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Are Doctors, Psychologists, and Accountants Subject to a Restrictive Agreement Not to Compete?

HNW April 1, 2024Employment Law

Restrictive agreements of physicians are still enforceable. The Supreme Court found nothing in the nature of the medical profession requiring exemption from the general …

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Employment Law

Is an IRA or 401(k) Exempt from a Spousal Elective Share Claim?

HNW March 27, 2024Estate Administration and Probate

I’ve written a lot about the elective share rights of a surviving spouse when he or she is omitted from the will of his/her …

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Estate Administration and Probate

Hanlon, Niemann & Wright was so patient and helpful when I needed advice on Medicaid approval

HNW March 23, 2024Applying for Medicaid Long Term Care Benefits, Testimonials

I knew I picked the right firm when Mr. Niemann returned my call. He was helpful with any questions I had. It was a …

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Testimonials - Medicaid

Recognizing The Different Forms Of Prohibited Consumer Fraud

HNW March 23, 2024Consumer Fraud

Consumer fraud prohibited under the NJ Consumer Fraud Act prohibits many acts of fraud.  Luckily, there are attorneys at Hanlon, Niemann & Wright who …

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Consumer Fraud

FDIC Changes Insurance Coverage of Trust Bank Accounts

HNW March 17, 2024Understanding When a Trust Should Be Used in NJ

Accounts titled in a trust may be insured by the FDIC for up to $1.25 million, rather than the current $250,000 limit on many …

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Trust Law and Litigation

Access Ramps: Who Must Pay for Them Under the Fair Housing Act

HNW March 13, 2024Real Estate, Landlord/Tenant, and Zoning

The construction of a ramp to access a building is a modification under the Fair Housing Act and therefore will be paid for by …

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Landlord Tenant Laws

The New Jersey Consumer Fraud Act Protects Consumers against Fraudulent Practices of Big Businesses

HNW March 8, 2024Consumer Fraud

By Fredrick P. Niemann, a NJ Consumer Fraud Act Attorney Unfortunately, consumer fraud is increasing throughout New Jersey. Fraudulent actions range from small purchases …

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Consumer Fraud

Here’s an Overview of Medicare Health Insurance

HNW February 29, 2024Elder Care Law

Medicare is a federal program of health insurance. Medicare pays for acute illness but it is not a program designed to provide benefits for …

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Elder Care Law

A Government Approved Vendor is Immune from the NJ Consumer Fraud Act…Sometimes

HNW February 22, 2024Consumer Fraud

Here’s an unlikely (and probably unbelievable) plaintiff seeking economic restitution after being released from jail and having purchased items at the Bergen County Jail’s …

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Business and Corporate Legal ServicesConsumer Fraud

Just How Far Can a Guardian Go in Making Health Care Decisions?

HNW February 19, 2024Guardianship Law, Power of Attorney

Guardianship is an import tool for protecting incapacitated adults who are unable to care for themselves. One role of the guardian is to make …

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Guardianship Law

Home Inspection Companies Can Be Sued Under the New Jersey Consumer Fraud Act

HNW February 12, 2024Consumer Fraud, Real Estate, Landlord/Tenant, and Zoning

Home inspectors have not historically been recognized as “learned professionals”, as that term is defined under N.J. case law. The Consumer Fraud Act as …

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Consumer FraudLandlord Tenant Laws

How to Pursue Legal Claims in an Estate Administration

HNW February 9, 2024Estate Administration and Probate

We recently received a call from a personal injury attorney in need of help.  The attorney had pursued a wrongful death claim on behalf …

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Estate Administration and Probate

We will be glad to return to the firm if the need arises

HNW February 8, 2024Special Needs Trusts for Minor Children and Adults, Testimonials

We called with a sense of urgency due to Grandma’s health. The firm explained the logic and rational behind a Special Needs Trust for …

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Testimonials - Special Needs Trusts for Minor Children and Adults

The Importance of Having a Premarital Agreement

HNW January 31, 2024Estate Planning

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 …

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Estate PlanningPremarital Agreement

Can You Still Win a Probate Case When the Original Will is Lost or Destroyed?  Part 2 of a 2 Part Series

