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 …
Knowing Your Options for Getting Out of a Business with a Member You Are Not Getting Along With
The first, and in my opinion, best option is for you to formally withdraw from the LLC. If you do not have a written …
Obtaining a Medicaid PAS for an Out of State Medicaid Applicant
Our office recently did some research on a potential new matter involving an out of state resident looking to relocate to New Jersey to …
Using a Single Premium Immediate Annuity in Medicaid Planning (SPIA)
Is a SPIA appropriate for the Medicaid planning you may need? There are requirements that an annuity has to meet for use in the …
Home Inspection Companies Can Be Sued Under the New Jersey Consumer Fraud Act
Home inspectors have not historically been recognized as “learned professionals”, as that term is defined under the law. The Consumer Fraud Act applies to …
Corporations Located Outside NJ Can Still Be Sued in New Jersey, Sometimes
In order to exercise jurisdiction over an out-of-state corporation, “a defendant’s “conduct” must create a substantial connection with New Jersey. When analyzing a defendant’s …
There is no one better than Hanlon Niemann & Wright to buy or sell a home!
We recently sold our home and were in need of a lawyer to handle the sale. We reached out to Bonnie Wright, of Hanlon …
Is an Income Producing Property Exempt from Spenddown Under NJ Medicaid?
I was recently asked to evaluate whether income producing real estate is exempt from spend-down under NJ Medicaid. Federal law sets forth a mechanism …
Courteous, service and knowledgeable of our needs
Knowledgeable and courteous associates, prompt attention to our needs, knowledge and professionalism and personal attention by attorney. Madelene & Ronald Hatt
Suspect Infringement of Your Business Trade Name? Take Action Now!
If you have gone through the effort of undertaking a United States Patent Trade Office (USPTO) filing, confirmed your company holds the registration to …
The Importance of Discovery in a Fair Hearing Appeal Under NJ Medicaid Law
We represent a petitioner before the Office of Administrative Law. She was denied Medicaid. After filing our appeal, we served discovery demands upon the …
After the Wedding Bells Have Rung Again, Update your Estate Plan
It is surprising how often we hear of situations in which a person passed away unexpectedly or had a catastrophic accident or stoke, and …
Is There Any Time Limit(s) for a Beneficiary to File Legal Action Against the Executor of an Estate?
There is no statute of limitations on a claim against a fiduciary by an estate beneficiary. If no release and refunding bond is filed …
If You Qualify for SSI, You Also Qualify for NJ FamilyCare
Once you qualify for Supplemental Security Income (SSI), you are then eligible for NJ FamilyCare Medicaid. However, there are some rules to keep in …
New Jersey’s Business Courts: Litigation Program
The New Jersey Supreme Court implemented a statewide Complex Business Litigation Program, the purpose of which was to address the specific needs of parties …
Veteran’s Pension Planning for Long Term Care Costs Under the New Department of Veterans Affairs Regulations
The Department of Veteran’s Affairs (VA) adopted regulations concerning eligibility for Veteran’s Benefits to help pay for long term care costs. There are many …
Understanding Ancillary Probate in New Jersey and How it Works
Here’s a Helpful Article on How to Legally Transfer Real Estate Located in New Jersey Which is Owned by a Non-Resident Decedent’s Estate Ancillary …
Can I Control What Happens to My Corpse After My Passing?
While working on health care directives, I have had clients ask me about leaving special instructions for their loved ones on what they can …
Special Needs Trust, IRAs, and Child Support; How They Can All Work Together
IRA and a Special Needs Trust An individual retirement account or Inherited IRA can be owned by a person with a disability and also …
Another Dead Body Goes to Court
As I have previously written, NJ law allows individuals to make their own funeral and/or burial arrangements in a will, or designate a personal …
Who Has Standing to File a Guardianship Action?
The general rule (actually, it’s the law) is that a person who seeks to become a guardian for someone must have legal standing, meaning …
The Enforcement of Restrictive Covenants in Commercial Leases
Restrictive covenants prohibiting competition by tenants in a shopping center can be enforced in New Jersey. This article discusses when and when not a …
Child Support Can Be Placed in a Special Needs Trust to Preserve Government Benefits
Child support can be directed to a first party special needs trust, if one exists. Child support cannot go into a third party special …
You Can’t Wait 8 Years After a Person’s Death and Then Decide to Sue an Estate Executor
Families often fall apart when a parent dies and the kids start dividing up the estate. Sometimes even after the estate is concluded, one …
I Quit! I Refuse to Continue to Be Your Power of Attorney
You’ve heard of buyer’s remorse. What seemed like no big deal becomes more than expected and so the Power of Attorney gives up and …
If You Are Disinherited by Your Dead Parent’s Second Spouse, What Legal Action Can You Take?
Biological children are often disinherited by their deceased parent’s second spouse. The second spouse changes his/her Will and they leave it to their children/family …
A Spouse Can Waive Inheritance Rights to Their Spouse’s Estate and It’s Enforceable Against NJ Medicaid
New Jersey law entitles a surviving spouse to receive an elective share of one-third of his/her deceased spouse’s estate. N.J.S.A. 313:8-1-11. A “surviving spouse …
After You Kick Out Your Tenant, Be Careful Before You Kick Out Their Junk
Recently, a trial judge determined that an evicted tenant was obligated to pay to plaintiff, the landlord, $2,509.79 for the costs incurred to remove …
You Don’t Lose Your Status as a Partner if You Assign Your Partnership Interest to Your Revocable Trust
Four dentists formed a partnership to acquire and maintain a dental office building. The then-partners amended their agreement to allow one of the partners …
Suicide Is No Defense to the Enforcement of a Marital Property Settlement Agreement
The NJ Supreme Court recently considered a case of whether a decedent breached his Marital Settlement Agreement (MSA) with his spouse by committing suicide …