When Can Beneficiaries Demand That Legal Fees and Costs Be Assessed Against an Executor?
Here’s an interesting case I recently read about. The case involved an executor who did a lousy job being the executor of an estate. …
New Jersey Adopts Domestic Worker’s Bill of Rights Effective July 1, 2024
The New Jersey Domestic Worker’s Bill of Rights Act (S-723/A-822) establishes a broad range of rights and employment protections for domestic workers. The impact …
How to Get into a Nursing Home When Medicaid is Needed ASAP
Getting into a nursing home as a Medicaid recipient is not always easy. With the median cost of a nursing home room being more …
New Jersey Adopts Medical Debt Act Which Restricts Collection Efforts By Healthcare and Other Medical Providers
In approximately 180 days, New Jersey will adopt the Medical Debt Act. Medical debt includes expenses charged for the provision of numerous medically related …
Learn About the Interstate Compact That Governs Runaways and Juvenile Delinquents from NJ
Kids run away from home all the time. As a parent, guardian or custodial agent, what can be done to bring them home? This …
Understanding What Frivolous Litigation Means
The frivolous litigation statute, N.J.S.A. 2A:15-59.1, authorize sanctions including reasonable attorney fees, and costs, against any party to a probate lawsuit. A case is …
Custody of a Minor Child Goes to a Surviving Parent Upon the Death of Parent Having Custody
In the case of the death of a parent having custody of a minor child(ren), the care and custody of minor children does not …
NJ Announces 2024-2025 Increases in Allowances and Exemptions to Community Spouses, Dependents and Home Exemption Figures
Every year NJ announces changes to its regulations which govern the amount of money a community spouse (a community spouse is the spouse who …
You Really Really Need to Consider Long Term Care Insurance
I see it every day at the office. A diagnosis of a degenerative condition is received by a family member. Panic sets in. How …
How is a Resource Valued to Determine Medicaid Eligibility?
In this State, in order to qualify for Medicaid benefits, an applicant’s resources cannot exceed $2000. N.J.A.C. 10:71-4.5(c). Resources are defined as: any real …
I Refuse to Give Up My Savings to Pay My Husband’s Nursing Home Bill
Understanding What Spousal Refusal Means Under Medicaid Law Spousal refusal is recognized under federal law. See 42 S.C. § 1396r-5(c)(3). It applies specifically in …
Protect Your 401k or IRA from NJ Medicaid
Under the federal regulations for Social Security Income (SSI) eligibility, the 401k’s of a spouse living with the applicant are specifically excluded resources. See …
Is There Legal Liability When an Incapacitated Person Signs a Contract?
• A contract signed by an incapacitated person is generally voidable by the incapacitated party, meaning they can terminate it at any reasonable time …
Our experience at your firm was positive in all regards
We enjoyed our meetings with Fredrick P. Niemann, Esq. He made us feel completely at ease as he patiently explained and answered our questions …
Will Too Much Trustee Discretion Invalidate a Special Needs Trust?
Here’s a recent client case I addressed involving a supplemental needs trust. A disabled daughter had been receiving SSI and Medicaid for about 10 …
What to Do When You Inherit a Nonqualified Commercial Annuity
• As a beneficiary of a nonqualified annuity, you have options to choose from when an annuity is passed on to you. Clients who …
The New Jersey Consumer Fraud Act and Does it Apply to NJ Hospitals?
Are New Jersey hospitals subject to the Consumer Fraud Act (CFA)? The answer is, no! Under the learned professional exception of New Jersey law, …
The New Jersey Consumer Fraud Act and New Jersey Nursing Homes
The Admission Agreements for nursing homes under the NJ Consumer Fraud Act (CFA) has been analyzed by the courts. Ther New Jersey CFA prohibits: …
Here’s a Quick Summary of NJ Waiver Requirements Before the Transfer of a Decedent’s Property
The New Jersey Transfer Inheritance Tax is a lien on all property owned by a decedent as of the date of his/her death for …
New Jersey Offers Veterans a Number of Valuable Services
I came across a website sponsored by the state of New Jersey which is a terrific guide for available resources to veterans in New …
Is an IRA or 401(k) Exempt from a Spousal Elective Share Claim?
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 …
Hanlon, Niemann & Wright was so patient and helpful when I needed advice on Medicaid approval
I knew I picked the right firm when Mr. Niemann returned my call. He was helpful with any questions I had. It was a …
FDIC Changes Insurance Coverage of Trust Bank Accounts
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 …
Here’s an Overview of Medicare Health Insurance
Medicare is a federal program of health insurance. Medicare pays for acute illness but it is not a program designed to provide benefits for …
Just How Far Can a Guardian Go in Making Health Care Decisions?
Guardianship is an import tool for protecting incapacitated adults who are unable to care for themselves. One role of the guardian is to make …
How to Pursue Legal Claims in an Estate Administration
We recently received a call from a personal injury attorney in need of help. The attorney had pursued a wrongful death claim on behalf …
We will be glad to return to the firm if the need arises
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 …
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,” …