Can a New Jersey LLC Register a Foreign Trademark(s) in the United States?
Sometimes international legal issues are complicated. Today’s blog topic has a relatively simple answer, though the actual process of registering a foreign trademark is …
The Importance of the Resolution Before the Municipal Zoning Board of Adjustment
New Jersey law mandates that a zoning board must make specific findings of fact and conclusions of law in each decision on an application …
Tips For Both the Buyers and Sellers of a Business in NJ: Protecting Yourself in a Non-Compete Agreement
Work with an experienced Attorney This introduction may read as self-serving since Hanlon, Niemann & Wright is a law firm, but I am very …
Should a Disabled Child’s Support Payment Be Paid Into an Irrevocable Special Needs Trust?
A disabled child’s support payment can and often should be paid into a Special Needs Trust to preserve their eligibility for public benefit programs. …
Friendly and Professional Atmosphere!
We had a wonderful experience working with Hanlon, Niemann & Wright on our will. From start to finish, the team was warm, patient, and …
Warm, Knowledgeable and Friendly
I recently visited Fred Niemann at Hanlon Niemann & Wright to create my will, and I couldn’t be more pleased with the experience. From …
Understanding What the Terms Mental Illness, Mental Impairment, and Neurological Impairment Mean
What Qualifies as Mental Illness? Mental illness refers to conditions that affect a person’s thinking, emotions, behavior, or mood, significantly impacting daily life. The …
Under What Circumstances (If Any) Can the Creator of an Irrevocable Trust Revoke Their Irrevocable Trust?
This blog provides a summary of New Jersey law addressing when an irrevocable trust can be revoked. This blog discusses whether the use of …
A Business Can Sue and Be Sued for Defamation
A business can be sued for defamation in New Jersey. A defamatory statement is one that is false and “injurious to the reputation of …
What Steps Can I Take to Ensure My Safe Discharge if No Proper Documentation is Provided?
If you’re facing discharge without proper documentation, there are several steps you can take to protect yourself and ensure a safe transition: First, request …
What If New Jersey Fails to Obtain a Screening Document to Support Temporary Commitment?
In New Jersey, If the State Fails to Obtain a Screening Document to Support Temporary Commitment, What Are the Remedies Available to the Individual …
Understanding the Adoption 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 …
New Jersey Medicaid Will Pay Medicare Premiums For a Person With Less Than $1,215 a Month of Income
Qualified Medicare Beneficiaries Yes, New Jersey Medicaid can pay for Medicare premiums for individuals with very low income, such as less than $1,215 per …
Yes, You Owe Federal and New Jersey Income Taxes on Gambling Winnings
Hitting the jackpot in Atlantic City while gambling makes you feel great (I don’t know that feeling, since I don’t gamble… except in the …
You Don’t Lose Your Status as a Partner if You Assign Your Partnership Interest to Your Revocable Trust
Four dentists formed a partnership to acquire and maintain a dental office building. The then-partners amended their agreement to allow one of the partners …
Digital Assets and Your Estate Plan
Estate plans may soon need to address digital assets. The reason is the innovation of Artificial Intelligence (AI). Understanding digital assets and your estate …
The Current State of Agreements Against Non-Disclosures of Confidential Information
Non-disclosure/Confidentiality Agreements Non-disclosure agreements are also known as confidentiality agreements, confidentiality disclosure agreements, and non-disclosure contracts. A non-disclosure agreement (NDA) is a legal agreement …
Truly Grateful for Their Support During a Stressful Time
I cannot recommend and thank Hanlon Niemann & Wright enough! Mr Niemann was outstanding in explaining the entire process and the steps that needed …
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 …