A Liquidated Damage Cause in a Breach of Contract Cases Isn’t Always Enforced
A recent case I read involved a dispute over a $852,100 deposit made by a buyer in connection with a commercial real estate sale …
When Gifting Real Estate in NJ, What is the Actual Date of the Gift?
We have clients who want to gift to their ownership in New Jersey Real Estate. These clients want to complete their gift in 2022. …
Can a Veteran Receive Both VA Aid & Attendance Benefits AND Medicaid?
Many Veterans (or the widows of war-time Veterans) who receive Aid & Attendance benefits also need Medicaid. A Veteran and his/her spouse can receive …
Claiming to Be a Victim of Discrimination Isn’t Enough to Win an Employment Discrimination Case
I notice that many employees (actually they are now former employees when they bring their lawsuit) allege a violation of the New Jersey Law …
After Divorce, What Agreements Should You Review to Protect Loved Ones?
Just divorced? Getting divorced? Been divorced and haven’t done anything about changing key documents? Obviously, I think it is important that you review your …
Estate Planning: Beware of the Gift of Debt
It’s great to inherit property but what if that gift brings with it a big string – a string of debt attached to it …
When Shareholders Are Fighting What Statutory Remedies Can Be Used to Win
When things go bad between shareholders, fights erupt and litigation is most often filed by and against the corporation and the individual shareholders. Once …
I’m so grateful for finding Fred Niemann. He was outstanding in every way!
After searching for a few months for an elder care attorney, we found Fred Niemann. He was outstanding from day one and helped us …
I was very satisfied with the service, now and in the past
My overall experience with this law firm, particularly Fred Niemann and his staff was excellent. Their friendly and professional attitude was very welcome and …
Can a Surviving Spouse Avoid Probate in NJ When the Estate Value is Small?
The short answer is yes. In the absence of a will, if a deceased spouse owned less than $50,000 of assets to his or …
Dealing with Unexplained Deposits When Applying for Medicaid
Many Medicaid applications involve issues surrounding bank deposits. As part of the Medicaid application process, the State demands documentation of withdrawals from an applicant’s …
Over Age 62? Consider a Domestic Partnership Instead of Getting Married
In love with someone but don’t want to get married? There is an alternative to marriage in New Jersey. It’s called a Domestic Partnership. …
A Real Estate Broker Must Understand the Statute of Frauds and NJ Contract Law
The statute of frauds requires certain types of real estate agreements to be in writing or the agreement will not be recognized by law. …
Understanding the Role of a Trustee(s) in a Family Trust That Owns a Family Corporation
I read an interesting trust litigation case which was decided in the Federal District Court of New Jersey. The case involves the New Jersey …
When There is a Child with Disabilities, Special Planning Must Be Factored into the Divorce Agreement… or Else!
Careful planning and consideration must go into divorce and custody agreements to protect a special needs child and maximize access to important services and …
Can You Inherit Bitcoin?
Are you or have you already bought into the crypto craze? If you don’t own cryptocurrency yourself, odds are you’re related to someone who …
Is it a Good Idea to Add a Clause to a Power of Attorney Which Requires a Second Signature for Large Transactions?
Clients often ask whether they should specify in their Power of Attorney that a second signature is required for transactions over $10,000.00 (for example). …
Sick of New Jersey’s Obscene Taxes? Then Consider Changing Your Domicile and Move to Florida
Sick of New Jersey’s high taxes and anti-business politics in the state legislature? Then join the growing list of ex-patriots leaving for Florida and …
Beware of the Beneficiary Form (Part 4 of 4)
This is the fourth and final article about beneficiary designation and NJ probate and estate planning. For non-retirement assets with beneficiaries correctly titled, your …
What is Legal Liability of an Incapacitated Person Who Signs a Contract?
A contract with an incapacitated person is generally voidable by the incapacitated party. Voidable means it can be cancelled by a legal representative of …
Health: The Use of Discretionary Trusts to Protect Assets From Creditors and the IRS
No one wants their life savings seized by creditors, but can you leave an inheritance to a child or loved one who has spending …
Do You Want a Monthly Check From the VA?
You may be eligible for a monthly check from the VA in many cases of between $1,200 and $3,252 per month (or more for …
Beware of the Beneficiary Form (Part 3 of 4)
This is the third post of a four part series on estate planning and beneficiary designations. I continue with my discussion of a beneficiary …
A Recent Federal Court Decision Permits a Patient the Right to Appeal a Change in Their Hospital Status
A federal appeals court granted certain hospital patients the right to appeal “observation stay designations in a ruling. It means many hospital patients will …
Understanding the New Jersey Complex Business Litigation Program (CBLP) Guidelines
Overview The Complex Business Litigation Program (“CBLP”) is focused on business, commercial and construction cases with significant dollar amounts in dispute or business or …
Change in ABLE Eligibility Ages
This month, Congress enacted a new law, expanding who is eligible to open an ABLE account. ABLE accounts are a kind of tax deferred …
Beware of the Beneficiary Form (Part 2 of 4)
This is the second post on the subject of beneficiary designations and their importance in New Jersey probate and estate planning. Who Can Be …