We are excited to announce that Nicole Tomlin, Esq. of Hanlon Niemann & Wright has been appointed to a one year term of the …
New Jersey Adopts Final Remote Notary Law
In 2020, New Jersey’s government recognized for the first time that sometimes, you need a notary- and you need one who can witness electronically. …
Involuntary Civil Commitments Must Follow the Law
In a recent NJ Appellate Division case, the court found that a trial judge made a mistake by refusing to vacate a civil commitment …
Inheritance Tax – Who Should Pay?
One of the biggest questions to tackle in formulating an estate plan is the payment of any estate and inheritance taxes. Should the estate …
Income Derived from Personal Businesses Must Be Counted for Eligibility for Benefits
When applying for welfare through a county’s Board of Social Services, whether it’s Medicaid or SNAP benefits, you are required to provide to the …
Is There a Legal Remedy to a Minority Shareholder Without a Finding of Shareholder Oppression?
I’ve written extensively about minority shareholder oppression. Sometimes there is abusive and unfair conduct by a co-shareholder(s) that do(es) not legally qualify as shareholder …
Seven Ways You Can Legally Terminate an LLC in New Jersey
Like a corporation, a limited liability company (LLC) can be terminated either voluntarily or involuntarily with or without the assistance of the courts. When …
How Can Trademark Rights Protect and Strengthen My Brand?
If I operate a business, do I automatically have a trademark? What is the little circled “R” on certain brand names? What does it …
Can an Employer Sue Its Employee for Negligence?
One of our corporate clients had an employee whose negligence resulted in him cutting electric lines to mobile homes, costing the company $3,500.00 to …
Understanding the Nature of Limited Liability Companies Under New Jersey Law
A limited liability company is no longer a new creation in business organizations law. The LLC was originally designed to answer the need for …
Understanding Medicare and Your Right to Rehab and Therapy in a Skilled Nursing Center
In 2013, a federal district court approved a settlement agreement in a landmark case named Jimmo v. Sebelius. The Jimmo Settlement confirmed that Medicare …
Municipal Courts Have Jurisdiction to Impose Civil Penalties in an Enforcement Action Filed Under the Spill Compensation and Control Act
A recent Appellate Court decision ruled municipal courts have jurisdiction pursuant to N.J.S.A. 58:10-23.11u(d) to impose civil penalties under the Spill Act in a …
Finally, It’s a Little Easier to Evict or Foreclose on a Commercial Tenant(s)
Because of Governor Murphy’s executive orders, commercial landlords have been unable to get possession of their properties from non-residential tenants since the onset of …
Be Careful When You Personally Guarantee a Contract
A contractual guarantee agreement means if a contract is breached and payment not made, the person who guaranteed the contract can be held personally …
Dealing with a Mistake on a Death Certificate When Estate Probate is Required
A client’s father died while visiting his daughter in upstate NY. The father was a resident of Bergen County, NJ. NY issued a NY …
Federal Government Reinstates Restrictions on Nursing Homes to Discharge Residents and Relocate Them Within Facility Under Covid
When the COVID-19 emergency began, the Centers for Medicare and Medicaid, the federal agency which controls the administration of long term care facilities, issued …
When Should I Be Looking to Do an Estate Plan?
When you die, you will leave an estate. Your estate is comprised of everything you owned, saved and accumulated during your life. It is …
People very polite, informative, and explained in detail
Mr. Niemann, Michelle, Lucille and Stephen Kornas, outstanding and very professional! Mr. & Mrs. Lawrence Ehrlich
I was impressed with such a quick response, and anyone I spoke to/with were extremely wonderful to deal with
Right at the beginning of 2021, my mother was diagnosed with terminal brain cancer. She didn’t have her affairs together yet. I searched for …
Is an Inherited IRA Protected from Bankruptcy and Creditors?
New Jersey has fraudulent transfer laws that prevent property “made in trust” for a debtor to be available to creditors to satisfy their debts. …
Understanding the First Steps in Filing a Medicaid Application for Home-Based Services
A client came to me contemplating applying for Medicaid for services at home. There were two issues needing attention. The first issue was financial. …
How to Appeal a Medicaid Lien Filed by the State of NJ
As part of the Medicaid program, federal law dictates that a State Medicaid plan is required to seek “adjustment or recovery from the individual’s …
All Individuals with Intellectual or Developmental Disabilities Over the Age of 16 Will Be Eligible to Receive a COVID-19 Vaccination Soon
Gov. Murphy announced that individuals with an intellectual or developmental disabilities over the age of 16 will be eligible to receive a COVID-19 vaccination …
New Jersey Family Care: Federal Government Agency and New Jersey Agency Together Extend Time for Families to File Appeals
For many New Jersey families, COVID-19 has made it impossible for them to keep their health insurance. That means more people and families than …
Is it Possible to Overturn a Will During the Testator’s Lifetime?
What if someone makes a Will without being of ‘sound mind’? Can a court decide for someone that their Will is not in their …
How Can Beneficiaries Find Out if an Executor is Being Honest?
What is an estate accounting and who can request one? Why doesn’t every estate have a formal accounting? The Executor (or Executrix) of an …
Federal Government Agency Announces Support for Indoor Visitation to Nursing Home Residents
For many families, restrictions on visits to their loved ones who live in assisted living facilities and nursing homes has been devastating. Today, the …
If You’re Going to Loan Money to a Parent, Do a Promissory Note and Keep Good Records
Older persons often have their liquid assets tied up in real estate, mutual funds and annuities. They cannot gain access to these funds quickly …
What Rights Do Estate Beneficiaries Have in Dealing With an Executor?
The Will says one thing but the Executor is doing something else! Can the Executor collect a fee for ‘doing nothing’? The title “Executor” …
What Does “Undue Influence” Mean in Challenging a Will?
How can a court determine if a testator was unduly influenced? If you help someone prepare their Will, does it become invalid? Undue Influence …