The Importance of Having a Premarital Agreement
A Premarital Agreement is a legal contract that outlines how a couple’s assets and debts will be divided in the event of divorce or …
Can You Still Win a Probate Case When the Original Will is Lost or Destroyed? Part 2 of a 2 Part Series
Proving That the Destruction of a Will Was Not Done by the Deceased In Part 1 of this blog, I discussed how to prove …
Can You Still Win a Probate Case When the Original Will is Lost or Destroyed? Part 1 of a 2 Part Series
In the case of a lost or destroyed will, “the burden of proof is upon the proponent” to show, with clear and convincing evidence,” …
Responsible, Caring Staff
The staff at Hanlon, Niemann & Wright are knowledgeable, friendly, courteous and had the ability to explain the process when I was preparing my …
Alzheimer’s Disease and Eligibility for Medicare Hospice Acceptance
Shout out to our friends at Affinity Hospice & Palliative Care for a very good post about being eligible for Medicare Hospice care in …
Are Evictions from Assisted Living Facilities and Nursing Homes Now Permitted in NJ?
New Jersey’s Governor signed a new law on evictions during the COVID-19 emergency. For many of our clients whose family members live in long …
How Can a Trustee Close Out a Trust in NJ?
In New Jersey, it appears that there is a formal and an informal way to close out and finalize a trust. It is …
A Party’s Tax Returns Are Generally Protected from Disclosure in Litigation… But Not Always
The NJ Court Rules control the procedural aspects of all litigation in the state. Rule 4:10-3 allows a court to prevent the disclosure of …
Is a Line of Credit Income Under NJ Medicaid Eligibility Standards?
A line of credit is not income for the purpose of Medicaid eligibility. Borrowed funds are specifically excluded from income for the purpose of …
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 …