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 …
A Court Can Order a Contractor to Finish the Job Instead of Giving Money Damages
Money damages are generally given in a breach of contract case. Sometimes a court will order a contractor to finish a job instead of …
Guardianship and Civil Commitment
Almost every day, a family contacts my office with concerns about their loved ones’ mental health and has questions about New Jersey’s Civil Commitment …
Does a Life Estate Holder Who is Also an Owner of Real Estate Get Paid Twice Upon Sale?
Here’s an interesting case. A sister and two brothers are named as owners on a deed. Sister also has life rights to the property. …
Fredrick P. Niemann, Esq. Appointed to the Monmouth County Probate and Estate Administration Committee
Hanlon, Niemann & Wright, a prominent Probate and Estate Administration Law firm located in Central New Jersey is pleased to announce that Fredrick P. …
Fredrick P. Niemann, Esq. Appointed to the Monmouth County Elder Law Committee
Hanlon Niemann & Wright, a prominent Elder Law firm located in Central New Jersey is pleased to announce that Fredrick P. Niemann, Esq. has …
I can’t think of anything that can improve the quality of our experience
We felt extremely comfortable during interactions with Mr. Niemann and Ms. Halpin. Their advice, suggestions (and wisdom) was appreciated and clearly reflected that the …
Trustee Duties in Settling and Closing Out a Trust
In New Jersey, a trustee may close out and finalize a trust by filing an Action for the Settlement of Accounts with the Superior …
This firm is the best
This firm is the best. Professional, caring, and efficient. We plan to use them whenever we need an attorney. Fred Niemann is fantastic! Robert …
Fredrick P. Niemann, Esq. Appointed to the Monmouth County Chancery Practice Committee
Hanlon, Niemann & Wright, a prominent Elder Law firm located in Central New Jersey is pleased to announce that Fredrick P. Niemann, Esq. has …
Medicaid Balanced Billing: A Medicaid Approved Provider Cannot Demand More Money Than Medicaid Pays
Balance billing by Medicaid providers is clearly prohibited by both state and federal law. Under 42 U.S.C. § 1396u-2: Each Medicaid managed care organization …
How the SECURE Act Changes Inherited IRA Planning
Federal tax laws which allowed retirement accounts to remain tax deferred by allowing certain beneficiaries to delay the withdrawal of account funds over their …
Are Beneficiaries Entitled to Economic Damages When a Trustee Breaches an Obligation(s) of the Trust
Under N.J.S.A. 3B:31-72(a), [a] trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of: (1) the amount …
If Your Business Makes Too Much Noise, You’re Going to Get Shut Down and Be Sued
There is a legal action known as a “private nuisance”. “The essence of a private nuisance is an unreasonable interference with the quiet use …
The entire process was handled professionally. I felt confident that my concerns were understood.
I felt that all our questions and concerns were heard. Mr. Niemann listened and then offered choices and thoughts that I would never had …
Hanlon Niemann & Wright Is Pleased to Announce Two New Attorneys to Our Firm
We welcome Mr. Eric Lee, Esq. who comes to us with extensive experience in general litigation and commercial matters. Mr. Lee has significant experience …
Can I Compel a Trustee to Make Distributions of Income During the Winding Up of a Trust?
The general answer is no, unless the trust agreements compels the trustee to make partial distributions during the winding up of the trust and …
How to Correct a Mistake in a Certificate of Formation
Recently a client provided me with a NJ LLC Certificate of Formation he filed online by himself several weeks previously. For unknown reasons, he …
Use of Self-Attestation
States may accept self-attestation of non-financial eligibility criteria for Medicaid, except as required by law or regulation (citizenship and immigration status, Asset Verification System). …
Processing New Applications
For Medicaid, CHIP, and BHP, states must accept applications from the applicant, an adult in the applicant’s household, an authorized representative, or if the …
Changes in Circumstances
States must have procedures in place designed to ensure that beneficiaries in Medicaid, CHIP, and a BHP can timely and accurately report changes in …
Reconsideration Period
For MAGI Medicaid and CHIP beneficiaries whose eligibility has been terminated at renewal, the agency must reconsider the individual’s eligibility without requiring the individual …