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Elder Law

Call Us Today Toll Free: 855-376-5291

Elder Law

Call Us Today Toll Free: 855-376-5291

Don’t Blow It! You Can Still Make a Late and Inexpensive Portability Election to Eliminate and/or Reduce Future Estate Death Taxes

HNW June 7, 2019Elder Law, Estate Administration and Probate

“Portability” (I’ll explain its definition later in the blog) allows the personal representative of an estate to preserve a deceased spouse’s unused federal estate …

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Estate Administration and ProbateProbate

No Contest Clause in Will Can Be (Un)enforceable in New Jersey

HNW June 7, 2019Elder Law, Will Contest and Probate Litigation

Many clients want to avoid challenges to their Last Will and Trust.  They are generally concerned about some family member who is “all about …

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Estate Planning

Bringing Legal Action Against a Trustee Because the Trust is Performing Poorly in the Market

HNW June 3, 2019Elder Law, Will Contest and Probate Litigation

Who is Responsible When a Trust Shows Poor Economic Performance? Poor performance from trusts, coupled with today’s financial and accounting scandals, have fueled investor …

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Trust Law and LitigationWill Contest and Probate Litigation

A Legal Guardian Can Create a Trust for the Benefit of a Minor Child  

HNW May 29, 2019Elder Law, Guardianship Law

Question A parent dies with a large estate and leaves behind a minor child(ren). The decedent was divorced when he/she died. How can the …

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Estate Administration and ProbateWill Contest and Probate Litigation

Creditors of an Estate Can Sue Beneficiaries and the Executor if the Debt is Not Paid

HNW May 20, 2019Elder Law, Estate Administration and Probate

A creditor of a deceased person is allowed to file a claim against an estate if his/her claim is timely filed with the surrogate’s …

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Estate Administration and Probate

Oh No, I’m Getting Money; Now What Do I Do?

HNW May 14, 2019Elder Law, Special Needs Trusts for Minor Children and Adults

I get quite a few calls from attorneys who have settled cases or obtained judgments in favor of their clients to compensate them for …

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Medicaid Eligibility and Asset Protection PlanningSpecial Needs Trusts for Minor Children and Adults

Short-Term Care Insurance:  An Alternative to the Long-Term Care Variety

HNW May 10, 2019Elder Care Law, Elder Law

Truth be told, I really had never heard about short term care insurance. I’m a really big advocate for long term care insurance though …

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Elder Care Law

Guardianship and Your Right to Vote

HNW May 1, 2019Elder Law, Guardianship Law

A colleague who knows of my extensive guardianship law background asked if he was correct in his thinking that a person declared to be …

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Guardianship Law

NJ Allows Terminally Ill to Get Life-Ending Meds

HNW April 15, 2019Elder Care Law, Hospice Care Planning

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Monmouth County, Freehold, NJ Elder Care Attorney Gov. Phil Murphy on Friday signed …

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Elder Care LawHospice Care Planning

If the County Medicaid Office Fails to Give You Clear Response Why They Denied Your Medicaid Application, You Can Appeal… And Win

HNW April 12, 2019Appealing the Denial of Medicaid, Elder Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Medicaid Application and Eligibility Attorney As I’ve …

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Appealing the Denial of MedicaidApplying for Medicaid Long Term Care BenefitsMedicaid Eligibility and Asset Protection Planning

Does a Guardian of an Estate Have the Power to Execute a Beneficiary Designation Form?

HNW April 9, 2019Elder Law, Guardianship Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Guardianship Attorney I was recently asked a question …

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Guardianship LawProbate

Here Are the Federal Laws on Elder Abuse and Financial Exploitation

HNW April 3, 2019Elder Abuse and Financial Exploitation, Elder Law

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 …

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Elder Abuse and Financial Exploitation

How to Use a Reverse Mortgage for Elder Care Medical and Home Expenses

HNW March 29, 2019Elder Care Law, Elder Law

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 …

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Elder Care Law

The Ins and Outs of a Lawsuit Because of the Wrongful Death of a Person

HNW March 26, 2019Elder Law, Estate Administration and Probate

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 …

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Estate Administration and Probate

Elderly and Disabled Planning – What Are the Tax Implications?

