Update on government records (OPRA) and citizen rights
You may beat the system but still have to pay your attorney fees. It is not a sure thing that a citizen filing suit …
New Jersey town allowed to zone out
Without comment, the U.S. Supreme Court has decided not to review a much publicized case in which Long Branch zoned a self described mission …
Trust’s attorney not liable under RICO
A federal appeals court upholds the dismissal of a trust beneficiary’s lawsuit claiming that an attorney who worked for the trustee violated the Racketeer …
Study: Bankruptcies soar for senior citizens
First came the health problems. Then, unable to work, Ada Noda watched the bills pile up. And then, suffocating in debt, the 80-year-old did …
Census reports senior citizen population to double by 2050
A U.S. Census Bureau report yesterday said the number of citizens age 65 and older will more than double their current number from 38.7 …
Real Estate Crisis – Foreclosure Procedure Updated
The New Jersey Supreme Court has adopted a set of new and revised rules on mortgage foreclosure procedures designed to modernize the foreclosure practice …
A Sublease Violation Costs Tenant it’s Lease; Court Allows Eviction
Don’t assume knowledge of a violation of a lease provision will allow you to avoid eviction. A recent NJ decision involving a commercial landlord …
Estate’s former attorney disqualified from representing client in action to remove executor
A court rules that attorneys for estates necessarily have an attorney-client relationship with the estate’s executor. This disqualifies an estate’s former attorney from later …
Agent with power to gift under POA cannot make unlimited gifts or change retirement beneficiaries
A recent appeals court rules that a durable power of attorney that allows the agent to “make gifts” does not accord the power to …
Foreclosing Bank Denied Legal Fees and Costs
In a foreclosure, a plaintiff cannot recover counsel fees against a homeowner or borrower in foreclosure actions prior to filing the foreclosure complaint. A …
Pitfalls of Improperly Drafted Will
A number of years ago, I received a call from a potential client who had the following tale to tell. The woman’s husband had …
Press Release-07-2008
FOR IMMEDIATE RELEASE Hanlon Niemann Receives 2008 Best of Freehold Award U.S. Local Business Association’s Award Plaque Honors the Achievement WASHINGTON D.C., July 17, …
Thinking of blowing the “whistle” on your boss? (New Jersey’s Conscientious Employee Protection Act)
There are numerous federal and state laws that protect “whistleblowers” who report the unfair or illegal practices of their employers, of which New Jersey’s …
What are the Medicaid implications of a second marriage?
Seniors who get remarried are often concerned about what will happen to their assets if their new spouse enters the nursing home in the …
Can a spouse keep the marital home if the other spouse enters a long-term facility?
For more information about Medicaid and Medicare, click here: Many families are concerned that if a spouse enters a long-term care facility, then the …
New Jersey Court holds Executors and Trustees potentially liable for damages
Punitive Damages Okayed in Probate Case: The New Jersey Supreme Court on July 22, 2008 considered the circumstances in which it is appropriate to …
Fact Sheet — Understanding the Veterans Pension Benefit (Commonly Called Aid and Attendance)
Why is it important for government agencies, care providers or eldercare advisers to know about this Pension? The national care planning Council estimates that …
Car Accidents Occur Every Ten Seconds
here is an automobile accident every 10 seconds of every day in America, over 6 million every year. Every 13 minutes there is a …
I am looking to buy an existing franchise. What do I do?
Although the FTC-required disclosure documents are mandatory for first-time purchasers of a franchise, there are no required government disclosure documents that must be furnished …
What are some common sense tips to use when you negotiate a prenuptial agreement?
The old saying goes “a little bit older, a little bit wiser.” If your next marriage isn’t your first one, then you have probably …
What are the estate planning considerations in a second marriage later in life?
For more information about probate and estate administration, estate tax planning or estate/trust litigation, click here: Many widows and widowers simply do not like …
What is a franchise agreement?
The franchise agreement is the cornerstone document of the franchisee–franchiser relationship. It is this document that is legally binding on both parties, laying out …
Why is it important to have a prenuptial agreement for a second marriage?
Due to an increased life expectancy, a 50% or higher divorce rate in the United States, and an increasing amount of second marriages, prenuptial …
Bicycles and Head Phones Do Not Mix
There is a tragic story out of Virginia. Apparently a 15 year old was riding his bicycle when a car approached him from the rear. …
State May Not Recover From Surviving Spouse’s Estate If Medicaid Recipient Had No Legal Interest at Death
The Supreme Court of Minnesota rules that Medicaid may not recover from the estate of a Medicaid recipient’s surviving spouse if, at the time …
How to Reduce Long-Term Care Insurance Costs
While long-term care insurance can be a good way to pay for a nursing home stay or a home health care worker, it doesn’t …
Landlords Beware: Commercial Tenant Failure to Obtain Municipal Permits is Not Grounds For Eviction
The New Jersey Appellate Division in an unpublished decision, Cesar S. Arredondo v. Nersy Pujols, Docket No. A-5459-05T25459-05T2, ruled that breaches of both of …
Redo Your Estate Plan Before You Remarry
If you are getting remarried, you obviously want to celebrate, but it is also important to focus on less exciting matters like redoing your …
Tenant Filing for Bankruptcy? Take Action Now to Protect your Rent.
Experienced, no nonsense attorneys for Landlords. Commercial Landlords: Four Important Questions to Ask When a Tenant Files for Bankruptcy With the recent downturn in …
New Medicaid Law Means Adult Children Could Be on Hook for Parents’ Nursing Home Bills
The adult children of elderly parents in many states could be held liable for their parents’ nursing home bills as a result of the …