Transferring Your Family Business to a Child Can Have More Complications Than You Think
Owners of family businesses often look forward to the day they will be able to retire and pass on the business to their child …
Trust Decanting in Estate Planning is a Great Strategy to Change an Irrevocable Trust
Irrevocable trusts are beneficial for estate tax purposes. They allow you to place your assets into a trust, potentially avoiding additional estate tax when …
Criminal Liability of a Power of Attorney, Spouse or Legal Guardian for Elderly Neglect in NJ
In New Jersey, endangering the welfare of an elderly person is a crime in the third degree. N.J.S.A. § 2C:24-8(a). This statute roughly requires …
Estate Planning for Blended Families
Many couples and spouses fail to get serious about estate planning until they are well into middle age. By then, one or both of …
Have You Selected the Right Person as Your Trustee? Caution: Your Decision Matters
When creating an estate plan, an important decision is selecting your fiduciary. By fiduciary, I mean the trustee under your revocable or irrevocable trust. …
Court Ordered Alimony: Can Medicaid Deny Court-Ordered Alimony Payments to a Community Spouse?
NJ Medicaid and Court Ordered Alimony Video I was recently asked if I knew of any statutory or other persuasive authority supporting the …
Have You Selected the Right Person as Your Agent Under Your Power of Attorney?
When creating either (or both) an estate plan or a power of attorney, an important decision involves who to name as your fiduciary. By …
Federal Gift Tax Returns: Avoiding Mistakes
Under the tax code, the general rules applicable to income tax returns apply to annual gift tax returns. That is, a 3-year statute of …
Understanding the Legal Impact of a Premarital Agreement in a Second Marriage
New Jersey law allows a spouse to waive his or her right to inherit the estate of a deceased spouse. A spouse’s premarital waiver …
What Does the Attorney-Client Privilege Mean to You?
Attorney-client privilege means that in litigation, anything you tell your attorney will be held in strict confidence and cannot be disclosed unless there is …
Can Creditors Make a Claim against Joint Account Assets in New Jersey after Death?
The decedent owned several joint bank accounts with his wife. He died intestate, meaning he died without a will or trust in place. Under New …
Be Careful About How Often You “Roll Over” Your IRA
A long-standing rule about how many IRA-to-IRA “rollovers” a taxpayer can make in a single year has dramatically changed. Read this post to avoid …
An Investment Advisor in NJ Must Provide a Written Agreement to a Client or Risk Censure, Loss of License
An investment advisor (i.e., financial planner, stock broker, banker with a securities license) in NJ is governed by New Jersey’s Uniform Securities Law of …
A Gift to Minor’s Account (UGTA) Is Exempt From New Jersey Medicaid After 5 Years
I’ve commented about the case of a resident denied Medicaid because in her Medicaid application she listed a Minor’s Account as a resource. In …
Understanding the Maze of What is and What is Not Allowed to Be Done With an SNT (Special Needs Trust)
Understanding how to benefit from and establish a Special Needs Trust (SNT) can be complicated and confusing. The rules governing their creation and administration and …
If You File a Lousy Will Contest Case, You Are Not Entitled to Counsel Fees and Costs
NJ law does not allow an automatic award of counsel fees to an unsuccessful plaintiff in a will contest. NJ law does allow an …
Your firm was very easy and pleasant to deal with
I cannot thank my friend enough for recommending your firm. Everyone that we dealt with was excellent!! Your firm made discussing difficult topics bearable. …
People listened to us and responded to our questions
Our experience with Hanlon Niemann & Wright, P.C. was positive and successful. Our questions were patiently answered. We were able to explain our wants …
What to Do When a Person Cannot Physically Sign a Last Will and Testament
Recently, a client wanted to sign her Last Will but because of a stroke and inability to speak; she was unable to sign it. …
How to File a Medicaid Application in New Jersey
The process of properly completing a Medicaid application and providing all necessary information and documentation to your county Medicaid agency is extremely labor …
Forged Checks Under the Uniform Fiduciaries Law (UFL) – It’s Hard to Sue the Bank
The Uniform Fiduciaries Law (UFL) is a statute adopted in NJ to protect banks and victims of fraud. When an action is brought against …
New Jersey Laws on Estate Recovery Against a Deceased Medicaid Nursing Home Resident Leaving Behind a Disabled Child
New Jersey is allowed to file a lien against the assets of a deceased Medicaid beneficiary. Generally, the only available asset is the person’s …
If You Apply for Adult Medicaid, the County Board of Social Services Must Inform You of Its Application Requirements
New Jersey’s Medicaid guidebook requires that an agency representative must provide an applicant or his/her representative with a “checklist” highlighting the verification(s) and supporting …
Is Your NJ Business Exempt From Mandatory Spenddown to Qualify for Medicaid?
When the State considers an applicant’s eligibility for Medicaid, it meticulously examines the applicant’s finances to ensure that all resources are valued below the …
What if Your Financial Records Are Vague and Incomplete and Your Medicaid Application is Denied?
Often applicants are denied NJ Medicaid or if approved, assessed with a significant penalty period because there is not a clear paper trail of …
I would highly recommend Hanlon, Niemann & Wright for Elder Law, Estate Planning & Assisted Living preparation
Fred Niemann, Stephen Kornas, Chris Balioni & their support team are prescient, proactive and proficient with navigating ongoing Elder Care challenges. – OM
The After Thought of Transferring Assets – A Real Life Example of Good Intentions Going Wrong
When I talk to some people about long-term care and Medicaid, I sometimes hear strong opinions that “it is wrong to transfer assets in …
Do You Have the Right Fiduciary for Your Estate?
Warning: Your Selection Does Matter When creating an estate plan, especially in your will and/or trust, an important decision you must make is the …
What is the NJ Elective Share Law as Relates to Your Surviving Spouse?
If a spouse dies and he or she does not leave their estate to a surviving spouse, the surviving spouse may, under NJ law, …
The Story of the Pitfalls Caused by an Improperly Drafted Will
It Really Does Matter! A number of years ago, a woman’s husband died leaving a will, some assets, and a 401k. The marriage was …