By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Estate and Probate Dispute Attorney Sometimes deputes occur concerning who will administer an estate. In such cases, when there is a dispute the decision rests in the court’s discretion, but several standards apply nonetheless. Where the decedent dies […]
I’m Disinheriting My Son, Daughter & Spouse If You Challenge My Will!
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Estate and Probate Dispute Attorney Can you include in your will a clause which provides for the revocation of an inheritance if your beneficiary contests the will? The answer is yes and no. Here’s Why, N.J.S.A. § 3B:3-47 […]
A Dispute Over an Executor’s Commission: What is a Permissible Commission Rate?
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold New Jersey Estate Administration Attorney I just read a new case and wanted to share it with you. The issue involved executor’s commission and whether the commission under NJ law is calculated as a percentage of the gross fair market value, or the net value, after […]
Profile of an Elder Abuse Victim, Up Close and Personal
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County NJ Elder Abuse Lawyer Robert, 88 years old, lives with his adult children in Hackensack, Bergen County, whom are in their 50’s. Robert was a child growing up just after the Great Depression, so he is afraid of banks and risky investments. His don’t understand him […]
Making Public the Difference Between Elder Abuse Stories in Nursing Homes vs. Elder Abuse and Financial Exploitation in the Community?
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Abuse and Financial Exploitation Attorney Elder abuse in New Jersey nursing homes is likely to result in criminal prosecutions or other governmental investigations. Elder abuse within a private home is often not reported and rarely results in a successful criminal prosecution. In both […]
Standby Guardianship in NJ: An Interesting Concept
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County NJ Guardianship Attorney I was reading an article about guardianship that I thought was worth summarizing for my readers. The article was about a Standby Guardian. A Standby Guardianship is an individual appointed by a parent for the benefit of his/her child in the event […]
What if Your Financial Records Are Vague and Incomplete and Your Medicaid Application is Denied?
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County NJ Appealing Medicaid Denial Lawyer Often applicants are denied NJ Medicaid or if approved, assessed with a significant penalty period because there is not a clear paper trail of asset and property transfers. This means that a family will be liable for months of a nursing […]
Must a Doctor or Hospital Comply with a Patient’s Living Will and Advance Healthcare Directive Under New Jersey Law
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. […]