Navigating New Jersey’s Laws on Adoption and the Termination of Parental Rights
In the absence of a biological parent’s consent to surrender parental rights, a court must terminate the parental rights of the biological parent before …
Do Beneficiaries Pay Taxes on Life Insurance Policies?
Do you have to pay taxes on money received as a beneficiary? The general answer to my blog title is no; not usually. Most …
Implied Covenant of Good Faith and Fair Dealing Applies to All NJ Contracts and the NJ Consumer Fraud Act
An important law governing New Jersey commercial transactions is known as the “implied covenant of good faith and fair dealing”. This law states that …
Just How Far Can You Go with Making a Conscientious Employee Protection Act (CEPA) Claim Against Your Employer? (Part 2 of 2)
In my last blog I discussed a public employment case involving a corrections officer employed at Fort Dix. He claimed employment retaliation because of …
Just How Far Can You Go with Making a Conscientious Employee Protection Act (CEPA) Claim Against Your Employer? (Part 1 of 2)
CEPA is a complex statute and a detailed series of court decisions that interpret it. This blog will discuss whether CEPA covers reported violations …
The NJ Revised Uniform Limited Liability Company Act Limits Derivative Lawsuits by Family Members of a Small LLC
This case originated as a dispute between brothers over the managerial rights of a family owned LLC. Each member owned a 48% interest in …
In Probate Disputes and Will Contests Only Reasonable Counsel Fees and Costs can be Ordered Charged to the Estate
I recently received a contested probate case which appealed the trial judge’s award of attorney’s fees and costs to the parties following a lengthy …
Can You Sue Your Insurance Agent for Not Recommending Enough Coverage?
Do you have enough insurance? Does your insurance agent ever discuss your coverage? Without enough insurance you risk loss of your savings and property. …
Medicare Open Enrollment Starts October 15th. Act Now!
If you have Medicare and want to change your plan and secondary coverage you have the opportunity now to do it. If you miss …
Sue Your Bogus Consumer Repair and Products Replacement Insurance Company
It bothers me when you buy insurance to protect against future repairs and replacement of defective parts and/or products and when a claim is …
Can My Family Inherit My Season Tickets Under a Parent’s Will or Trust?
New Jersey like New York is sports crazy especially when it comes to the Yankees, Mets, Jets, Giants, Rangers, Devils, Phillies and Eagles. (I …
NJ Allows for the Filing of a Medical Guardianship
Individuals with cognitive disabilities are eligible to have a medical guardian appointed on their behalf. Individuals with unique medical needs such as uncontrolled schizo-affective …
Medicaid Approves Both the Transfer of Parents Home to a Caregiving Child and Long-Term Care Benefits to the Parent
NJ has gotten really tough on approving transfers of a parent’s home to a child who provided care to their parent to avoid nursing …
Claiming to Be a Victim of Discrimination Isn’t Enough to Win an Employment Discrimination Case
I notice that many employees (actually they are now former employees when they bring their lawsuit) allege a violation of the New Jersey Law …
A Former Employer Cannot Claim “Specialized Knowledge Gained on the Job” to Stop an Employee from Leaving
One of the nation’s largest home building companies applied to court for injunctive relief to prevent one of his former employees from misappropriating alleged …
Fredrick P. Niemann, Esq. Appointed to Monmouth Bar Association’s Probate and Estate Administration Committee
Hanlon, Niemann and Wright, P.C. of Freehold, N.J. is pleased to announce that Fredrick P. Niemann, Esq. has been appointed to a one-year term …
When Can Beneficiaries Demand That Legal Fees and Costs Be Assessed Against an Executor?
Here’s an interesting case I recently read about. The case involved an executor who did a lousy job being the executor of an estate. …
New Jersey Adopts Domestic Worker’s Bill of Rights Effective July 1, 2024
The New Jersey Domestic Worker’s Bill of Rights Act (S-723/A-822) establishes a broad range of rights and employment protections for domestic workers. The impact …
How to Get into a Nursing Home When Medicaid is Needed ASAP
Getting into a nursing home as a Medicaid recipient is not always easy. With the median cost of a nursing home room being more …
New Jersey Adopts Medical Debt Act Which Restricts Collection Efforts By Healthcare and Other Medical Providers
In approximately 180 days, New Jersey will adopt the Medical Debt Act. Medical debt includes expenses charged for the provision of numerous medically related …
Trusts as Members of NJ LLCs
This blog discusses whether a trust can be a member of a NJ LLC and addresses a few interesting questions about how a trust …
Learn About the Interstate Compact That Governs Runaways and Juvenile Delinquents from NJ
Kids run away from home all the time. As a parent, guardian or custodial agent, what can be done to bring them home? This …
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 …