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, …
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 Admission Agreements for nursing homes under the NJ Consumer Fraud Act (CFA) has been analyzed by the courts. Ther New Jersey CFA prohibits: …
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 …
I came across a website sponsored by the state of New Jersey which is a terrific guide for available resources to veterans in New …
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 …
I knew I picked the right firm when Mr. Niemann returned my call. He was helpful with any questions I had. It was a …
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 …
Medicare is a federal program of health insurance. Medicare pays for acute illness but it is not a program designed to provide benefits for …
Guardianship is an import tool for protecting incapacitated adults who are unable to care for themselves. One role of the guardian is to make …
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 called with a sense of urgency due to Grandma’s health. The firm explained the logic and rational behind a Special Needs Trust for …
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 …
Proving That the Destruction of a Will Was Not Done by the Deceased In Part 1 of this blog, I discussed how to prove …
In the case of a lost or destroyed will, “the burden of proof is upon the proponent” to show, with clear and convincing evidence,” …
Shout out to our friends at Affinity Hospice & Palliative Care for a very good post about being eligible for Medicare Hospice care in …
New Jersey’s Governor signed a new law on evictions during the COVID-19 emergency. For many of our clients whose family members live in long …
In New Jersey, it appears that there is a formal and an informal way to close out and finalize a trust. It is …
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 …
A line of credit is not income for the purpose of Medicaid eligibility. Borrowed funds are specifically excluded from income for the purpose of …
In a recent NJ case, a plaintiff claims the trial court erred by failing to find defendant violated The Prudent Investor Act (the Act) …
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 …
Gifts made within 5 years of applying for Medicaid will result in a penalty to the applicant equal to the value of the gift(s) …
Almost every day, a family contacts my office with concerns about their loved ones’ mental health and has questions about New Jersey’s Civil Commitment …
Here’s an interesting case. A sister and two brothers are named as owners on a deed. Sister also has life rights to the property. …
In New Jersey, a trustee may close out and finalize a trust by filing an Action for the Settlement of Accounts with the Superior …
Balance billing by Medicaid providers is clearly prohibited by both state and federal law. Under 42 U.S.C. § 1396u-2: Each Medicaid managed care organization …
Federal tax laws which allowed retirement accounts to remain tax deferred by allowing certain beneficiaries to delay the withdrawal of account funds over their …
Under N.J.S.A. 3B:31-72(a), [a] trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of: (1) the amount …
The general answer is no, unless the trust agreements compels the trustee to make partial distributions during the winding up of the trust and …
States may accept self-attestation of non-financial eligibility criteria for Medicaid, except as required by law or regulation (citizenship and immigration status, Asset Verification System). …