When considering options for long term care in a facility setting, most people know about assisted living facilities and nursing homes. There are, however, …
Can a Nursing Home, Assisted Living Resident Refuse the COVID Vaccine?
Vaccines are always controversial. For many of us, we view our right to receive a vaccine – or refuse it – to be similar …
How to Gain Access to a Safe Deposit Box Upon the Death of a Person
By Fredrick P. Niemann, Esq.
Getting Use Variance Approval (a “D” Variance) is Tough. This Case Explains Why
Background and Facts of the Case In this zoning law case, the plaintiff owned a shopping center located in the Community Commercial Zoning District …
Holiday Visitation
After more than seven months of “sheltering in place” and limited “outdoor” visitation, many of our clients want to bring Mom or Dad home …
What is a “Durable Power of Attorney”, and What Authority Does It Grant?
A “Power of Attorney” is a written legal document that legally permits a person to make decisions and act for another person. We call …
Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Price/Book Value
Most commonly, Buy-Sell agreements provide for a purchase of shares based on book value. Book value is the difference in value between the assets …
Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Buy-Out Mechanisms and Their Limitations
The most useful mechanism in a shareholder agreement for dealing with shareholder oppression is a well-written Buy-Sell provision. Because shareholders in closely-held corporations have …
Trust Administration: Which State Law Governs a Trust?
As trustee, you have many duties. Duties to your beneficiaries and the trust to ensure it is being administered properly to maximize distributions to …
Allowable Funeral Expenses – What Estate Expenses Can I Pay as Executor?
When a loved one dies, is nine or ten thousand dollars to pay for a funeral enough? Planning a funeral is the last thing …
Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Required Dividends
The most straight-forward way of protecting a minority shareholder’s economic stake in a closely-held corporation is to require the payment of dividends. In most …
Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Employment Agreements
A primary claim for shareholder oppression is termination of employment. “A minority shareholder’s loss of employment within a closely held corporation can be particularly …
A Beneficiary’s Right to Demand an Accounting is Not Absolute – Part 2
Part 1 of this article left off with observations from cases in which courts declined to enforce a beneficiary’s demand for an accounting. A …
Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Adopting the Supermajority Voting Requirement
A strategy for providing some minority shareholder control is to alter the voting requirements for specific decisions to require supermajorities — either on the …
Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Establishing Classes of Shares to Protecting Minority Shareholders
A tool for maintaining a minority shareholder’s ability to have some control over the corporation is to issue different classes or series of shares …
A Beneficiary’s Right to Demand an Accounting is Not Absolute – Part 1
Does a trust/estate beneficiary have a right to financial info? Why would a court refuse to enforce that right? The beneficiaries of an estate …
Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Voting Agreements
Shareholders may bind themselves in a shareholder agreement to vote in a specified manner regarding specific matters. Examples might include places on the board …
Do You Know That You Can Demand Discovery from the County and State if You Appeal a Denial of Medicaid Eligibility?
Legal Argument Required to Demand Discovery A motion for discovery in a fair hearing appeal is properly made under N.J.A.C. 1:1-12.1-12.7. A motion for …
Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Cumulative Voting
Cumulative voting is a mechanism for granting minority shareholders rights of participation to corporate decisions. However, this protection is quite limited and may, at …
Can a Member of the New Jersey National Guard Be Eligible for a NJ Veterans Home?
Veterans eligible for a NJ veterans home are defined under N.J.A.C. § 5A:5-1.2 (the regulation governing veterans’ homes) as “A person who has been …
How is an Executor’s Commission Calculated in New Jersey?
Is there a formula that establishes what an Executor can earn? Does an Executor get paid extra for extra work? In New Jersey, the …
Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Guaranteed Directorships to a Minority Member
Minority shareholders usually do not have the voting power to guaranty a spot on the board of directors. A shareholder who is not a …
Just Because You’re a Disabled Veteran, You Don’t Get to Evade Municipal Zoning Laws
A recent case involved a plaintiff who resides in a single-family home in the Borough of Totowa. He is a retired police officer and …
Refusal of Vaccinations While Living at Long-Term Care Facility
We received an inquiry from someone whose mother resides at an assisted living facility. The facility told residents it will be giving out flu …
Shareholder Agreements Can Address Specific Oppressive Conduct and Their Limitations
Minority shareholders in a closely-held corporation may (should) try to protect themselves against the actions of the majority by including protective provisions in their …
Once You Agree to Settle a Lawsuit, New Jersey Law Will Not Let You Back Out of the Settlement
In many (most cases/lawsuits) the parties settle their dispute. There is strong public policy favoring settlement of litigation. Once a case is settled, New …
Recent NJ Cases Involving Shareholder Agreements Offer Much Guidance to Counsel and Clients – Part 2 of 2
Facts of the Case This case involved a closely-held corporation with four equal shareholders, in which three of the shareholders ceased paying salary to …
Family Members Are Entitled to an Accounting and an Estate Inventory from a Former Power of Attorney
A court may compel someone who served as a Power of Attorney on behalf of another to account for monies expended during the time …
Recent NJ Cases Involving Shareholder Agreements Offer Much Guidance to Counsel and Clients – Part 1 of 2
Case 1 I’ve written often about the importance of having legal disputes resolved by the courts in NJ. Our law states that “Subject to …
Is There Such a Thing as an Equitable Adoption So You Can Legally Inherit an Estate?
New Jersey has strict laws on adoption A stepchild is not legally the child of a deceased step-parent. An estranged biological child of a …