Distribute Probate Estate Funds Cautiously, But Don’t Be Unreasonable
A client’s father’s estate is in probate. His son is the personal representative. Dad’s will leaves everything to his two sons (brothers) to share …
If You Have a Trust, Do You Also Need a Last Will?
If you have a living trust in place, why would a person need a will? The answer straightforward : You need a last will …
Adult Estranged Child Not Entitled to Anything From Parent’s Estate
A client’s late mother and daughter were estranged for years, but she was still shocked to learn mom cut her out of her will …
New Jersey Medicaid Not Repaid From Third Party Trust
Recently, I met with new clients who are grandparents to many grandchildren, one of which is special needs. I was asked if Medicaid will …
Should New Jersey’s Department of Motor Vehicles Be Alerted to An Aging Parent’s Unsafe Driving?
Many clients want to avoid going to the DMV about their parent(s). He or she may be mentally sharp, but their vision is deteriorating. …
Medicaid Gifting Rules and the Annual Federal Gift Tax Exclusion Are Unrelated: Don’t Be Confused!
I’ve written numerous posts about Medicaid gifting and the misconceptions surrounding the annual gift tax exclusion rules. Generally, I’m asked the question whether New …
Becoming Guardian for an Elderly Father Should Be Last Resort
Questions about how to go about becoming a parent’s legal guardian are asked every week. Often by siblings who are at odds with other …
An Incapcaitated Mother’s Successor Trustee is Overwhelmed by Duties. So What Can They Do?
Here’s an unfortunate story. Mom is incapacitated. She can no longer serve as trustee of her living trust. As successor trustee, the job has …
Commercial Leases: Does it Matter if You Fail to Give Notice of Intent to Renew Your Lease?
A common provision in commercial leases is an option requiring the tenant to notify the landlord of their intention to renew the lease or …
Monmouth/Middlesex Adult Protective Services Presents In-House Training Seminar to the Attorneys and Staff at Hanlon Niemann & Wright
It was our pleasure on June 18, 2019 to welcome Ms. Jessica Reyes, Director of the Monmouth/Middlesex County Adult Protective Services, to Hanlon Niemann …
Bank Accounts Must Go Through Probate If There Is No Beneficiary Designated
Many banks have strict policies regarding accounts that are subject to probate. They demand that the surrogate court provide “letters testamentary” before they’ll release …
Hanlon Niemann & Wright Testimonials
Whenever you use an accounting firm, or as in this case, a law firm, you expect technical excellence in the work they do. Hanlon …
A DNR (Do Not Resuscitate) Order is Legal in New Jersey Without a Terminal Illness
We’ve all heard about a “Do Not Resuscitate Order” (DNR) but probably don’t know (precisely) what it means, or how it applies to …
New Jersey Adopts a New Law Which Will Allow You to Die With Dignity and on Your Terms
The State Legislature recently adopted a law entitled “Aid and Dying for the Terminally Ill Act” which will allow a qualified terminally ill patient …
Felt comfortable during my visit
After finding Fred Niemann on the internet and watching many of his videos, I knew his firm was knowledgeable in more than just Wills …
Don’t Blow It! You Can Still Make a Late and Inexpensive Portability Election to Eliminate and/or Reduce Future Estate Death Taxes
“Portability” (I’ll explain its definition later in the blog) allows the personal representative of an estate to preserve a deceased spouse’s unused federal estate …
No Contest Clause in Will Can Be (Un)enforceable in New Jersey
Many clients want to avoid challenges to their Last Will and Trust. They are generally concerned about some family member who is “all about …
Appealing From a Contempt of Court Order in a Civil Case
Sometimes Judges impose seemingly harsh decisions which can include (at times) sanctions for monetary penalties and mandatory participation in programs and/or court sanction organizations. …
Bringing Legal Action Against a Trustee Because the Trust is Performing Poorly in the Market
Who is Responsible When a Trust Shows Poor Economic Performance? Poor performance from trusts, coupled with today’s financial and accounting scandals, have fueled investor …
A Legal Guardian Can Create a Trust for the Benefit of a Minor Child
Question A parent dies with a large estate and leaves behind a minor child(ren). The decedent was divorced when he/she died. How can the …
A Court Cannot Appoint a Receiver for a Corporation or LLC Without Proper Legal Notice
A recent case from the Appellate Division reminds us that the court rules which address business litigation must be closely followed. A Trial Judge …
Creditors of an Estate Can Sue Beneficiaries and the Executor if the Debt is Not Paid
A creditor of a deceased person is allowed to file a claim against an estate if his/her claim is timely filed with the surrogate’s …
Thank you for your help
I thank you for all of your help with our Estate planning and Medicaid needs over the past several years. All of your advice …
Oh No, I’m Getting Money; Now What Do I Do?
I get quite a few calls from attorneys who have settled cases or obtained judgments in favor of their clients to compensate them for …
Short-Term Care Insurance: An Alternative to the Long-Term Care Variety
Truth be told, I really had never heard about short term care insurance. I’m a really big advocate for long term care insurance though …
If You Don’t Pay Your Arbitration Fees, You Forfeit the Right to Arbitrate Your Dispute, Court Rules
If your contract requires mandatory arbitration and you fail to pay the arbitration fee in advance, you automatically waive your right to enforce an …
Guardianship and Your Right to Vote
A colleague who knows of my extensive guardianship law background asked if he was correct in his thinking that a person declared to be …
If Your Business Charter is Revoked in New Jersey, You Can’t Bring Legal Action
The judge concluded correctly that E&V’s failure to reinstate its revoked corporate charter precluded E&V from filing this action. Background E&V, a construction contractor …
New Jersey Tax Laws Strike Again: New Jersey Just Added Another Tax – This Time It’s a Tax on Short-Term Rentals
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County NJ Real Estate Law Firm If you engage in …
When You Sign a Business Contract You Absolutely Must Negotiate Litigation Provisions Outside of New Jersey
By Fredrick P. Niemann of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Business Corporation and Contract Law Attorney I have …