HNW March 25, 2019Elder Care Law, Elder Law

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 …

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Elder Care Law

What If the Estate Is Broke?  Who Gets Paid First? Understanding the Priority of Unpaid Claims in Estate Administration

HNW March 22, 2019Elder Law, Estate Administration and Probate

What if estate assets are insufficient to pay all the claims that need to be paid in full? What is the personal representative of …

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Estate Administration and ProbateProbate

Can a Surviving Spouse Who Commits Elder Abuse Against Their Deceased Spouse Inherit His or Her Estate?

HNW March 13, 2019Elder Abuse and Financial Exploitation, Elder Law

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 …

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Elder Abuse and Financial Exploitation

Understanding What Posting a Bond Means When Administering an Estate

HNW March 12, 2019Elder Law, Estate Administration and Probate

Many individuals when faced with probating an estate are required to post a bond but few really understand what this means or what is …

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Estate Administration and ProbateProbate

An Insolvent Estate Escapes Responsibility for Funeral Expenses After Receiving Millions of Dollars

HNW March 7, 2019Elder Law, Estate Administration and Probate

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 …

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Estate Administration and ProbateProbate

Just How Far Can Adult Protective Services Go to Protect a Vulnerable Person

HNW March 5, 2019Elder Abuse and Financial Exploitation, Elder Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Elder Abuse & Financial Exploitation Attorney The Adult …

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Elder Abuse and Financial Exploitation

Charitable Scams and Elder Financial Abuse

HNW March 1, 2019Elder Abuse and Financial Exploitation, Elder Law

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 …

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Elder Abuse and Financial Exploitation

How Long Does an Executor/Administrator Have to Pay Creditors of an Estate

HNW February 26, 2019Elder Law, Estate Administration and Probate

I get asked often how much time an estate fiduciary has to pay the bills of a decedent.  The answer is generally straightforward but …

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Estate Administration and Probate

Appealing Denial of Medicare Coverage

HNW February 21, 2019Elder Care Law, Elder Law

  There are times when Medicare issues a decision unfavorable to the coverage of your case.  Whether it is classifying you in a hospital …

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Elder Care Law

Disputes as to Administration of the Estate

HNW February 13, 2019Elder Law, Estate Administration and Probate

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, …

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Estate Administration and ProbateProbateTrust Law and Litigation

I’m Disinheriting My Son, Daughter & Spouse If You Challenge My Will!

HNW February 8, 2019Elder Law, Estate Administration and Probate

Can you include in your will a clause which provides for the revocation of an inheritance if your beneficiary contests the will? The answer …

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Estate Administration and ProbateProbate

A Dispute Over an Executor’s Commission:  What is a Permissible Commission Rate?

HNW January 30, 2019Elder Law, Estate Administration and Probate

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 …

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Estate Administration and Probate

Profile of an Elder Abuse Victim, Up Close and Personal

HNW January 28, 2019Elder Abuse and Financial Exploitation, Elder Law

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, …

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Elder Abuse and Financial Exploitation

Making Public the Difference Between Elder Abuse Stories in Nursing Homes vs. Elder Abuse and Financial Exploitation in the Community?

HNW January 25, 2019Elder Abuse and Financial Exploitation, Elder Law

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 …

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Elder Abuse and Financial Exploitation

Standby Guardianship in NJ:  An Interesting Concept

HNW January 23, 2019Elder Law, Guardianship Law

By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County NJ Guardianship Attorney I was reading an article about guardianship that I thought was …

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Guardianship Law

Must a Doctor or Hospital Comply with a Patient’s Living Will and Advance Healthcare Directive Under New Jersey Law

HNW January 17, 2019Elder Care Law, Elder 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 …

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Elder Care LawPowers of Attorney and Health Care Directives
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Hanlon Niemann & Wright Law Firm

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Freehold, NJ 07728
Phone: (732) 863-9900
Email:  fniemann@hnlawfirm.com

 

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