HNW January 31, 2024Will Contest and Probate Litigation

Proving That the Destruction of a Will Was Not Done by the Deceased In Part 1 of this blog, I discussed how to prove …

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Will Contest and Probate Litigation

Can You Still Win a Probate Case When the Original Will is Lost or Destroyed? Part 1 of a 2 Part Series

HNW January 23, 2024Will Contest and Probate Litigation

In the case of a lost or destroyed will, “the burden of proof is upon the proponent” to show, with clear and convincing evidence,” …

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Will Contest and Probate Litigation

Responsible, Caring Staff

HNW January 21, 2024Testimonials

The staff at Hanlon, Niemann & Wright are knowledgeable, friendly, courteous and had the ability to explain the process when I was preparing my …

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Testimonials - Last Will and Testament

Alzheimer’s Disease and Eligibility for Medicare Hospice Acceptance

HNW January 18, 2024Hospice Care Planning

Shout out to our friends at Affinity Hospice & Palliative Care for a very good post about being eligible for Medicare Hospice care in …

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Hospice Care Planning

Are Evictions from Assisted Living Facilities and Nursing Homes Now Permitted in NJ?

HNW January 13, 2024Applying for Medicaid Long Term Care Benefits, Discharge from a NJ Nursing Home Defense

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 …

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Applying for Medicaid Long Term Care BenefitsDischarge from a NJ Nursing Home Defense

How Can a Trustee Close Out a Trust in NJ?

HNW January 3, 2024Understanding When a Trust Should Be Used 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 …

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Understanding When a Trust Should Be Used in NJ

A Party’s Tax Returns Are Generally Protected from Disclosure in Litigation… But Not Always

HNW December 23, 2023Shareholder Rights Litigation

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 …

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Shareholder Rights Litigation

Is a Line of Credit Income Under NJ Medicaid Eligibility Standards?

HNW December 13, 2023Medicaid Eligibility and Asset Protection Planning

A line of credit is not income for the purpose of Medicaid eligibility. Borrowed funds are specifically excluded from income for the purpose of …

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Medicaid Eligibility and Asset Protection Planning

Curb Cuts: Who Must Pay for Them Under the Fair Housing Act

HNW December 3, 2023Real Estate, Landlord/Tenant, and Zoning

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 …

Read More
Landlord Tenant Laws

Understanding the Legal Concept Known as “Quantum Meruit” Under NJ Contract Law

HNW November 22, 2023Contract 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”: …

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Contract Law

A Refresher Blog About the NJ Prudent Investor Act

HNW November 10, 2023Estate Administration and Probate, Understanding When a Trust Should Be Used in NJ

In a recent NJ case, a plaintiff claims the trial court erred by failing to find defendant violated The Prudent Investor Act (the Act) …

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Estate Administration and ProbateUnderstanding When a Trust Should Be Used in NJ

A Real Estate Broker is Screwed When She Fails to Get a Signed Listing Agreement

HNW October 30, 2023Business and Corporate Legal Services, Business Litigation

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 …

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Business and Corporate Legal ServicesBusiness LitigationContract LawReal Estate

Everything was just right

HNW October 25, 2023Testimonials

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 …

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Testimonials - Estate PlanningTestimonials - Last Will and TestamentTestimonials - Trusts

Understanding the Legal Rights of Same-Sex Spouses of Minor Children

HNW October 20, 2023Estate Planning, Guardianship Law

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 …

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Estate PlanningGuardianship Law

We were very satisfied with the personalized attention and prompt work

HNW October 15, 2023Testimonials

We are very satisfied with the service with wills/directives and would recommend Hanlon, Niemann & Wright, PC to anyone. Phillip & Bernadette Dunphy, Fair …

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Testimonials - Estate PlanningTestimonials - Last Wills and Testament

Can You Receive Any Services and Benefits from Medicaid During a Penalty Period

HNW October 10, 2023Applying for Medicaid Long Term Care Benefits

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) …

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Applying for Medicaid Long Term Care Benefits
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Hanlon Niemann & Wright Law Firm

83 South Street
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Freehold, NJ 07728
Phone: (732) 863-9900
Email:  fniemann@hnlawfirm.com

 

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