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 …
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 …