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 …
Advising Trustees of Special Needs Trusts (SNT) on What They Can and Cannot Spend Trust Funds For
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Special Needs Trust Attorney Special Needs Trusts for disabled and handicapped …
Program of All-inclusive Care for the Elderly (PACE)
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Elder Care Attorney What is PACE? PACE stands for Program of All-inclusive Care …
When Can Medicare Stop Paying for Skilled Care and Rehabilitation
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Medicaid Attorney Often times families and patients are told by representatives of a …
Guardianship Commissions in New Jersey
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Guardianship Attorney Questions often come up concerning compensation available to a Guardian if …
Hold on a Minute: Non-Probate Assets Can be Recaptured to Pay New Jersey Inheritance Death Taxes
By Fredrick P. Niemann, a New Jersey Estate Administration and Probate Attorney I recently received a question from a client concerning the liability to …
SSA Clarifies Its Position on Court Established (d)(4)(A) Trusts
By Fredrick P. Niemann, A New Jersey Special Needs Trust Attorney After much criticism, the SSA has issued an Administrative Message clarifying its policy …
This Just In From the State: 2015-2016 Community Spousal Maintenance, Shelter and Utility Allowance Adjustments (MMNA & CSRA Allowance)
Effective July 1, 2015 the new base income allowance for a community spouse will increase from $1,966.25 to $1,991.25. The new standard for determining …
What to Do When a Duel Resident of New Jersey and Citizen of Greece Dies with Two Wills?
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Estate Administration and Probate Attorney Recently, we applied to the County Surrogate to …
Can Adult Children Visit Their Dying Mother, if Her Second Spouse (who is POA) Says “No”
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a New Jersey Hospice Law Attorney Recently our office was engaged to represent the children of …
How to Finalize and Wind Up a Probate Estate in New Jersey (Part VII)
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Probate Estate Administration Attorney and Law Firm In our last post about finalizing …
How to Finalize and Wind Up a Probate Estate in New Jersey (Part VI)
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Probate Estate Administration Attorney and Law Firm In our last post about finalizing …
How to Finalize and Wind Up a Probate Estate in New Jersey (Part V)
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Probate Estate Administration Attorney and Law Firm In our last post about finalizing …
How to Finalize and Wind Up a Probate Estate in New Jersey (Part IV)
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Probate Estate Administration Attorney and Law Firm In our last post about finalizing …
How to Finalize and Wind Up a Probate Estate in New Jersey (Part III)
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Probate Estate Administration Attorney and Law Firm In our last post about finalizing …
How to Finalize and Wind Up a Probate Estate in New Jersey (Part II)
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Probate Estate Administration Attorney and Law Firm In our last post about finalizing …
How to Finalize and Wind Up a Probate Estate in New Jersey (Part I)
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Probate Estate Administration Attorney and Law Firm By statute and case law, the …
What Happened to Mom’s Diamond Earrings
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Wills Attorney I have drafted many hundreds if not thousands of Last Wills …
Can a Trustee of a New Jersey Trust Just Quit or Resign?
You may be wondering what the procedure is for relinquishing duties as a trustee and appointing a replacement trustee. In short, the requirements for …
Personal Liability of a Fiduciary on Contracts With Third Parties
By Fredrick P. Niemann, Esq., a New Jersey Estate Administration Attorney A fiduciary is not individually liable on a contract properly entered into in …
Big Change to Medicaid
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Medicaid Attorney The Appellate Division of the Superior Court of New Jersey decided …
A Guardian or Power of Attorney Who Assumes a Duty to Care for a Person Over Age 60 Can Be Charged With Elder Abuse in New Jersey
By Fredrick P. Niemann of Hanlon Niemann, a Freehold New Jersey Elder Abuse Attorney Crimes against those who cannot realistically defend themselves are considered …
Who Guards the Guardians?
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Guardianship Law Firm New Jersey Guardianships ask everyday people to step up to …
The Bank Says I Need Guardianship for Mom
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Guardianship Attorney I hate the arrogance of many banks and brokerage firms. They …
How Do You Claim Unclaimed Funds When the Decedent is a Non-US Citizen
By Fredrick P. Niemann of Hanlon Niemann, a Freehold, NJ Estate Administration and Probate Law Firm Here’s a case I recently came upon. A …
Learning the Difference Between a Power of Attorney and a Guardianship, Part II
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a NJ Guardianship Attorney For individuals who lack mental capacity, a guardianship is the only solution …
At What Age Should You Begin Receiving Your Social Security Benefit?
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Elder Care Attorney When you finally start the process of estate planning, you …
NY Times Article on VA Aid and Attendance Benefits for Veterans and Their Spouses
Just a Little Misleading But This Point is True… Avoid the Scammers By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, New Jersey …
Can a Person With Alzheimer’s or Advanced Dementia Legally Sign a Last Will Before Death?
If an adult in NJ is legally incompetent and does not have an existing Last Will, is there a process for having a Will …
What to Do When the County Surrogate Tells You That You Must Go to Court With a Gift to a Minor(s)
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a NJ Trust Attorney Here’s a common scenario. A will bequeaths $5K ($5,000) to an infant …