If an owner of a one family house has a contractual dispute with a contractor and the contractor attempts to place a lien on …
Fredrick P. Niemann, Esq. Presents Estate and Lifecare Planning Seminar
On Wednesday, June 11, 2024, Fredrick P. Niemann, Esq. of Hanlon, Niemann & Wright, P.C. presented an Estate and Lifecare Planning Seminar to over …
Sometimes You Can Beat an Attempted Nursing Home Discharge
A nursing home resident facing discharge for cause still requires he or she be given a notice of discharge under both state and federal …
Do I Have a Duty of Loyalty to My Employer?
Employees must not act contrary to the employer’s interest, nor compete with his or her employer during their employment. Additionally, NJ courts have held …
Suzana Hot, Esq. joins Hanlon Niemann & Wright, P.C. as Partner
We’re thrilled to announce that Suzana Hot, Esq. has joined Hanlon Niemann & Wright, P.C. as a Partner. Ms. Hot joins us with over …
Can an Executor of an Estate Delegate His/Her Responsibilities as Executor to a Power of Attorney?
Here’s an interesting probate estate administration question that came to my attention. The question involves an executor, a Power of Attorney (POA) and a …
Employment at a Specific Salary
The Supreme Court of New Jersey held that an offer of employment at an annual salary does not automatically qualify as a guarantee of …
The Staff is so Wonderful, Caring and Easy to Talk To
Everything Is outstanding! The staff is so wonderful, caring and easy to talk to! Lucille, Michelle and Fred Niemann is excellent! Thank you again! …
Buy-Out of Business Partner With Life Insurance Results in Massive Income Tax Hit From IRS
A recent U.S. Supreme Court decision in Connelly v. United States disputes a common succession strategy for many closely owned businesses with more than …
Read About the Inflation Reduction Act Prescription Drug Provisions
Did you know about recent Medicare changes? The Inflation Reduction Act (IRA) under Medicare, makes a number of changes to the Part D prescription …
Some Calls Are More Important Than Others
Everyone is talking about the recent NFL football draft. As for me, I’m tired of the commentary about the draft. I want to hear …
What Is a Preliminary Injunction and How Is It Obtained in Court?
In litigation, unless a plaintiff meets its initial burden of proof a preliminary injunction must be denied. Let’s first discuss the legal definition …
Excellent Advice and Service
Fred, Thank you for your excellent advice and services over the past years helping with my Mom’s estate needs. Lucille has also been wonderful. …
Can an Employer Enforce a Non-Disclosure and Non-Disparagement Agreement Against a Former Employee?
You work for an employer. You’re fired, or let’s say you’re terminated, or you separate from your employer. You sue your former employer. You …
New Jersey is Filing Legal Action Against Worker Misclassification
New Jersey is cracking down on employers who wrongly label employees as independent contractors. In a recent case the commissioner of the State Department …
The Caregiver Child Exemption Allows the Transfer of Home Ownership to the Child Providing Substantial Care
In determining Medicaid eligibility for someone seeking institutionalized benefits, counties must review five years of financial history. Under the regulations, “[I]f an individual . …