Understanding What Frivolous Litigation Means
The frivolous litigation statute, N.J.S.A. 2A:15-59.1, authorize sanctions including reasonable attorney fees, and costs, against any party to a probate lawsuit. A case is …
Custody of a Minor Child Goes to a Surviving Parent Upon the Death of Parent Having Custody
In the case of the death of a parent having custody of a minor child(ren), the care and custody of minor children does not …
NJ Announces 2024-2025 Increases in Allowances and Exemptions to Community Spouses, Dependents and Home Exemption Figures
Every year NJ announces changes to its regulations which govern the amount of money a community spouse (a community spouse is the spouse who …
You Really Really Need to Consider Long Term Care Insurance
I see it every day at the office. A diagnosis of a degenerative condition is received by a family member. Panic sets in. How …
How is a Resource Valued to Determine Medicaid Eligibility?
In this State, in order to qualify for Medicaid benefits, an applicant’s resources cannot exceed $2000. N.J.A.C. 10:71-4.5(c). Resources are defined as: any real …
I Refuse to Give Up My Savings to Pay My Husband’s Nursing Home Bill
Understanding What Spousal Refusal Means Under Medicaid Law Spousal refusal is recognized under federal law. See 42 S.C. § 1396r-5(c)(3). It applies specifically in …
Protect Your 401k or IRA from NJ Medicaid
Under the federal regulations for Social Security Income (SSI) eligibility, the 401k’s of a spouse living with the applicant are specifically excluded resources. See …
Is There Legal Liability When an Incapacitated Person Signs a Contract?
• A contract signed by an incapacitated person is generally voidable by the incapacitated party, meaning they can terminate it at any reasonable time …
Our experience at your firm was positive in all regards
We enjoyed our meetings with Fredrick P. Niemann, Esq. He made us feel completely at ease as he patiently explained and answered our questions …
Installation of a Complex Computer System Ruled Not Subject to the NJ Consumer Fraud Act
The Consumer Fraud Act (CFA) provides protection for many NJ consumers when dealing with the sales of real estate and merchandise. The Act provides …
Will Too Much Trustee Discretion Invalidate a Special Needs Trust?
Here’s a recent client case I addressed involving a supplemental needs trust. A disabled daughter had been receiving SSI and Medicaid for about 10 …
What to Do When You Inherit a Nonqualified Commercial Annuity
• As a beneficiary of a nonqualified annuity, you have options to choose from when an annuity is passed on to you. Clients who …
The New Jersey Consumer Fraud Act and Does it Apply to NJ Hospitals?
Are New Jersey hospitals subject to the Consumer Fraud Act (CFA)? The answer is, no! Under the learned professional exception of New Jersey law, …
The Small Claims Court to Collect Past Due Rent and Damages to Your Property by a Tenant
When a tenant stiffs you for unpaid rent or fails to pay for damages done to your property, many landlords are unfamiliar with the …
The New Jersey Consumer Fraud Act and New Jersey Nursing Homes
The Admission Agreements for nursing homes under the NJ Consumer Fraud Act (CFA) has been analyzed by the courts. Ther New Jersey CFA prohibits: …
Here’s a Quick Summary of NJ Waiver Requirements Before the Transfer of a Decedent’s Property
The New Jersey Transfer Inheritance Tax is a lien on all property owned by a decedent as of the date of his/her death for …
New Jersey Offers Veterans a Number of Valuable Services
I came across a website sponsored by the state of New Jersey which is a terrific guide for available resources to veterans in New …
Are Doctors, Psychologists, and Accountants Subject to a Restrictive Agreement Not to Compete?
Restrictive agreements of physicians are still enforceable. The Supreme Court found nothing in the nature of the medical profession requiring exemption from the general …
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 …