Claims of Workplace Discrimination in NJ
By Fredrick P. Niemann, Esq., a NJ Employment Law Attorney
The Law of Wrongful Termination and Discharge of Employment
By Fredrick P. Niemann, Esq., a NJ Employment Law Attorney
What Happens If I Can’t Find the Original Will?
It is often the case that when somebody passes away, they misplace their Will, or don’t tell their family where they put the original …
How to Correct a Mistake in a Certificate of Formation
Recently a client provided me with a NJ LLC Certificate of Formation he filed online by himself several weeks previously. For unknown reasons, he …
You Can’t Sue Me in NJ for Breach of Contract if I Have No Contacts in NJ
To sue in NJ, the other side must have contact with NJ. To enable NJ court to exercise specific jurisdiction over a non-resident defendant, …
If Your Business Makes Too Much Noise, You’re Going to Get Shut Down and Be Sued
There is a legal action known as a “private nuisance”. A landowner including a landlord can be liable for a nuisance. Generally, a landlord …
You Can’t Wait Forever to Demand Arbitration in Your Contract Fight
Watch this informative video that discusses whether or not you should demand arbitration. Any assessment of whether a party to an arbitration agreement has …
A Power of Attorney Does Not Override a Principal’s Decision Making in Absence of Guardianship
Watch this informative video as Fredrick P. Niemann, Esq. discusses an issue that can arise when a Power of Attorney combines both a Healthcare …
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. …
A Medicaid Application Can Be Like a Tax Audit
When describing the Medicaid application process, I often reference it to a tax audit. It is an intrusive government review of an applicant’s finances …
Can a Surviving Spouse Avoid Probate in NJ When the Estate Value is Small?
The short answer is yes. In the absence of a will, if a deceased spouse owned less than $50,000 of assets to his or …
Court Ordered Alimony: Can Medicaid Deny Alimony Payments to a Community Spouse?
I was recently asked if I knew of any statutory or other persuasive authority supporting the allowance of court-ordered spousal support (alimony) as a …
Is My Primary Residence Exempt Under NJ Medicaid if it Also Includes Two Rental Units?
The short answer is yes, I believe. New Jersey’s regulation N.J.A.C. 10:71-4.4 states that “[a] house occupied by the individual as his or her …
To Qualify for Retroactive Medicaid Eligibility, You Must Be Resource and Income Compliant
To receive retroactive Medicaid eligibility, you must meet the eligibility requirements for the months prior to the application. Retroactive benefits are useful for applicants …
Pay All Bills Before the Death of a Special Needs Trust Beneficiary
Sadly, the beneficiary of a Special Needs Trust will be dying soon will necessitate winding up the trust. Payments will be owed to creditors …
Gift Taxes vs. Inheritance Taxes: Which is Worse?
Generally, there is no income tax imposed upon assets beneficiaries inherit. However, when they later sell inherited assets, (i.e., appreciated securities and real estate), …
Can You Transfer Your Home With a Mortgage to a Trust Without Jeopardizing Your Bank Loan?
There is a Federal law called the Garn-St Germain Act. Federal Regulations exempt transfers to trusts in which the transferor or a member of …
Understanding the NJ Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
What happens if parents who are guardians of their disabled adult child moved to NJ from another state and want to know about the …
Tuesday’s Tip: Can you open a bank account of an estate outside of NJ?
Fred Niemann here with Tuesday’s legal tip of the day. Can you open a bank account of an estate outside of NJ?
Tuesday’s Tip: Trustee discretion
NJ Trust Law Attorney, Fredrick P. Niemann, Esq. talks to you about the term “trustee discretion” and how it impacts trustee decisions based on …
Tuesday’s Tip: Guardianship provisions in a Will
Fred Niemann here with Tuesday’s legal tip of the day talking to you about guardianship provisions in a Will.
Tuesday’s Legal Tip: Trustee discretion
In today’s tip, I discuss trustee discretion. Please visit our Trust Law website to learn more: By Fredrick P. Niemann, Esq.
Tuesday’s Legal Tip: Guardianship provisions in a Will
In today’s Legal Tip on Tuesday I discuss guardianship provisions in a Will. By Fredrick P. Niemann, Esq.
Tuesday’s Tip: Filing an appeal if denied by Medicaid
In today’s Legal Tip on Tuesday, I talk about filing an appeal if you are denied by Medicaid. By Fredrick P. Niemann, Esq.
Tuesday’s Tip: Can a Person with Alzheimer’s or Dementia Legally Sign a Will or Trust?
By Fredrick P. Niemann, Esq.
Tuesday’s Tip: Can you force an executor or estate administrator to disclose the terms of a trust?
By Fredrick P. Niemann, Esq.
Tuesday’s Tip: Who has the legal right to access your safe deposit box when you die?
By Fredrick P. Niemann, Esq.
Tuesday’s Tip: You can hire a family member or friend to be your home health aide under NJ Medicaid
By Fredrick P. Niemann, Esq.
Who is Entitled to Be the Guardian of a Minor Child(ren) When a Parent Dies?
In this video, NJ Guardianship Law Attorney, Fredrick P. Niemann, Esq. discusses the rights of a surviving parent and family members to be Guardian …
The Importance of Consideration to a Valid Contract
NJ Contract Law Attorney, Fredrick P. Niemann, Esq. discusses the importance of “consideration” to the enforcement of a valid contract. You can contact Mr. …