Do Not Fail to Provide Your Partner with an Accounting if Demanded
Plaintiff and defendant formed a partnership to rent property to various tenants. When plaintiff asked defendant for his share of the rental profits and …
What to Do When a Person Cannot Physically Sign a Last Will and Testament
Recently, a client wanted to sign her Last Will but because of a stroke and inability to speak; she was unable to sign it. …
How to File a Medicaid Application in New Jersey
The process of properly completing a Medicaid application and providing all necessary information and documentation to your county Medicaid agency is extremely labor …
Forged Checks Under the Uniform Fiduciaries Law (UFL) – It’s Hard to Sue the Bank
The Uniform Fiduciaries Law (UFL) is a statute adopted in NJ to protect banks and victims of fraud. When an action is brought against …
New Jersey Laws on Estate Recovery Against a Deceased Medicaid Nursing Home Resident Leaving Behind a Disabled Child
New Jersey is allowed to file a lien against the assets of a deceased Medicaid beneficiary. Generally, the only available asset is the person’s …
If You Apply for Adult Medicaid, the County Board of Social Services Must Inform You of Its Application Requirements
New Jersey’s Medicaid guidebook requires that an agency representative must provide an applicant or his/her representative with a “checklist” highlighting the verification(s) and supporting …
You’re Not Personally Liable as a Guarantor of a Lease or Debt Unless You Agree to Be Personally Liable
Personal guarantees of debts are often demanded in business agreements, commercial and residential real estate deals and bank loans. If the debtor defaults, the …
Is Your NJ Business Exempt From Mandatory Spenddown to Qualify for Medicaid?
When the State considers an applicant’s eligibility for Medicaid, it meticulously examines the applicant’s finances to ensure that all resources are valued below the …
What if Your Financial Records Are Vague and Incomplete and Your Medicaid Application is Denied?
Often applicants are denied NJ Medicaid or if approved, assessed with a significant penalty period because there is not a clear paper trail of …
If You Resign from Your LLC, Don’t Expect to Get Paid Fair Value for Your Share
This is an interesting case. Plaintiff sued defendants, alleging they wrongfully deprived him of his ownership interest in the LLC, without compensation. The trial …
I would highly recommend Hanlon, Niemann & Wright for Elder Law, Estate Planning & Assisted Living preparation
Fred Niemann, Stephen Kornas, Chris Balioni & their support team are prescient, proactive and proficient with navigating ongoing Elder Care challenges. – OM
The After Thought of Transferring Assets – A Real Life Example of Good Intentions Going Wrong
When I talk to some people about long-term care and Medicaid, I sometimes hear strong opinions that “it is wrong to transfer assets in …
Do You Have the Right Fiduciary for Your Estate?
Warning: Your Selection Does Matter When creating an estate plan, especially in your will and/or trust, an important decision you must make is the …
What is the NJ Elective Share Law as Relates to Your Surviving Spouse?
If a spouse dies and he or she does not leave their estate to a surviving spouse, the surviving spouse may, under NJ law, …
The Story of the Pitfalls Caused by an Improperly Drafted Will
It Really Does Matter! A number of years ago, a woman’s husband died leaving a will, some assets, and a 401k. The marriage was …
You Can’t Wait Forever to Demand Arbitration in Your Contract Fight
How Long Can You Wait in a Lawsuit Before Demanding Arbitration Video The parties to a recent case were siblings who purchased a …
Can an Employer Regulate Your Private Life and Your Free Speech?
Many employees do not realize that employers in New Jersey have the right to regulate and prohibit personal lifestyle choices after work and during …
Why Are Some Wills 2 Pages and Others 20 – The Example of the Executor Who Didn’t Die
Very often, when I prepare wills, powers of attorney, and health care directives (living wills) for clients, some react with surprise when they see …
Spotlight on NJ Elder Law: What Families Really Need to Know Before a Crisis Hits an Elderly Family Member
When I meet with new clients, the first appointment is often with the children of aging parents. Commonly, they come to us just before …
Choosing the Right Trustee for Your Living Trust
Your living trust is much more than just a document that says which heirs get what percentage of your estate or what items of …
What Happens If You Die Without a Will?
We all know we are supposed to do estate planning, but not all of us get around to it. So what happens if you …
New Jersey Employers and Employees Must Always Be Aware of the Language In Their Contracts
A large number of employers and employees throughout New Jersey sign employment contracts. Unfortunately, many employees often do not read the contracts before they …
Is Your Family or Personal Trust Subject to New Jersey’s Death and Inheritance Tax?
New Jersey is home to one of the largest populations of elderly residents in the entire country. Many do not have a trust or …
Know Your Rights: The Employee Retirement Income Security Act (ERISA) is an Important Federal Law for Employees
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension plans, health …
Thinking of blowing the “whistle” on your boss? Understanding the New Jersey Conscientious Employee Protection Act (CEDA)
There are numerous federal and NJ state laws that protect “whistleblowers” who report the unfair or illegal practices of their employers. The CEDA law …
Have You Read Up on Recently About the Family and Medical Leave Act (FMLA)?
The Federal FMLA provides that employees may take 12 weeks of unpaid leave from their jobs when they have a serious medical condition or …
A Shareholder Lawsuit Can Get You More Than Just Money!
If you are sued by your business partner because of alleged improper action on your part, what remedy will he or she seek? Many …
Every New Jersey Shareholder is a Fiduciary to Their Fellow Shareholders
By Fredrick P. Niemann, Esq. a NJ Shareholder Lawsuit Attorney As a shareholder of a New Jersey corporation, it is important to understand your …
How Do You Handle a Disclaimer When a Trust is Involved?
A trust for the sole benefit of a disabled adult child who lacked capacity was created by a NJ Superior Court order. The trust …
Must You Pay a Realty Transfer Fee (Tax!) When Transferring Real Estate to a Trust
Recently, an out of state client wanted to transfer two NJ properties into a revocable living trust. Both properties were subject to mortgages. The …