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Terminating a Tenured Versus Non-Tenured Employee Working at a Public or Charter School

HNW March 2, 2022 Business Law, Employment Law

Tenure for teachers in our public education system has always been a controversial topic except for teachers who generally support the concept.  Tenure prevents …

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Employment Law

How to Successfully Refute the Legal Presumption that the Survivor of a Joint Account is the Legal Owner Upon Death – Part 2

HNW February 28, 2022 Estate Administration and Probate

In our last blog, I discussed how multiple account holders are presumed to be joint account holders with right of survivorship, so if one …

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Estate Administration and Probate

How to Successfully Refute the Legal Presumption that the Survivor of a Joint Account is the Legal Owner Upon Death – Part 1

HNW February 21, 2022 Estate Administration and Probate

According to N.J.S.A. §17:16I-5 (a), when there are multiple owners of a bank account, the law presumes the account to be jointly owned amongst …

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Estate Administration and Probate

Oppressed Minority Shareholders in Closely-Held Corporation Have Rights Under NJ

HNW February 18, 2022 Business and Corporate Legal Services, Business Law, Shareholder Rights Litigation

I’ve written a lot about closely held companies and the rights of minority shareholders.  Closely held corporations are generally businesses that have a small …

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Shareholder Rights Litigation

National Guard and Eligibility for a NJ Veteran’s Home

HNW February 18, 2022 Veterans Benefits to Pay for Long Term Care

Veterans are defined under N.J.A.C. § 5A:5-1.2 (the regulation governing veteran’s homes). The definition reads that a veteran is “a person who has been …

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Veterans Benefits to Pay for Long Term Care

How an Employee Handbook Can Protect an Employer from Liability

HNW February 15, 2022 Business Law, Employment Law

Employers and employees often look upon the Employer-Employee Handbook as an employment agreement.  Given that NJ employment laws generally presume at-will employment relationships, many …

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Employment Law

Supreme Court Aids Older Workers Alleging Discrimination

HNW February 15, 2022 Business and Corporate Legal Services, Business Law, Elder Law, Employment Law

Justices place the burden of proof on employers In 2008, I wrote the Supreme Court had further enhanced the ability of older workers to …

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Employment Law

What Authority Does a Local Zoning Board Have Over New School Construction or Renovations?

HNW February 14, 2022 Real Estate, Landlord/Tenant, and Zoning

When it comes to school construction, zoning boards are limited in their jurisdiction to grant approvals or rejection.  New Jersey’s zoning law recognizes the …

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Zoning

Understanding the Budgetary Powers of Condominium Associations

HNW February 9, 2022 Real Estate, Landlord/Tenant, and Zoning

Condominium associations derive their power and responsibilities from the Condominium Act, N.J.S.A. §46:8B-14 and 15.  Courts treat condominium associations like they do corporations, holding …

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Real Estate

Pay All Bills Before the Death of a Special Needs Trust Beneficiary

HNW February 4, 2022 Estate Administration and Probate, Special Needs Trusts for Minor Children and Adults

Sadly, the beneficiary of a Special Needs Trust will be dying soon will necessitate winding up the trust.  Payments will be owed to creditors …

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Estate Administration and ProbateSpecial Needs Trusts for Minor Children and Adults

You Can Raise Your ABLE Account Contribution an Additional $1,000 Starting January 1 2022

HNW February 1, 2022 Special Needs Trusts for Minor Children and Adults

Effective January 1, 2022, the Federal Government has increased the total limit on the annual contributions people with disabilities (or their families) can make …

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Special Needs Trusts for Minor Children and Adults

Piercing the Corporate Veil and Holding Corporate Officers Personally Liable

HNW January 31, 2022 Business and Corporate Legal Services

In NJ, Courts will disregard protection for officers, shareholders and directors and hold these individuals legally and personally liable for damages if they use …

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Business and Corporate Legal Services

You Can’t Sue Me in NJ for Breach of Contract if I Have No Contacts in NJ

HNW January 25, 2022 Contract Law

To Sue in NJ, the Other Side Must Have Contact with NJ. To enable NJ court to exercise specific jurisdiction over a non-resident defendant, …

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Contract Law

Is Raiding a Competitor’s Employee(s) Actionable in NJ

HNW January 23, 2022 Business Law, Employment Law

Can you recruit that co-worker or former co-worker or key employee of a competitor in New Jersey without the risk of being sued?  The …

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Employment Law

Understanding the Medicaid 5 Year Look-Back Period

HNW January 19, 2022 Applying for Medicaid Long Term Care Benefits

An applicant’s Medicaid application was denied because of bank deposits made 58 months prior to filing. I recently read a post where a Medicaid …

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Applying for Medicaid Long Term Care Benefits

Understanding Eligibility for an Assisted Living Residence Under NJ Medicaid – Part of 2

HNW January 14, 2022 Medicaid Eligibility and Asset Protection Planning

Each applicant for Assisted Living Medicaid has two components, one part is clinical eligibility, the second part is financial eligibility. One way to become …

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Medicaid Eligibility and Asset Protection Planning

Understanding Eligibility for an Assisted Living Residence Under NJ Medicaid – Part 1 of 2

HNW January 11, 2022 Medicaid Eligibility and Asset Protection Planning

To understand Assisted Living Medicaid, you have to understand New Jersey Medicaid first. The history is important. New Jersey provides Medicaid long term care …

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Medicaid Eligibility and Asset Protection Planning

Are Evictions from Assisted Living Facilities and Nursing Homes Now Permitted in NJ?

