To POLST or Not to POLST? Your Answer May Kill You!
POLSTS are simple forms which can help patients express their wishes in the event they cannot express them for themselves. A “POLST” is a …
Trustee of a Revocable Trust Has Legal Obligations to Trust Beneficiaries
New Jersey law allows a Court to remove a Trustee for reasons including “….unfitness, unwillingness, or persistent failure of the Trustee to administer the …
Guardianship of Young Children in Your Last Will When You’re Foreign Born and No Family Members Live in the US
NJ has many foreign-born parents with minor children If a foreign-born parent dies can they appoint a guardian for their children from their home …
If You Have Kids or Grandkids in College, Either Home or Away, Then Read This Post
Although they still rely on you heavily for support – both emotional and financial – the law considers young persons over the age of …
A Florida Resident’s Friend Who Lives in New Jersey May Not Serve as Personal Representative
With so many individuals moving to Florida, they often ask me about Florida’s elder law issues and questions. One thing unique in Florida is …
Selecting The Right Person(s) to Be the Guardian of Your Child(ren)
Deciding who should be the guardian of your kids is a tough decision Close family members are not always the best choice This article …
If You Have a Trust, Do You Also Need a Last Will?
If you have a living trust in place, why would a person need a will? The answer straightforward : You need a last will …
Medicaid Gifting Rules and the Annual Federal Gift Tax Exclusion Are Unrelated: Don’t Be Confused!
I’ve written numerous posts about Medicaid gifting and the misconceptions surrounding the annual gift tax exclusion rules. Generally, I’m asked the question whether New …
A DNR (Do Not Resuscitate) Order is Legal in New Jersey Without a Terminal Illness
We’ve all heard about a “Do Not Resuscitate Order” (DNR) but probably don’t know (precisely) what it means, or how it applies to …
New Jersey Adopts a New Law Which Will Allow You to Die With Dignity and on Your Terms
The State Legislature recently adopted a law entitled “Aid and Dying for the Terminally Ill Act” which will allow a qualified terminally ill patient …
Can You Exclude Your Ex-Spouse as the Guardian for Your Children After Separation/Divorce in Your Will/Trust?
A client was referred to me by another attorney. She was the victim of domestic abuse and is currently in the process of getting …
A Granddaughter Does Not Owe Gift Tax on Money She Inherits for College Tuition
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Planning Attorney I’m always asked about gift taxes when clients …
Mr. Niemann has been a God send to me and my family
Mr. Niemann has been a God send to me and my family. He has met with me many, many times with patience, sensitivity and …
Can You Gift Real Estate to a Minor Under the Age of Eighteen (18) and if so, How?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Real Estate Attorney I was recently asked if there was a …
2014 Overview to Federal Estate, Gift and Generation Skipping Taxes
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a NJ Estate Planning Law Firm The Federal government through the IRS imposes three different types …
Estate Administration by the Use of the New Federal Tax Portability Option
By: Fredrick P. Niemann, Esq., a New Jersey Estate Planning Attorney This is the 3rd part of a three part series on credit shelter …
Estate Administration by the Use of the New Federal Tax Portability Option
By: Fredrick P. Niemann, Esq., a New Jersey Estate Planning Attorney This is the first part of a three part series on credit shelter …
The Different Types of Estate Taxes Associated With Your Estate in New Jersey
Did you know that there are three different types of taxes associated with death and the passing on of an estate in New Jersey? …
The New Jersey Probate Process and How You Can Avoid It by Use of a Living Trust
By Fredrick P. Niemann, a NJ Trust Attorney The death of a family member can be one of the most stressful times of anyone’s …
Converting your IRA to a Roth IRA by Fredrick P. Niemann, a New Jersey IRA Estate Planning Lawyer
We all must pay taxes. But when we pay certain taxes is a choice we can each make, especially when the rules change. Making …
The Benefits of Using a Trust for Future Estate & Long Term Care Planning
Passing assets to family members is something elders often do in order to access public benefits and keep their assets away from creditors. Sometimes, …
THE BIG ESTATE PLANNING QUESTION OF 2011
By: Fredrick P. Niemann a NJ Estate Planning Attorney Should you exploit the new $5 million lifetime gift exemption? In 2010, Congress voted to …
LEARN MORE ABOUT CHARITABLE REMAINDER TRUSTS AS PART OF YOUR N.J. ESTATE PLANNING
In general, a charitable remainder trust is a trust in which the creator of the trust reserves the cash flow from the property contributed …
REASONS TO CONSIDER A CHARITABLE REMAINDER TRUST AS PART OF YOUR NEW JERSEY ESTATE PLANNING
By: Fredrick P. Niemann, Esq. a NJ Estate Planning Attorney Besides being one of the few charitable-giving techniques that permit a donor to reserve …
New Federal Estate Tax and Income Law Enacted
By Fredrick P. Niemann, Esq., a NJ Estate Tax Attorney On December 17, 2010, the president signed into law an $858 billion federal tax …
Will They or Won’t They? An Update on Federal Estate Tax Law
By Fredrick P. Niemann, Esq., a Monmouth, Ocean, Middlesex and Mercer County NJ Estate Planning and Administration Attorney Earlier this year, I spoke about …
Your New Jersey Estate Plan Review Checklist Part 2
Fredrick P. Niemann, Esq., a NJ Estate Planning Attorney Do you own assets held in joint accounts, or where you have a named beneficiary? …
Your New Jersey Estate Plan Review Checklist Part 1
Your estate plan is an investment in you and your family’s future. As years pass, your family may grow, your assets will change, and …