What Happens to the Estates of Two People Who Simultaneously Die in New Jersey?
Occasionally a husband and wife die simultaneously together Simultaneous death in New Jersey: What is the law? This blog addresses Uniform Simultaneous Death Act …
Can a Trustee’s Mistaken Distribution Invalidate an Irrevocable Trust Under New Jersey Medicaid Law?
When an irrevocable trust is created as part of an estate plan or Medicaid planning, the trustee has important fiduciary responsibilities. But what happens …
NJ PAAD: Pharmaceutical Assistance Benefits Most Elderly NJ Residents Know Nothing About
For many older adults, the cost of prescription medications can become a significant financial burden. Even with Medicare Part D, seniors may still face …
The Elective Share Right to the Estate of a Deceased Spouse “May Be Waived” By Written Agreement
New Jersey courts have long held that prenuptial agreements are enforceable, provided that both spouses make full financial disclosure, consent to the terms and …
How to Make Sure Your Wishes About Organ and Body Donation Are Honored in New Jersey
Many people decide during their lifetime that they want to help others after their death by donating their organs, tissues, or even their entire …
If You’re a Reformed Alcoholic or Drug Addict, Can You Free Yourself of Your Guardian?
Many people don’t realize that guardians can be appointed for chronic alcoholics and drug addicts. To their credit, some addicts reform themselves, start a …
You Must Be Legally Appointed as Executor or Administrator to Transfer Title to Real Estate in New Jersey
I’ve counseled clients for years to qualify as executors soon after the property owner’s death. Many real estate closings are delayed at the last …
You Can Waive the 30 Day Cancellation Right with a SPIA to Get a Quicker Medicaid Appeal
Background of this blog N.J. hates SPIA’s because they allow a Medicaid applicant to avoid a forced spenddown of savings. In a recent case, …
Hanlon Niemann & Wright is the Best in the Business
We came to Hanlon Niemann & Wright to prepare our Last Will and Testament, and the experience exceeded our expectations. From start to finish, …
We Have Peace of Mind Knowing Our Plans Are up to Date
We came to Hanlon Niemann & Wright to get our estate in order now that our children are older. The firm was highly recommended …
The Case of a Family Agreement That Went Really Bad for the Family
Here’s a case where the benefits of early family planning for the future went horribly bad. It’s instructive to all of us about how …
Will Assisted Living Costs Drain a $700,000 Estate?
A recent story making headlines involves a 78-year-old woman entering assisted living with approximately $700,000 in assets—and the possibility of receiving an additional inheritance. …
Home Based Medicaid and Spousal Income Allowance
I read a recent post online about a married client applying for Medicaid at home. He needs a qualified income trust (QIT) because his …
How To Transport a Loved One’s Ashes Across State Lines or Internationally
Collecting the ashes of a loved one after cremation can be an emotional experience. You arrive at the funeral home empty-handed, but you don’t …
Is There a Way To Transfer Title To a Motor Vehicle After Owner’s Death Without Going Through Probate?
How do you transfer title to a motor vehicle of a deceased owner? If the vehicle is part of the probate estate, then either …
Detailed Discussion and Update on NJ Spousal Refusal
The concept of a community spouse being able to refuse to support their institutionalized counterpart comes from 42 U.S.C.A. § 1396r-5(c)(3). The law gives …
Understanding the NJ Medical Aid in Dying For the Terminally Ill Act
The New Jersey Medical Aid in Dying for the Terminally Ill Act (“Right to Die”) (NJ ST 26:16) allows a terminally ill patient to …
Can a US Citizen Who is a Resident of NJ Sign Their Will at a Foreign US Embassy and if so, is it Legal and What are the Requirements?
I was recently asked by a client residing in Africa to prepare a will for his US estate. Married with a young son, his …
Dual U.S. Citizenship and Estate Planning
Dual U.S. citizenship creates unique estate planning challenges, especially if a non-U.S. spouse and children are involved. This blog briefly addresses dual citizenship and …
Should a Disabled Child’s Support Payment Be Paid Into an Irrevocable Special Needs Trust?
A disabled child’s support payment can and often should be paid into a Special Needs Trust to preserve their eligibility for public benefit programs. …
Friendly and Professional Atmosphere!
We had a wonderful experience working with Hanlon, Niemann & Wright on our will. From start to finish, the team was warm, patient, and …
Warm, Knowledgeable and Friendly
I recently visited Fred Niemann at Hanlon Niemann & Wright to create my will, and I couldn’t be more pleased with the experience. From …
Understanding What the Terms Mental Illness, Mental Impairment, and Neurological Impairment Mean
What Qualifies as Mental Illness? Mental illness refers to conditions that affect a person’s thinking, emotions, behavior, or mood, significantly impacting daily life. The …
Under What Circumstances (If Any) Can the Creator of an Irrevocable Trust Revoke Their Irrevocable Trust?
This blog provides a summary of New Jersey law addressing when an irrevocable trust can be revoked. This blog discusses whether the use of …
What Steps Can I Take to Ensure My Safe Discharge if No Proper Documentation is Provided?
If you’re facing discharge without proper documentation, there are several steps you can take to protect yourself and ensure a safe transition: First, request …
What If New Jersey Fails to Obtain a Screening Document to Support Temporary Commitment?
In New Jersey, If the State Fails to Obtain a Screening Document to Support Temporary Commitment, What Are the Remedies Available to the Individual …
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 the innovation of Artificial Intelligence (AI). Understanding digital assets and your estate …
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 …