Thank you for your help

HNW Testimonials

I thank you for all of your help with our Estate planning and Medicaid needs over the past several years. All of your advice helped us out immensely and made the whole process easier than expected. I will be sure to call on you again if any future needs arise as well as refer family and friends to you if they are in need of legal help.  Thank you again, Laura W.

Oh No, I’m Getting Money; Now What Do I Do?

HNW Elder Law, Special Needs Trusts for Minor Children and Adult Incapacitated Person

I get quite a few calls from attorneys who have settled cases or obtained judgments in favor of their clients to compensate them for pain and suffering resulting from slip and falls, car accidents, medical malpractice etc. The amount recovered might be small, say $10,000.00. In other cases, it can be substantial, say $1,000,000.00 or more. In each case the attorneys have brought the matter to a successful conclusion, no doubt getting the very best result they can for their client. So, why are they reaching out to me? The reason is that in many cases their clients are receiving “needs based” government benefits; an example, Medicaid.  Receipt of settlement money will in each case cause their client to lose …

Short-Term Care Insurance:  An Alternative to the Long-Term Care Variety

HNW Elder Care Law, Elder Law

Truth be told, I really had never heard about short term care insurance. I’m a really big advocate for long term care insurance though many clients choose not to purchase it. Generally the reasons offered are price and/or insurability. So an alternate solution for some people who may need care in the future but are unable to buy long-term care insurance is short-term care insurance that will cover nursing home and/or home care for one year or less. These policies are more popular because long-term care premiums are expensive. This type of insurance is generally cheaper because it covers less time. Purchasers can choose the length of coverage they want, up to one year. The underwriting and medical qualifications are …

If You Don’t Pay Your Arbitration Fees, You Forfeit the Right to Arbitrate Your Dispute, Court Rules

HNW Business Law

If your contract requires mandatory arbitration and you fail to pay the arbitration fee in advance, you automatically waive your right to enforce an arbitration clause, the New Jersey Supreme Court said in a recently published case. The court rules that the failure to abide by contractual language mandating the advancement of arbitration fees amounts to a “material Breach” of the contract, and therefore invalidates the arbitration clause and will result in the dismissal of an arbitration claim. The failure to advance fees ‘goes to the essence’ of the dispute resolution agreement and amounts to a material breach. New Jersey courts had never before ruled whether a failure to advance arbitration fees amounted to a material breach of a dispute …

Guardianship and Your Right to Vote

HNW Elder Law, Guardianship Law

A colleague who knows of my extensive guardianship law background asked if he was correct in his thinking that a person declared to be incapacitated continues to retain the right to vote unless that right is specifically taken away in the judgment of guardianship. He is correct. Under NJ law, an incapacitated person retains the right to vote unless the guardianship judgment states otherwise. However, that is not the law in about 10 States so if there’s a possibility that the person may not stay in New Jersey it may make sense to have the judgment specifically state that the person retains the right to vote wherever he/she resides. To explain the New Jersey Constitution states that “no person who …

If Your Business Charter is Revoked in New Jersey, You Can’t Bring Legal Action

HNW Business and Corporate Legal Services, Business Law

The judge concluded correctly that E&V’s failure to reinstate its revoked corporate charter precluded E&V from filing this action. Background E&V, a construction contractor filed a complaint against Deeper Life Bible Church (Bible Church), and several individual defendants. E&V alleged it contracted with Bible Church to build a Church building, that it performed the work, but Bible Church failed to pay the balance due. E&V sought final payment from Bible Church and the individual defendants. Several years ago, E&V lost its corporate charter in NJ for failing to file tax returns and quarterly withholding reports. Now being formally unauthorized to do business in NJ with a revoked certificate of incorporation, E&V improperly entered into the construction contract to build the …

New Jersey Tax Laws Strike Again:  New Jersey Just Added Another Tax – This Time It’s a Tax on Short-Term Rentals

HNW Real Estate, Landlord/Tenant, and Zoning

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County NJ Real Estate Law Firm If you engage in any “transient rentals” (defined as rentals of 90 days or less), you must collect sales and occupancy taxes as of October 1, 2018.  There are, however, some exclusions. If you rent your property through a licensed realtor, sales and occupancy taxes do not apply. For this exception from sales/occupancy taxes to apply, the renter must pick up the keys from the realtor, and no in-stay maid services can be provided. If you rent your property on an online marketplace which charges the renter directly (such as AirBnb), then the marketplace itself must collect the sales and …

When You Sign a Business Contract You Absolutely Must Negotiate Litigation Provisions Outside of New Jersey

HNW Business and Corporate Legal Services, Business Law

By Fredrick P. Niemann of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Business Corporation and Contract Law Attorney I have written extensively about the importance of selecting New Jersey as the jurisdiction to decide cases and controversies involving your contracts and relationships with customers/vendors.   Many contracts with (particularly) interstate and international companies generally designate a particular state as the place where all lawsuits and legal disputes must be filed and the law of that state applied. Much like mandatory arbitration clauses, State and Federal Courts are increasingly enforcing these mandatory jurisdiction and venue provisions as one way to reduce their case load.  A recent case decided in California involved a New Jersey church and school where …

NJ Allows Terminally Ill to Get Life-Ending Meds

HNW Elder Care Law, Hospice Care Planning

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Monmouth County, Freehold, NJ Elder Care Attorney Gov. Phil Murphy on Friday signed legislation making New Jersey the seventh state to enact a law permitting terminally ill patients to end their lives. Murphy, a Democrat, signed the Medical Aid in Dying for the Terminally Ill Act in private. His office would not answer why the signing was not public. The law goes into effect in August. He earlier indicated he would support the bill, but in a personal statement, Murphy — a lifelong Catholic — revealed that he wrestled with whether to sign the legislation. The state’s Catholic Conference testified against the measure. “I have concluded that, while my …

I appreciate the firm’s understanding approach

HNW Testimonials

I appreciate the firm’s understanding approach to my particular elder care issues.  They add value by referring clients to other professionals (ex, financial advisors) who can help.  Hanlon Niemann & Wright has expertise you can rely on with regard to the ever changing tax, legal and legislative aspects of elder care. Testimonial by Susan Rees