Does a Guardian of an Estate Have the Power to Execute a Beneficiary Designation Form?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Guardianship Attorney I was recently asked a question …
Here Are the Federal Laws on Elder Abuse and Financial Exploitation
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Abuse Attorney The Older Americans Act of 1965 (42 U.S.C. § 3001 …
How to Use a Reverse Mortgage for Elder Care Medical and Home Expenses
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Care Attorney Reverse mortgages have been an on again, off again way …
The Ins and Outs of a Lawsuit Because of the Wrongful Death of a Person
When a person dies because of someone else’s intentional or negligent conduct, a lawsuit often follows: This type of legal claim is called a …
Elderly and Disabled Planning – What Are the Tax Implications?
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Care Attorney Planning for individuals who need elder care is generally not …
What If the Estate Is Broke? Who Gets Paid First? Understanding the Priority of Unpaid Claims in Estate Administration
What if estate assets are insufficient to pay all the claims that need to be paid in full? What is the personal representative of …
Can a Surviving Spouse Who Commits Elder Abuse Against Their Deceased Spouse Inherit His or Her Estate?
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Abuse and Financial Exploitation Attorney Here’s a very interesting case regarding the …
Understanding What Posting a Bond Means When Administering an Estate
Many individuals when faced with probating an estate are required to post a bond but few really understand what this means or what is …
An Insolvent Estate Escapes Responsibility for Funeral Expenses After Receiving Millions of Dollars
In this case an action was filed by a funeral director against decedent’s representative, and others, to recover the balance of his bill for …
Just How Far Can Adult Protective Services Go to Protect a Vulnerable Person
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Elder Abuse & Financial Exploitation Attorney The Adult …
Charitable Scams and Elder Financial Abuse
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Abuse and Financial Exploitation Attorney I recently read a post involving an …
How Long Does an Executor/Administrator Have to Pay Creditors of an Estate
I get asked often how much time an estate fiduciary has to pay the bills of a decedent. The answer is generally straightforward but …
Appealing Denial of Medicare Coverage
There are times when Medicare issues a decision unfavorable to the coverage of your case. Whether it is classifying you in a hospital …
Disputes as to Administration of the Estate
Sometimes deputes occur concerning who will administer an estate. In such cases, when there is a dispute the decision rests in the court’s discretion, …
I’m Disinheriting My Son, Daughter & Spouse If You Challenge My Will!
Can you include in your will a clause which provides for the revocation of an inheritance if your beneficiary contests the will? The answer …
A Dispute Over an Executor’s Commission: What is a Permissible Commission Rate?
I just read a new case and wanted to share it with you. The issue involved executor’s commission and whether the commission under NJ law …
Profile of an Elder Abuse Victim, Up Close and Personal
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County NJ Elder Abuse Lawyer Robert, 88 years old, lives with his adult children in Hackensack, …
Making Public the Difference Between Elder Abuse Stories in Nursing Homes vs. Elder Abuse and Financial Exploitation in the Community?
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Abuse and Financial Exploitation Attorney Elder abuse in New Jersey nursing homes …
Standby Guardianship in NJ: An Interesting Concept
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County NJ Guardianship Attorney I was reading an article about guardianship that I thought was …
Must a Doctor or Hospital Comply with a Patient’s Living Will and Advance Healthcare Directive Under New Jersey Law
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County, New Jersey Elder Law and Healthcare Directive Attorney This recent case raises issues concerning …
Disputes Regarding the Validity and Interpretation of Wills and Trusts
Procedural Issues; Standing to Contest a Last Will or an Estate A party contesting a will must have standing to challenge the will. Generally, …
Can a Creditor Execute a Judgment Against a Life Estate in New Jersey Real Estate?
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County NJ Elder Law Attorney A client has a life estate in his home with the …
New Jersey Federal Court Upholds Legal Challenge to Appeal of Medicaid Denial (Part III of III)
By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County New Jersey Appeal of Medicaid Denial Attorney In Part I and II of this …
New Jersey Federal Court Upholds Legal Challenge to Appeal of Medicaid Denial (Part II of III)
By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County New Jersey Appeal of Medicaid Denial Attorney In Part I of this blog, I …
A Nursing Home Cannot Force a Resident’s Family or Friends to Guarantee the Payment of Nursing Home Costs
By Fredrick P. Niemann, Esq. a NJ Elder Care Attorney Admission to a nursing home is a traumatic event. No one wants to go …
Understanding the Differences in the Many New Jersey Medicaid Programs
By Fredrick Niemann, Esq. As an elder law attorney, I regularly work in the State Medicaid programs that provide long term care benefits. I …
How Can An Annuity Protect Your Assets From New Jersey Medicaid Laws?
By Fredrick P. Niemann, Esq. a New Jersey Medicaid Attorney Annuities are really confusing. But in today’s medical world, you may hear that annuities …
New Jersey Federal Court Upholds Legal Challenge to Appeal of Medicaid Denial (Part I of III)
By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County New Jersey Appeal of Medicaid Denial Attorney A case law in New Jersey addressed …
Federal Medicaid Law Prevents a Nursing Home from Billing You Directly
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, Monmouth County, NJ Elder Law & Medicaid Attorney I read an interesting …
Why Is a Guardianship Necessary in New Jersey?
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold Township, Monmouth County, NJ Guardianship Attorney One of the most important reasons to have …