By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County, New Jersey Elder Law and Healthcare Directive Attorney This recent case raises issues concerning the legal obligations imposed on health care providers when a patient’s health care directive conflicts with the healthcare providers’ professional opinion(s) that the requested care is medically ineffective and may cause […]
Disputes Regarding the Validity and Interpretation of Wills and Trusts
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Will Contest and Probate Dispute Attorney Procedural Issues; Standing to Contest a Last Will or an Estate A party contesting a will must have standing to challenge the will. Generally, a contestant must be injured, or “aggrieved,” by […]
Can You Get an Injunction to Stop a Threatened Breach of a Covenant Not To Compete?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County New Jersey Covenant Not to Compete Attorney The Applicable Law and Legal Standard to Obtain an Injunction Over time, the court has crafted a four-part framework for use in determining whether the grant or denial of preliminary injunctive relief is appropriate. […]
A Gift to Minor’s Account (UGMA) Is Exempt From New Jersey Medicaid After 5 Years
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Medicaid Application Attorney I’ve commented about the case of a resident denied Medicaid because in her Medicaid application she listed a Minor’s Account as a resource. In this case, the client provided the Medicaid caseworker five (5) years of financial records and was […]
Can a Creditor Execute a Judgment Against a Life Estate in New Jersey Real Estate?
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County NJ Elder Law Attorney A client has a life estate in his home with the remainder interest (a remainder interest is an “ownership interest”) having been given to family members, specifically his children. I was asked to determine if a legal judgment would attach to his […]
New Jersey Federal Court Upholds Legal Challenge to Appeal of Medicaid Denial (Part III of III)
By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County New Jersey Appeal of Medicaid Denial Attorney In Part I and II of this series, I discussed a case law in New Jersey that addressed a challenge to the postponement of a penalty period of ineligibility by the New Jersey Department of Human Services. The […]
How to File a Medicaid Application in New Jersey
By Fredrick P. Niemann, Esq., of Hanlon Niemann & Wright, a Freehold Township, Monmouth County New Jersey Medicaid Application Attorney The process of properly completing a Medicaid application and providing all necessary information and documentation to your county Medicaid agency is extremely labor intensive. The process is deceptive, in that it often may appear to be […]
New Jersey Federal Court Upholds Legal Challenge to Appeal of Medicaid Denial (Part II of III)
By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County New Jersey Appeal of Medicaid Denial Attorney In Part I of this blog, I discussed a case law in New Jersey that addressed a challenge to the postponement of a penalty period of ineligibility by the New Jersey Department of Human Services. When does a […]
A Nursing Home Cannot Force a Resident’s Family or Friends to Guarantee the Payment of Nursing Home Costs
By Fredrick P. Niemann, Esq. a NJ Elder Care Attorney Admission to a nursing home is a traumatic event. No one wants to go to a nursing home, especially the incoming resident, family members and concerned friends. Sometimes a nursing home will try and secure an economic benefit by requesting that a friend, power of […]
Is This a Season of Joy and Gratitude or a Season of Sadness and Despair?
Message from Fredrick (Fred) Niemann A Freehold Township, Monmouth County, NJ Attorney To Our Clients, Friends and Associates, I hope everyone enjoys a very Merry Christmas and/or Happy Chanukah. To all a healthy and meaningful 2019. It is our privilege at Hanlon, Niemann & Wright to be of service to you and our thousands of […]