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HNW Law Articles

Welcome to the HNW Law Blog. Here you will find helpful articles.
If you have any question please call Toll Free: 855-376-5291

What Rights Do Estate Beneficiaries Have in Dealing With an Executor?

HNW February 26, 2021 Elder Law, Estate Administration and Probate

The Will says one thing but the Executor is doing something else! Can the Executor collect a fee for ‘doing nothing’? The title “Executor” …

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Estate Administration and Probate

What Does “Undue Influence” Mean in Challenging a Will?

HNW February 18, 2021 Estate Administration and Probate

How can a court determine if a testator was unduly influenced? If you help someone prepare their Will, does it become invalid? Undue Influence …

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Estate Administration and Probate

Naming a Guardian in a Will

HNW February 10, 2021 Estate Planning, Last Wills and Testament

It is a good idea when drafting a last will and testament that you put language in there appointing a guardian for your minor …

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Estate Planning

Guidelines on Preparing and Presenting a Medicaid Fair Hearing at the NJ Office of Administrative Law

HNW February 1, 2021 Appealing the Denial of Medicaid

A Medicaid Fair Hearing is a legal challenge to a decision by a County Board of Social Services (CBOSS) concerning any issue related to …

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Appealing the Denial of Medicaid

Fighting for Discharge After Voluntary Commitment

HNW January 28, 2021 Elder Care Law, Public Benefits Law for Special Needs and Disabled Persons

If you or a loved one has been diagnosed with a psychiatric illness, this is a particularly difficult time.  People are going into crisis …

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Public Benefits Law for Special Needs and Disabled Persons in New Jersey

Kinship Legal Guardianship:  You Can Get Financial Aid in NJ to Care for Your Grandchildren and Sister’s Kids

HNW January 22, 2021 Guardianship Law

New Jersey has a program that provides financial help to individuals caring for their grandchildren, nieces, nephews, or other children. It is called the …

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Guardianship Law

COVID Vaccinations

HNW January 14, 2021 Elder Care Law

Today, New Jersey announced that certain individuals under the age of 64 will be eligible for a COVID-19 vaccination soon. This news is a …

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Elder Care Law

We liked the friendliness, patience, empathy and knowledge of not only Fred but his staff as well. 

HNW January 14, 2021 Testimonials

We met with Mr. Niemann to apply for Medicaid and seek advice on our sick Dad/Husband.  We liked the friendliness, patience, empathy and knowledge …

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Testimonials - Medicaid

Understanding Medicaid Eligibility for Assisted Living Admission

HNW January 14, 2021 Medicaid Eligibility and Asset Protection Planning

To understand Assisted Living Medicaid, you must understand New Jersey’s Medicaid laws. You also need to understand the Medicaid history concerning assisted living admission …

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Medicaid Eligibility and Asset Protection Planning

It’s been a pleasure working with Fred Niemann

HNW January 13, 2021 Testimonials

We have used this firm for three different matters and have been satisfied each time.  It’s been a pleasure working with Fred Niemann. – …

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Testimonials - Estate Planning

I would absolutely use Hanlon Niemann & Wright for my future legal needs!

HNW January 11, 2021 Testimonials

Fred Niemann is knowledgeable, thorough and professional.  He patiently listens and addresses all questions and concerns.  The support staff I worked with, Michele, Lucille …

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Testimonials - Estate PlanningTestimonials - Last Will and Testament

Your Reason for Signing a Contract Can’t Be Used Against You

HNW January 6, 2021 Business and Corporate Legal Services, Contract Law, Real Estate, Landlord/Tenant, and Zoning

“Every contract in New Jersey contains an implied covenant of good faith and fair dealing.” “The party claiming a breach of the covenant of …

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Business and Corporate Legal ServicesContract LawReal Estate

If You Use a Financial Planner, Read This Post

HNW December 28, 2020 Elder Abuse and Financial Exploitation

Many financial planners are members of the Certified Financial Planner Board of Standards (CFP). The CFP Board is the professional body for financial planners. …

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Elder Abuse and Financial Exploitation