HNW January 7, 2022 Applying for Medicaid Long Term Care Benefits, Discharge from a NJ Nursing Home Defense

New Jersey’s Governor signed a new law on evictions during the COVID-19 emergency.  For many of our clients whose family members live in long …

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Applying for Medicaid Long Term Care BenefitsDischarge from a NJ Nursing Home Defense

Landlords Beware About Criminal Screening of Prospective Tenants

HNW January 6, 2022 Real Estate, Landlord/Tenant, and Zoning

The Division of Civil Rights promulgated their final regulations today concerning the implementation of this new Criminal Background Check (“CBC”) screening law. I have …

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Landlord Tenant Laws

Using a Single Premium Immediate Annuity in Medicaid Planning (SPIA)

HNW January 3, 2022 Applying for Medicaid Long Term Care Benefits

In order to be eligible for Medicaid long-term care, there are eligibility requirements that must be met. This includes financial (income and assets) eligibility. …

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Applying for Medicaid Long Term Care Benefits

Annual Gifting Limits Raised to Reduce Potential Estate Death in 2022

HNW December 30, 2021 Estate Planning

The amount you can gift without filing a tax return is increasing to $16,000 in 2022. The federal estate tax exclusion is increasing to …

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Understanding Penalties Under NJ Medicaid Law

HNW December 30, 2021 Applying for Medicaid Long Term Care Benefits

If you make a gift within 5 years of applying for Medicaid, you will be penalized. A penalty is a mathematical calculation.  The amount …

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Applying for Medicaid Long Term Care Benefits

What Makes a Will Valid and Legitimate?

HNW December 29, 2021 Estate Administration and Probate

In New Jersey, what are the legal requirements for making a Will? What happens if a Will does not meet every requirement? What is …

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Estate Administration and Probate

Extremely patient with all of our questions and not rushed

HNW December 28, 2021 Testimonials

It is with much enthusiasm that we are highly recommending Hanlon Niemann & Wright, Attorneys at Law.  Sometimes going to a lawyer no matter …

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Testimonials - Estate PlanningTestimonials - Last Will and TestamentTestimonials - Power of Attorney

Why Do Some Shareholders Feel the Need to Oppress Their Minority Stakeholders?

HNW December 27, 2021 Shareholder Rights Litigation

Controlling shareholders are in a position to abuse their power over minority shareholders by reducing or eliminating one or more economic benefits of ownership …

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Shareholder Rights Litigation

Staff is very friendly

HNW December 23, 2021 Testimonials

I retained Hanlon Niemann & Wright and Fredrick Niemann to prepare a power of attorney for my family.  I was very pleased with the …

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Testimonials - Power of Attorney

Shareholder Oppression:  It’s Always a Risk

HNW December 19, 2021 Shareholder Rights Litigation

A wielding of power by any person or group who controls a corporation may serve to destroy a stockholder’s vital interests and expectations. As …

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Shareholder Rights Litigation

I have recommended many clients to your office

HNW December 15, 2021 Testimonials

I have recommended many clients to your office.  They always tell me how happy they are with your help for the legal matters you …

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Testimonials - Last Will and Testament

I would absolutely and highly recommend Hanlon Niemann & Wright for my future legal needs!

HNW December 14, 2021 Testimonials

My wife, Joann and I met with Fred Niemann to discuss our Estate planning.  Fred and his supportive staff, Michele, Lucille and Valarie were …

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Testimonials - Estate PlanningTestimonials - Last Will and Testament

If you want the job done right, then call the team of Hanlon Niemann & Wright!

HNW December 10, 2021 Testimonials

Thank you for the courtesy, understanding and complete care of our needs and the complete professionalism of the staff. – Dorothy and Dennis Sullivan

Testimonials - Estate PlanningTestimonials - Last Will and Testament
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Hanlon Niemann & Wright Law Firm

3499 Route 9 North, Suite 1F
Freehold, NJ 07728
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  • Home
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    • About Hanlon Niemann & Wright Law Firm and Our Attorneys
    • About Our Attorneys
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    • Elder Law, Disability and Guardianship Rights
    • Medicaid Eligibility and Protecting Assets from a Nursing Home
    • Estate Planning, Wills & Trusts
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