Should New Jersey’s Department of Motor Vehicles Be Alerted to An Aging Parent’s Unsafe Driving?
Many clients want to avoid going to the DMV about their parent(s). He or she may be mentally sharp, but their vision is deteriorating. …
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 …
Becoming Guardian for an Elderly Father Should Be Last Resort
Questions about how to go about becoming a parent’s legal guardian are asked every week. Often by siblings who are at odds with other …
An Incapcaitated Mother’s Successor Trustee is Overwhelmed by Duties. So What Can They Do?
Here’s an unfortunate story. Mom is incapacitated. She can no longer serve as trustee of her living trust. As successor trustee, the job has …
Monmouth/Middlesex Adult Protective Services Presents In-House Training Seminar to the Attorneys and Staff at Hanlon Niemann & Wright
It was our pleasure on June 18, 2019 to welcome Ms. Jessica Reyes, Director of the Monmouth/Middlesex County Adult Protective Services, to Hanlon Niemann …
Bank Accounts Must Go Through Probate If There Is No Beneficiary Designated
Many banks have strict policies regarding accounts that are subject to probate. They demand that the surrogate court provide “letters testamentary” before they’ll release …
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 …
Don’t Blow It! You Can Still Make a Late and Inexpensive Portability Election to Eliminate and/or Reduce Future Estate Death Taxes
“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 …
No Contest Clause in Will Can Be (Un)enforceable in New Jersey
Many clients want to avoid challenges to their Last Will and Trust. They are generally concerned about some family member who is “all about …
Bringing Legal Action Against a Trustee Because the Trust is Performing Poorly in the Market
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 …
A Legal Guardian Can Create a Trust for the Benefit of a Minor Child
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 …
Creditors of an Estate Can Sue Beneficiaries and the Executor if the Debt is Not Paid
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 …
Oh No, I’m Getting Money; Now What Do I Do?
I get quite a few calls from attorneys who have settled cases or obtained judgments in favor of their clients to compensate them for …
Short-Term Care Insurance: An Alternative to the Long-Term Care Variety
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 …
Guardianship and Your Right to Vote
A colleague who knows of my extensive guardianship law background asked if he was correct in his thinking that a person declared to be …
NJ Allows Terminally Ill to Get Life-Ending Meds
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Monmouth County, Freehold, NJ Elder Care Attorney Gov. Phil Murphy on Friday signed …
If the County Medicaid Office Fails to Give You Clear Response Why They Denied Your Medicaid Application, You Can Appeal… And Win
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Medicaid Application and Eligibility Attorney As I’ve …
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 …