Understanding the Adoption 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 …
New Jersey Medicaid Will Pay Medicare Premiums For a Person With Less Than $1,215 a Month of Income
Qualified Medicare Beneficiaries Yes, New Jersey Medicaid can pay for Medicare premiums for individuals with very low income, such as less than $1,215 per …
Digital Assets and Your Estate Plan
Estate plans may soon need to address digital assets. The reason is because of the innovation of Artificial Intelligence (AI). Understanding digital assets and …
Truly Grateful for Their Support During a Stressful Time
I cannot recommend and thank Hanlon Niemann & Wright enough! Mr Niemann was outstanding in explaining the entire process and the steps that needed …
Room and Board Expenses Qualify as a Medical Expense Paid Out of a Qualified Income Trust
A qualified income trust (QIT) established in New Jersey for the benefit of an individual applying for Medicaid is valid if: the trust is …
A N.J. Judge Can Allow the Creation of a Special Needs Trust When a Last Will or Trust is Silent
Recently our office successfully appealed to the Monmouth County Superior Court to allow the creation of a supplemental special needs trust (SNT) for an …
Federal Law Requires That Medicaid Seek Recovery of Medical Expenses Both Past and Future
This blog discusses N.J.’s statutory lien laws to recover medical and other expenses paid to accident and other victims by N.J. Medicaid N.J. pays …
Physical Contact Between an Adult Child and an Elderly Parent is Not Criminal Neglect but Can Be Physical Assault
In a recent published case a N.J. appeals court considered and rejected the State’s argument that defendant’s alleged assault of her elderly mother qualified …
Federal Law Can Defeat an Eviction From a Nursing Home or Assisted Living Residence
42 F.R. 441.301(c)(iv)(A). 42 C.F.R. 441.330(c)(iv)(A) is a federal regulation enacted in 2022. It requires all continuing care retirement communities (and all skilled nursing …
Reporting Elder Abuse to the Adult Protective Service is Immune from Criminal or Civil Prosecution
In the absence of bad faith or a malicious purpose a person is entitled to immunity from civil liability under J.S.A. 52:27D-409(c). This statute …
Dirtbag Father Gets Disinherited From Son’s Will and the Court Approves
In this appeal, a father challenges the validity of his son’s last will and testament (the Will) contending that his son’s Will was the …
Get Help Paying For Your Medicare Health Insurance Premiums and Co-Pays
NJ makes available financial assistance for Medicare Savings Programs (MSP). Medicare Savings Programs are federally funded programs managed by each state, including NJ. These …
You Can Raise Your Annual ABLE Account Contribution to $19,000 Annually
Effective January 1, 2025, the Federal Government has increased the total limit on the annual contributions people with disabilities (or their families) can make …
Sometimes You Can Beat an Attempted Nursing Home Discharge
A nursing home resident facing discharge for cause still requires he or she be given a notice of discharge under both state and federal …
Can an Executor of an Estate Delegate His/Her Responsibilities as Executor to a Power of Attorney?
Here’s an interesting probate estate administration question that came to my attention. The question involves an executor, a Power of Attorney (POA) and a …
Buy-Out of Business Partner With Life Insurance Results in Massive Income Tax Hit From IRS
A recent U.S. Supreme Court decision in Connelly v. United States disputes a common succession strategy for many closely owned businesses with more than …
Read About the Inflation Reduction Act Prescription Drug Provisions
Did you know about recent Medicare changes? The Inflation Reduction Act (IRA) under Medicare, makes a number of changes to the Part D prescription …
Some Calls Are More Important Than Others
Everyone is talking about the recent NFL football draft. As for me, I’m tired of the commentary about the draft. I want to hear …
What Is a Preliminary Injunction and How Is It Obtained in Court?
In litigation, unless a plaintiff meets its initial burden of proof a preliminary injunction must be denied. Let’s first discuss the legal definition …
The Caregiver Child Exemption Allows the Transfer of Home Ownership to the Child Providing Substantial Care
In determining Medicaid eligibility for someone seeking institutionalized benefits, counties must review five years of financial history. Under the regulations, “[I]f an individual . …
NJ Medicaid Changes How it Calculates Penalty Periods
NJ Medicaid has a formula on how they calculate penalties for gifts made within 5 years below. Click here to see the State’s official …
Can I Control What Happens to my Corpse After my Passing?
While working on health care directives, I have had clients ask me about leaving special instructions for their loved ones on what they can …
An Expert Medical Opinion is Required to Order an Involuntary Commitment
Recently, a NJ court entered a temporary order for the involuntary commitment of a young mother for inpatient treatment. A legal hearing to review …
Involuntary Civil Commitments Must Follow the Law
In a recent NJ Appellate Division case, the court found that a trial judge made a mistake by refusing to vacate a civil commitment …
Introduction to Medicaid Eligibility Requirements in N.J. by Fredrick P. Niemann, Esq.
In New Jersey, the Medicaid program which provides an institutional level of care is called “Managed Long Term Services and Supports”. This program pays …
2025 Estate Tax Update
In 2025, only estates over $13,900,000 will have federal death tax exposure. Married couples will escape federal estate tax if their combined value is …
Efficient & Patient!
We came in to update our will and Michelle was the most efficient person I’ve dealt with in the last year. Fred was patient …
Can a Person Enter into a Contract to Make a Will Under New Jersey Law?
In New Jersey, drafting a Last Will is guided by statutory requirements and judicial precedent. One aspect of estate planning in New Jersey allows …
Do Beneficiaries Pay Taxes on Life Insurance Policies?
Do you have to pay taxes on money received as a beneficiary? The general answer to my blog title is no; not usually. Most …
In Probate Disputes and Will Contests Only Reasonable Counsel Fees and Costs can be Ordered Charged to the Estate
I recently received a contested probate case which appealed the trial judge’s award of attorney’s fees and costs to the parties following a lengthy …