Gifts, Wills, and Guardians: A Case Study (Part 2 of a 3-Part Post)
In my last blog, I started talking about the case of In re Cohen, which focused on the issue of a guardian making gifts …
Can a Nursing Home Unilaterally Transfer My Parent to a Different Room Without Her Consent?
By Fredrick P. Niemann, Esq. a NJ Discharge from a Nursing Home Lawyer The involuntary transfer of a Medicaid recipient, including “an individual who …
In a Will Contest Do the Witnesses to the Maker’s Signature Have to Initially Read the Document? (Part 2 of a 3 Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate & Estate Administration Attorney The Will was deemed properly authenticated …
Funding a Special Needs Trust in New Jersey
By Fredrick P. Niemann, Esq. a New Jersey Special Needs Trust Attorney If you are contemplating the creation of a Special Needs Trust, it …
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 …
What Is a Representative Payee – Under Social Security Regulations
By Frederick P. Niemann of Hanlon Niemann & Wright, a NJ Elder Law Attorney More than eight Million People, who get monthly Social Security …
Guardianship & Conservatorship for Incapacitated Adults (Part II)
By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney Only a judge can decide if a person is incapacitated and then he or …
Who Has Legal Priority to Be Appointed as Administrator of an Estate in New Jersey, a Same Sex Partner or a Biological Parent?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Administration Attorney Our office received an interesting new case …
Stealing From Elderly Parents is Elder Financial Exploitation
By Fredrick P. Niemann, Esq. of Hanlon Niemann a Freehold, New Jersey Elder Abuse and/or Financial Exploitation Attorney A common legal theory that we …
A Remarried Widow of a Veteran is Not Eligible for Military Aid and Attendance Benefits from the U.S. Government
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Veteran’s Benefits Attorney Here’s a question that came up during a …
Your Medical Condition Does Not Always Have to Improve to Qualify for Medicare Coverage
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County Elder Care and Medicare Attorney Medicare Beneficiaries who are …
Demanding That A Person with Possession Produce A Will For Probate
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Attorney and Estate Probate Litigation Attorney A Court Has …
Gifts, Wills, and Guardians: A Case Study (Part 1 of a 3-Part Post)
A judgment of incapacity has legal significance in our judicial system. The appointment of a guardian confers such power and responsibility onto this person …
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 …
Major Changes to Veterans Pension Benefit for Long Term Care coming October 18, 2018
By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County New Jersey Veterans Benefits Attorney The VA has made changes to their pension benefit eligibility …
What is a Representative Payee Under Social Security
By Frederick P. Niemann, Esq. of Hanlon Niemann & Wright, a NJ Elder Law Attorney More than eight Million People, who get monthly Social …
In a Will Contest Do the Witnesses to the Maker’s Signature Have to Read the Document First? (Part 1 of a 3 Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate & Estate Administration Attorney ISSUE ON APPEAL The issue before …
Guardianship and Conservatorship for Incapacitated Adults -Part 1
By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney There are two primary types of guardianships in New Jersey – guardianships for children …
New Medicare ID Cards
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Care Attorney In an effort to prevent or at least …
The Most Common Misconception About Medicare and Who Pays For Long Term Care
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney In my Elder Law practice, I work with many …
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 …
Calling Fredrick Niemann was the right decision
I knew I needed an attorney, but could I afford one? Would he or she be experienced and someone I could trust and talk …
Is This A Season Of Joy And Gratitude Or A Season Of Sadness And Despair?
Message from Fredrick (Fred) Niemann To Our Dear Clients, Friends and Associates, I hope everyone had a very Merry Christmas and/or Happy Chanukah. …
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 …