New Jersey Senior Property Tax Freeze and Ownership of Property

HNW December 21, 2020 Real Estate, Landlord/Tenant, and Zoning

In New Jersey, seniors who own real estate are eligible for their property taxes to be reimbursed to them directly from the state Division …

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Real EstateReal Estate Tax Appeals

How Elder Law Attorneys Are Modernizing Laws to Combat Elder Financial Exploitation

HNW December 18, 2020 Elder Abuse and Financial Exploitation

Elder exploitation, also known as financial abuse, is a widespread problem in the United States. Elder exploitation includes everything from an adult child taking …

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Elder Abuse and Financial Exploitation

A Zoning Board Can Deny a Business Owner the Right to Sell its Business

HNW December 14, 2020 Real Estate, Landlord/Tenant, and Zoning

Under New Jersey Zoning Law, the doctrine of estoppel holds that an entity “may, by voluntary conduct, be precluded from taking a course of …

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Zoning

What Happens if I Get Into an Accident While Skiing the Mountains of Pennsylvania?

HNW December 7, 2020 Personal Injury and Negligence Cases

Many people enjoy the mountains in the winter time.  Skiing, snowboarding, snow tubing.  But what happens if you get injured at the ski lodge …

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Personal Injury and Negligence Cases

Consider Alternative Care Facilities for an Aging Adult Besides an Assisted Living or Nursing Home

HNW December 2, 2020 Elder Care Law

When considering options for long term care in a facility setting, most people know about assisted living facilities and nursing homes. There are, however, …

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Elder Care Law

Can a Nursing Home, Assisted Living Resident Refuse the COVID Vaccine?

HNW December 1, 2020 Elder Care Law

Vaccines are always controversial.  For many of us, we view our right to receive a vaccine – or refuse it – to be similar …

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Elder Care Law

How to Gain Access to a Safe Deposit Box Upon the Death of a Person

HNW November 30, 2020 Estate Administration and Probate

By Fredrick P. Niemann, Esq.

Estate Administration and Probate

Getting Use Variance Approval (a “D” Variance) is Tough.  This Case Explains Why

HNW November 30, 2020 Real Estate, Landlord/Tenant, and Zoning

Background and Facts of the Case In this zoning law case, the plaintiff owned a shopping center located in the Community Commercial Zoning District …

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Zoning

Holiday Visitation

HNW November 27, 2020 Elder Care Law

After more than seven months of “sheltering in place” and limited “outdoor” visitation, many of our clients want to bring Mom or Dad home …

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Elder Care Law

What is a “Durable Power of Attorney”, and What Authority Does It Grant? 

HNW November 25, 2020 Estate Planning

A “Power of Attorney” is a written legal document that legally permits a person to make decisions and act for another person.  We call …

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Estate Planning

Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Price/Book Value

HNW November 25, 2020 Shareholder Rights Litigation

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 …

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Shareholder Rights Litigation

Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Buy-Out Mechanisms and Their Limitations

HNW November 23, 2020 Shareholder Rights Litigation

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 …

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Shareholder Rights Litigation

Trust Administration: Which State Law Governs a Trust?

HNW November 23, 2020 Elder Law, Estate Administration and Probate

As trustee, you have many duties.  Duties to your beneficiaries and the trust to ensure it is being administered properly to maximize distributions to …

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Estate Administration and Probate

Allowable Funeral Expenses – What Estate Expenses Can I Pay as Executor?

HNW November 20, 2020 Appealing the Denial of Medicaid, Estate Administration and Probate

When a loved one dies, is nine or ten thousand dollars to pay for a funeral enough?  Planning a funeral is the last thing …

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Appealing the Denial of MedicaidEstate Administration and Probate

Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Required Dividends

HNW November 20, 2020 Shareholder Rights Litigation

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 …

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Shareholder Rights Litigation

Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Employment Agreements

HNW November 19, 2020 Shareholder Rights Litigation

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 …

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Shareholder Rights Litigation

A Beneficiary’s Right to Demand an Accounting is Not Absolute – Part 2

HNW November 18, 2020 Estate Administration and Probate

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 …

Read More
Estate Administration and Probate
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Freehold, NJ 07728
Phone: (732) 863-9900
Phone (Toll Free): (855) 376-5291
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