If Your Business Makes Too Much Noise, You’re Going to Get Shut Down and Be Sued
There is a legal action known as a “private nuisance”. “The essence of a private nuisance is an unreasonable interference with the quiet use …
The entire process was handled professionally. I felt confident that my concerns were understood.
I felt that all our questions and concerns were heard. Mr. Niemann listened and then offered choices and thoughts that I would never had …
Hanlon Niemann & Wright Is Pleased to Announce Two New Attorneys to Our Firm
We welcome Mr. Eric Lee, Esq. who comes to us with extensive experience in general litigation and commercial matters. Mr. Lee has significant experience …
Can I Compel a Trustee to Make Distributions of Income During the Winding Up of a Trust?
The general answer is no, unless the trust agreements compels the trustee to make partial distributions during the winding up of the trust and …
How to Correct a Mistake in a Certificate of Formation
Recently a client provided me with a NJ LLC Certificate of Formation he filed online by himself several weeks previously. For unknown reasons, he …
Use of Self-Attestation
States may accept self-attestation of non-financial eligibility criteria for Medicaid, except as required by law or regulation (citizenship and immigration status, Asset Verification System). …
Processing New Applications
For Medicaid, CHIP, and BHP, states must accept applications from the applicant, an adult in the applicant’s household, an authorized representative, or if the …
Changes in Circumstances
States must have procedures in place designed to ensure that beneficiaries in Medicaid, CHIP, and a BHP can timely and accurately report changes in …
Reconsideration Period
For MAGI Medicaid and CHIP beneficiaries whose eligibility has been terminated at renewal, the agency must reconsider the individual’s eligibility without requiring the individual …
Considering Eligibility on Other Bases and Eligibility for Other Insurance Affordability Programs
If a Medicaid beneficiary is no longer eligible for the category in which the beneficiary is enrolled, the Medicaid agency must consider whether the …
How Does Medicaid Treat the Alimony Obligation of a Former Spouse?
A client’s father has been paying permanent alimony for about 20 years and is now remarried. Both he and his current wife are receiving …
Renewal Form Requirements
If an ex parte renewal cannot be completed, the agency must provide beneficiaries with a renewal form and request information from the beneficiary. The …
Understanding the Ex-Parte Renewal Process for Continued Medicaid Eligibility When the COVID-19 Public Health Emergency Ends
In my previous blog I discussed how NJ will conduct renewals for continuing Medicaid eligibility. In this blog I will go over understanding the …
Adult Adoptions in New Jersey Are Legal but Seldom Done. Here’s Why:
Background of this blog A client of mine wants to adopt his 72 year old domestic partner. Both are registered domestic partners in NJ. …
How Will NJ Conduct Renewals for Continuing Medicaid Eligibility
In my previous blog I discussed what to do when NJ seeks to terminate your Medicaid long-term care benefits when the COVID-19 emergency ends. …
What to Do When NJ Seeks to Terminate Your Medicaid Long-Term Care Benefits When the COVID Emergency Ends
Under the FFCRA, New Jersey must maintain continuous enrollment of Medicaid beneficiaries through the last day of the month in which the PHE ends, …
Important Information About SSI and SSDI Reviews
Many of our clients with disabilities have recently begun receiving letters from the New Jersey Department of Labor and Workforce Development or the Social …
I don’t know how it could be better unless it was free :)
It was difficult for us to put our house in a trust. We did our research and walked away confused with so many different …
I would highly recommend Fred Niemann and this firm
I found Fred and his paralegal, Michelle easy to speak with during the process of rewriting my will and directives. They were highly professional …
The Decedent’s Probable Intent Should Be Clearly Stated in His Last Will and Testament
In interpreting how to interpret a will, a testator’s intent “as expressed in his will controls the legal effect of his dispositions, and the …
A Holder of a Life Estate Cannot Force a Partition of Real Estate
A court in NJ is allowed in an action for the partition of real estate to “direct the sale of the real estate if …
How Do You File for Guardianship? A Simple Step-by-Step Explanation
An action for guardianship of an alleged incapacitated individual and the proceedings required for a judgment of incapacity are governed by court rules and …
Busting Up a Town’s Single Family Zoning District is Tough
The Fair Housing Act does not give a developer the right to build an assisted living residence in a single family zoning district. A …
COVID, the Flu and the Law Against Discrimination
In a recent case handled by our office, a school district terminated a teacher in violation of the New Jersey Law Against Discrimination (LAD) …
A NJ Partnership That Owns Real Estate is Subject to a Petition Action by its Partners
In this case, three partners owned three properties as tenants in common in Newark (tenants in common means they each own a percentage of …
When Can NJ Tax the Income of a Trust?
I just finished reading statutes which address Tax Nexus and trusts, especially when a trustee administers a NJ trust for out-of-state beneficiaries. I always …
A Medicaid Application Can Be Like a Tax Audit
When describing the Medicaid application process, I often reference it to a tax audit. It is an intrusive government review of an applicant’s finances …
Here’s a Brief Overview of an Involuntary Civil Commitment Process
When a patient presents to a psychiatric screening service, the service has 24 hours to issue a screening certificate to the patient being detained …
We were able to achieve all our goals
I used the services of Hanlon Niemann & Wright to help me with asset planning and a Medicaid application after my Dad had a …
A Liquidated Damage Cause in a Breach of Contract Cases Isn’t Always Enforced
A recent case I read involved a dispute over a $852,100 deposit made by a buyer in connection with a commercial real estate sale …