Palimony Promises in New Jersey must be in writing: Are there any exceptions?
By Fredrick P. Niemann, a New Jersey Probate Lawyer Palimony is financial support provided from one unmarried person to another in exchange for the …
Converting your IRA to a Roth IRA by Fredrick P. Niemann, a New Jersey IRA Estate Planning Lawyer
We all must pay taxes. But when we pay certain taxes is a choice we can each make, especially when the rules change. Making …
Protection from Identity Theft…After Death, by Fredrick P. Niemann, a New Jersey Estate Administration Attorney
Identity thieves can do a lot more damage than simply committing financial fraud. Identity thieves scour obituary listings and gather personal information from genealogy …
Spouses Can Be Held Liable for Certain Unpaid Debts of Their Husband or Wife
By Fredrick P. Niemann, an Estate Administration Attorney Did you know that a creditor may be able to come after you for some …
New Federal Estate Tax and Income Law Enacted
By Fredrick P. Niemann, Esq., a NJ Estate Tax Attorney On December 17, 2010, the president signed into law an $858 billion federal tax …
Residency vs. Domicile – Can NJ and NY Both Tax Your Estate?
By: Fredrick P. Niemann, a NJ Estate Administration Attorney An often overlooked issue in probate and estate administration is the determination of a decedent’s …
Distribution from Self-Settled Special Needs Trusts Relating to Medical Expenses
Fredrick P. Niemann, Esq., a NJ Special Needs Trust Attorney One of the most pressing needs for disabled beneficiaries is medical care. Medical Insurance …
Tips for Preventing, Detecting, and Reporting Financial Abuse of the Elderly
Fredrick P. Niemann, Esq., NJ Elder Law Attorney As the economy worsens, incidences of elder financial abuse are reportedly on the rise. The elderly …
Will They or Won’t They? An Update on Federal Estate Tax Law
By Fredrick P. Niemann, Esq., a Monmouth, Ocean, Middlesex and Mercer County NJ Estate Planning and Administration Attorney Earlier this year, I spoke about …
National Report Says States Have Ability to Curb Power of Attorney (POA) Abuse
Fredrick P. Niemann, Esq., a Power of Attorney Lawyer The misuse of powers of attorney to exploit the elderly appears to be on the …
IRS Clarifies Recent Law Waiving Account Distribution Rules for 2009
Fredrick P. Niemann, Esq., an Elder Law Attorney The Internal Revenue Service (IRS) has issued guidance to financial institutions clarifying the new law that …
The Benefits of Fixed Annuities
If you are looking for a steady stream of income in retirement, an immediate fixed annuity may be the answer. An immediate fixed annuity …
Supreme Court Says Deceased Employee’s Ex-Wife Can Get His Pension Benefits
A new Supreme Court decision illustrates the importance of making sure your beneficiary designations are up-to-date. The Court has unanimously ruled that an employer …
The Risk of Going Through Medicaid Application Process Alone
Fredrick P. Niemann, Esq., NJ Medicaid Application Attorney When money is running out and the family is faced with the need to apply for …
Your New Jersey Estate Plan Review Checklist Part 3
Fredrick P. Niemann, Esq., NJ Estate Planning Attorney What authority does the Trustee have to distribute the assets in the trust? Is the Trustee’s …
LLC Ruling Favors Taxpayers
Anna was the mother of three children and the widow of the man who invented the heart defibrillator implant. In 1992, she created a …
Your New Jersey Estate Plan Review Checklist Part 2
Fredrick P. Niemann, Esq., a NJ Estate Planning Attorney Do you own assets held in joint accounts, or where you have a named beneficiary? …
Your New Jersey Estate Plan Review Checklist Part 1
Your estate plan is an investment in you and your family’s future. As years pass, your family may grow, your assets will change, and …
Monmouth County Law Firm is Focusing on Elderly and Disabled
Hanlon Niemann’s Fredrick P. Niemann got a first-hand look at the problems of the elderly many years ago with the aging of his beloved …
Have children? Pay them for your care.
How children can be paid for as a caregiver to their parent(s) – Part 1 This is Part 1 of a 4 part series …
JHA Finds Growth in Group Life And DI Markets
Insurers are reporting modest increases in revenue from U.S. group life and U.S. individual disability policies already in force. Combined revenue from employer-paid and …
Trust’s attorney not liable under RICO
A federal appeals court upholds the dismissal of a trust beneficiary’s lawsuit claiming that an attorney who worked for the trustee violated the Racketeer …
Estate’s former attorney disqualified from representing client in action to remove executor
A court rules that attorneys for estates necessarily have an attorney-client relationship with the estate’s executor. This disqualifies an estate’s former attorney from later …
Agent with power to gift under POA cannot make unlimited gifts or change retirement beneficiaries
A recent appeals court rules that a durable power of attorney that allows the agent to “make gifts” does not accord the power to …
Pitfalls of Improperly Drafted Will
A number of years ago, I received a call from a potential client who had the following tale to tell. The woman’s husband had …
New Jersey Court holds Executors and Trustees potentially liable for damages
Punitive Damages Okayed in Probate Case: The New Jersey Supreme Court on July 22, 2008 considered the circumstances in which it is appropriate to …
What are some common sense tips to use when you negotiate a prenuptial agreement?
The old saying goes “a little bit older, a little bit wiser.” If your next marriage isn’t your first one, then you have probably …
What are the estate planning considerations in a second marriage later in life?
For more information about probate and estate administration, estate tax planning or estate/trust litigation, click here: Many widows and widowers simply do not like …
Why is it important to have a prenuptial agreement for a second marriage?
Due to an increased life expectancy, a 50% or higher divorce rate in the United States, and an increasing amount of second marriages, prenuptial …
Ohio Appeals Court Determines That Resources in Trust Are Countable
An Ohio appeals court rules that assets held in an irrevocable trust are available to a Medicaid applicant because the trustee has the discretion …