When You Sign a Business Contract You Absolutely Must Negotiate Litigation Provisions Outside of New Jersey

HNW Business Law, Corporations

By Fredrick P. Niemann of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Business Corporation and Contract Law Attorney I have written extensively about the importance of selecting New Jersey as the jurisdiction to decide cases and controversies involving your contracts and relationships with customers/vendors.   Many contracts with (particularly) interstate and international companies generally designate a particular state as the place where all lawsuits and legal disputes must be filed and the law of that state applied. Much like mandatory arbitration clauses, State and Federal Courts are increasingly enforcing these mandatory jurisdiction and venue provisions as one way to reduce their case load.  A recent case decided in California involved a New Jersey church and school where …

NJ Allows Terminally Ill to Get Life-Ending Meds

HNW Elder Care, Hospice

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Monmouth County, Freehold, NJ Elder Care Attorney Gov. Phil Murphy on Friday signed legislation making New Jersey the seventh state to enact a law permitting terminally ill patients to end their lives. Murphy, a Democrat, signed the Medical Aid in Dying for the Terminally Ill Act in private. His office would not answer why the signing was not public. The law goes into effect in August. He earlier indicated he would support the bill, but in a personal statement, Murphy — a lifelong Catholic — revealed that he wrestled with whether to sign the legislation. The state’s Catholic Conference testified against the measure. “I have concluded that, while my …

I appreciate the firm’s understanding approach

HNW Testimonials

I appreciate the firm’s understanding approach to my particular elder care issues.  They add value by referring clients to other professionals (ex, financial advisors) who can help.  Hanlon Niemann & Wright has expertise you can rely on with regard to the ever changing tax, legal and legislative aspects of elder care. Testimonial by Susan Rees  

“A Standup Guy”

HNW Testimonials

I had a conference call with Mr. Niemann about my son’s existing special needs trust.  Speaking with him relieved the pressure I felt under to get through this without upsetting my sons’ present benefits.  He’s a plain speaking attorney and I felt comfortable during the entire conversation.  His knowledge in this area of law is excellent.   I’ve never seen an attorney put this much information on a web site for your edification.  That spoke volumes to me of his confidence, knowledge and integrity.  Where I come from we call someone like him “A Standup Guy”. Testimonial by Edward Meschi, Monroeville, NJ

If the County Medicaid Office Fails to Give You Clear Response Why They Denied Your Medicaid Application, You Can Appeal… And Win

HNW Elder Law, Medicaid

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Medicaid Application and Eligibility Attorney As I’ve often written in my blogs New Jersey’s unofficial Medicaid philosophy is delay, frustrate and deny. Most denial are vague, unclear and wrong but few people know what to do. A recent case outside New Jersey slammed the State and overruled their denial because the stated reasons for the denial were unconstitutional. Let’s take a look at this case. Background of the Case The state medical agency mailed the plaintiffs notice of its determination that the plaintiff had countable assets exceeding the federal and state mandated limits for Medicaid eligibility. This denial notice was representative of the …

Does a Guardian of an Estate Have the Power to Execute a Beneficiary Designation Form?

HNW Elder Law, Guardianship, Probate

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Guardianship Attorney I was recently asked a question about the title of this blog wherein the Judgment of Incapacity and Appointment of Guardian did not have a specific provision authorizing the Guardian of the Estate of an incapacitated person to complete a beneficiary designation form for the person’s inherited IRA. In this case, the person had no estate plan and he inherited a substantial account from his predeceased spouse but now he was incapacitated. The judgment approving the guardianship did not specify an estate planning power for non-probate assets. In my research, I cannot find any broad power which permits a guardian to designate …

Here Are the Federal Laws on Elder Abuse and Financial Exploitation

HNW Elder Abuse, Elder Law

By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Abuse Attorney The Older Americans Act of 1965 (42 U.S.C. § 3001 et seq., as amended) (the “OAA”) expresses the nation’s commitment to protecting vulnerable older Americans.   In 1992, Congress created and funded the Vulnerable Elder Rights Protection Act which includes provisions for a long-term care ombudsman programs and state legal assistance development. In 2000, provisions were added to the Federal law encouraging states like New Jersey to foster greater coordination of elder abuse laws with law enforcement and the courts. In the 2006 the Older Americans Act, added new language emphasizing collaborative approaches to addressing elder mistreatment when developing programs and long term strategic plans for elder …

How to Use a Reverse Mortgage for Elder Care Medical and Home Expenses

HNW Elder Care, Elder Law

By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Care Attorney Reverse mortgages have been an on again, off again way for individuals to stay at home for as long as possible. In 2006 with the enactment of the Deficit Reduction Act of 2005 (DRA), the Federal Government gave permission to all states to create Long-Term Care Insurance Partnership programs.   Each state’s Long-Term Care Partnership Program is designed to encourage residents to engage in Medicaid Asset Protection by purchasing Qualified Long-Term Care Insurance.  Each state’s Partnership Program allows individuals to protect assets that otherwise might have to be paid to a nursing home prior to obtaining eligibility for Medicaid benefits.  A Partnership-qualified policy enables policyholders to protect …

The Ins and Outs of a Lawsuit Because of the Wrongful Death of a Person

HNW Elder Law, Estate Administration

By Fredrick P. Niemann, Esq. of Hanlon, Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Estate Administration Attorney When a person dies because of someone else’s intentional or negligent conduct, a lawsuit often follows: This type of legal claim is called a “Wrongful Death Action” N.J.S.A. § 2A:31-l sets forth when an action for wrongful death exists.  Specifically, a cause of action for wrongful death exists when a person’s death is caused by a wrongful act, neglect, or default, such that the· person injured would have been entitled to maintain an action for damages resulting from the injury if death had not ensued. The estate representative has a two-year statute of limitations for a wrongful death action following …

Elderly and Disabled Planning – What Are the Tax Implications?

HNW Elder Care, Elder Law

By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Care Attorney Planning for individuals who need elder care is generally not particularly tax driven.  However, there are some special tax benefits (and liabilities) that should not be overlooked.  While income and self employment taxes are not dependent upon age, persons over 65 and those who are blind are entitled to an increase in their standard deduction in filing their income tax returns.  Widows and widowers may use joint income tax returns for two years following the death of the spouse. Taxpayers who are supporting dependent family members may be entitled to additional dependency exemptions on their income tax returns.  These include parents and grandparents, among others.  There …