By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Business and Corporate Law Attorney I was recently asked whether N.J.S.A. 14A:5-28 allows a shareholder(s)s to inspect the minutes of the board of directors and of an executive committee. That statue provides as follows: Each corporation shall keep books […]
Can a Surviving Spouse Who Commits Elder Abuse Against Their Deceased Spouse Inherit His or Her Estate?
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Abuse and Financial Exploitation Attorney Here’s a very interesting case regarding the right of a disinherited surviving spouse who committed financial elder abuse to inherit from her deceased spouse’s estate. A court affirmed the legality of the marriage in the face of claims […]
Understanding What Posting a Bond Means When Administering an Estate
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Estate & Probate Administration Attorney Many individuals when faced with probating an estate are required to post a bond but few really understand what this means or what is involved. Let me explain the process to you in this […]
An Insolvent Estate Escapes Responsibility for Funeral Expenses After Receiving Millions of Dollars
By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County NJ Estate & Probate Administration Attorney In this case an action was filed by a funeral director against decedent’s representative, and others, to recover the balance of his bill for services rendered at the funeral of decedent. The Superior Court, Appellate Division, held that money […]
If You Apply for Adult Medicaid Long Term Care Services, the County Board of Social Services Must Inform You of Its Application Requirements
By Fredrick P. Niemann, Esq. of Hanlon, Niemann & Wright, a Freehold Township, Monmouth County NJ Medicaid Application Attorney New Jersey’s Medicaid Communication guide book requires that during the initial face-to-face meeting between a County Welfare Agency representative and a Medicaid applicant, the agency representative must provide the applicant or his/her representative with a “checklist/missing information […]
Just How Far Can Adult Protective Services Go to Protect a Vulnerable Person
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Elder Abuse & Financial Exploitation Attorney The Adult Protective Services Act (the Act) authorizes protective services providers, such a County Office on Aging, to pursue legal relief for the benefit of vulnerable adults. In a recent case, a local […]
Can a Guardian Transfer Assets of a Disabled Person Into a Special Needs Trust Without Going to Court
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County New Jersey Guardianship and Special Needs Attorney Recently a family member met with me about an issue she was experiencing as a guardian to her disabled SSI adult niece. She was told she could establish a Special Needs Trust as […]
Charitable Scams and Elder Financial Abuse
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Abuse and Financial Exploitation Attorney I recently read a post involving an elderly widow who was persuaded to take out loans from her bank by telephone scammers who told her she won the New Jersey state lottery. After she got the loans and […]
How Long Does an Executor/Administrator Have to Pay Creditors of an Estate
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County NJ Estate and Probate Administration Attorney I get asked often how much time an estate fiduciary has to pay the bills of a decedent. The answer is generally straightforward but has a few twists. If a creditor isn’t presented within […]
Appealing Medicare Denial of Coverage Benefits
By Frederick P. Niemann, Esq., a Freehold Township, Monmouth County New Jersey Elder Care Attorney There are times when Medicare issues a decision unfavorable to the coverage of your case. Whether it is classifying you in a hospital as a patient undergoing “observation status” versus being an “in-patient” or terminating rehabilitation services because you are not […]