Married … Well Not Really – A Long Term Care Quagmire
Jane calls us to relate the same problem that many Americans today are coping with, trying to care for aging parents. She calls …
The Unpredictability of Alzheimer’s Disease
So often, when working with families who are struggling to care for a loved one with dementia, the most frustrating part is the uncertainty …
Retirement Home Can Force Resident to Move to Higher Level of Care
Fredrick P. Niemann, Esq., NJ Elder Law Attorney A federal court has ruled that a continuing care retirement community (CCRC) can force one of …
Assisted Living Facility Residents Can Lose Their Homes if Their Facility Stops Participating in Medicaid
Most people want to avoid nursing home care. Many people believe that assisted living provides them with something better: choice, control, independence, and safety …
Politically Correct Language is an Inappropriate Policy; Harassment Policy Violates Free Speech
When a male graduate student pursuing a degree in military history was inclined to speak his mind in classroom discussions about women in combat …
Son Responsible For Mom’s Nursing Home Bill
Fredrick P. Niemann, Esq., NJ Asset Protection Attorney Many times the children of elderly clients ask whether they can be held responsible for Mom …
Plan for Long Term Care… Now… or Else
Fredrick Niemann, New Jersey Long Term Care Insurance Attorney “According to some sources, 60% of us will need long term care sometime during our …
When Not to Use a Special Needs Trust
By Fredrick P. Niemann, Esq., NJ Special Needs Trust Attorney Self-Settled Special Needs Trusts are often use when a person with disabilities receives a …
The Frail Senior and Obama-Care
Have you been wondering if the proposed Obama-Biden “plan to lower healthcare costs and ensure affordable, accessible, health coverage for all” would provide …
No Parental Immunity for Father Who Failed to Rescue Son from Fatal Fire
A father’s failure to remove his child from a car before it burst into flames falls outside the exercise of child-rearing philosophy which the …
The Home – To Transfer or Not to Transfer – Part 2
As we discussed last week, Joe wants to transfer his home to Jim, who lives there with his wife and children. But let’s change …
A Two Generation Family’s Long Term Care Crisis – Part 2
So, in last week’s blog I presented a common scenario, Mom and Dad both needing long-term care and nothing but a house left in …
The Law Has Changed: Read About This “Medicaid Near Miss”
Fredrick P. Niemann, Esq., NJ Medicaid Attorney Here’s a story I was told by a colleague. Mary was 85 years old and had been cared …
National Report Says States Have Ability to Curb Power of Attorney (POA) Abuse
Fredrick P. Niemann, Esq., a Power of Attorney Lawyer The misuse of powers of attorney to exploit the elderly appears to be on the …
The Home – To Transfer or Not to Transfer – Part 1
Home ownership has long been a large part of the American dream. Through the course of the 20th century, the percentage of Americans …
A Two Generation Family’s Long Term Care Crisis – Part 1
Fredrick P. Niemann, Esq., a Medicaid Attorney Mom and Dad are still living in their home which they own. They both need round the …
Finally, NJ Introduces a Middle Class Friendly Tax Law
Fredrick P. Niemann, Esq., an Estate Planning Attorney Pending in the NJ Legislature is a bill to amend the New Jersey transfer inheritance tax …
IRS Clarifies Recent Law Waiving Account Distribution Rules for 2009
Fredrick P. Niemann, Esq., an Elder Law Attorney The Internal Revenue Service (IRS) has issued guidance to financial institutions clarifying the new law that …
The Benefits of Fixed Annuities
If you are looking for a steady stream of income in retirement, an immediate fixed annuity may be the answer. An immediate fixed annuity …
Supreme Court Says Deceased Employee’s Ex-Wife Can Get His Pension Benefits
A new Supreme Court decision illustrates the importance of making sure your beneficiary designations are up-to-date. The Court has unanimously ruled that an employer …
The Risk of Going Through Medicaid Application Process Alone
Fredrick P. Niemann, Esq., NJ Medicaid Application Attorney When money is running out and the family is faced with the need to apply for …
Help for Persons with Disabilities in Monmouth County, NJ
Fredrick P. Niemann, Esq., a Special Needs Trust Attorney The Monmouth County Office on Disabilities, as part of the Division on Aging. Disabilities, and …
Your New Jersey Estate Plan Review Checklist Part 3
Fredrick P. Niemann, Esq., NJ Estate Planning Attorney What authority does the Trustee have to distribute the assets in the trust? Is the Trustee’s …
Exempt Medicaid Transfers
As a general rule, when assets are transferred to third parties, the transfer results in a period of Medicaid ineligibility. Some transfers, however, are …
Towns Can No Longer Ban Sex Offenders; Can Landlords?
In what has been viewed by many observers as a landmark decision an Appellate Division panel in the Superior Court of the State of …
Where has or will Mr. Niemann be speaking on topics of interest to you
Fredrick P. Niemann, Esq. was recently the featured speaker in Colts Neck, NJ at a seminar entitled Investments & Estate Planning for Trusts and …
LLC Ruling Favors Taxpayers
Anna was the mother of three children and the widow of the man who invented the heart defibrillator implant. In 1992, she created a …
Your New Jersey Estate Plan Review Checklist Part 2
Fredrick P. Niemann, Esq., a NJ Estate Planning Attorney Do you own assets held in joint accounts, or where you have a named beneficiary? …
Claiming a Parent As a Dependent
If you are caring for your mother or father, you may be able to claim your parent as a dependent on your income taxes. …
New Jersey Division on Civil Rights requires online filing of annual multiple dwelling reports
Effective August 18, 2008, N.J.A.C. 13:10-2.4 was amended to require all owners of multi-family dwellings to file the annual MDRR report online at the …