Federal Gift Tax Returns: Avoiding Mistakes
Under the tax code, the general rules applicable to income tax returns apply to annual gift tax returns. That is, a 3-year statute of …
Understanding the Legal Impact of a Premarital Agreement in a Second Marriage
New Jersey law allows a spouse to waive his or her right to inherit the estate of a deceased spouse. A spouse’s premarital waiver …
What Does the Attorney-Client Privilege Mean to You?
Attorney-client privilege means that in litigation, anything you tell your attorney will be held in strict confidence and cannot be disclosed unless there is …
Can Creditors Make a Claim against Joint Account Assets in New Jersey after Death?
The decedent owned several joint bank accounts with his wife. He died intestate, meaning he died without a will or trust in place. Under New …
When Gifting Real Estate in NJ, What is the Actual Date of the Gift?
We have clients who want to gift to their ownership in New Jersey Real Estate. These clients want to complete their gift in 2022. …
Be Careful About How Often You “Roll Over” Your IRA
A long-standing rule about how many IRA-to-IRA “rollovers” a taxpayer can make in a single year has dramatically changed. Read this post to avoid …
New Jersey Expands Law Against Discrimination to Address Age Discrimination
What You Should Know New Jersey’s Law Against Discrimination (NJLAD) has been expanded to address age discrimination against employees Government and state employers no …
Understanding the Role of a Trustee(s) in a Family Trust That Owns a Family Corporation
I read an interesting trust litigation case which was decided in the Federal District Court of New Jersey. The case involves the New Jersey …
An Investment Advisor in NJ Must Provide a Written Agreement to a Client or Risk Censure, Loss of License
An investment advisor (i.e., financial planner, stock broker, banker with a securities license) in NJ is governed by New Jersey’s Uniform Securities Law of …
Hanlon Niemann & Wright made a most stressful situation comfortable and bearable
Prior to our seeing Mr. Niemann, Ms. Halpin was most helpful in answering all our questions. It made our visit most palatable. Marcia Spaeth
A Gift to Minor’s Account (UGTA) Is Exempt From New Jersey Medicaid After 5 Years
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 …
Understanding the Maze of What is and What is Not Allowed to Be Done With an SNT (Special Needs Trust)
Understanding how to benefit from and establish a Special Needs Trust (SNT) can be complicated and confusing. The rules governing their creation and administration and …
If You File a Lousy Will Contest Case, You Are Not Entitled to Counsel Fees and Costs
NJ law does not allow an automatic award of counsel fees to an unsuccessful plaintiff in a will contest. NJ law does allow an …
The staff was friendly and professional. All my questions were answered fully.
I called the office and was given an appointment within a short time. I met with Mr. Niemann. Our meeting was comfortable. Mr. Niemann …
The Settlement of a Business Dispute is a Contract and Will Be Enforced
“A settlement between parties to a lawsuit is a contract.” The terms of the contract and the interpretation of a settlement agreement is a …
Your firm was very easy and pleasant to deal with
I cannot thank my friend enough for recommending your firm. Everyone that we dealt with was excellent!! Your firm made discussing difficult topics bearable. …
People listened to us and responded to our questions
Our experience with Hanlon Niemann & Wright, P.C. was positive and successful. Our questions were patiently answered. We were able to explain our wants …
Do Not Fail to Provide Your Partner with an Accounting if Demanded
Plaintiff and defendant formed a partnership to rent property to various tenants. When plaintiff asked defendant for his share of the rental profits and …
What to Do When a Person Cannot Physically Sign a Last Will and Testament
Recently, a client wanted to sign her Last Will but because of a stroke and inability to speak; she was unable to sign it. …
How to File a Medicaid Application in New Jersey
The process of properly completing a Medicaid application and providing all necessary information and documentation to your county Medicaid agency is extremely labor …
Forged Checks Under the Uniform Fiduciaries Law (UFL) – It’s Hard to Sue the Bank
The Uniform Fiduciaries Law (UFL) is a statute adopted in NJ to protect banks and victims of fraud. When an action is brought against …
New Jersey Laws on Estate Recovery Against a Deceased Medicaid Nursing Home Resident Leaving Behind a Disabled Child
New Jersey is allowed to file a lien against the assets of a deceased Medicaid beneficiary. Generally, the only available asset is the person’s …
If You Apply for Adult Medicaid, the County Board of Social Services Must Inform You of Its Application Requirements
New Jersey’s Medicaid guidebook requires that an agency representative must provide an applicant or his/her representative with a “checklist” highlighting the verification(s) and supporting …
You’re Not Personally Liable as a Guarantor of a Lease or Debt Unless You Agree to Be Personally Liable
Personal guarantees of debts are often demanded in business agreements, commercial and residential real estate deals and bank loans. If the debtor defaults, the …
Is Your NJ Business Exempt From Mandatory Spenddown to Qualify for Medicaid?
When the State considers an applicant’s eligibility for Medicaid, it meticulously examines the applicant’s finances to ensure that all resources are valued below the …
What if Your Financial Records Are Vague and Incomplete and Your Medicaid Application is Denied?
Often applicants are denied NJ Medicaid or if approved, assessed with a significant penalty period because there is not a clear paper trail of …
If You Resign from Your LLC, Don’t Expect to Get Paid Fair Value for Your Share
This is an interesting case. Plaintiff sued defendants, alleging they wrongfully deprived him of his ownership interest in the LLC, without compensation. The trial …
I would highly recommend Hanlon, Niemann & Wright for Elder Law, Estate Planning & Assisted Living preparation
Fred Niemann, Stephen Kornas, Chris Balioni & their support team are prescient, proactive and proficient with navigating ongoing Elder Care challenges. – OM
The After Thought of Transferring Assets – A Real Life Example of Good Intentions Going Wrong
When I talk to some people about long-term care and Medicaid, I sometimes hear strong opinions that “it is wrong to transfer assets in …
Do You Have the Right Fiduciary for Your Estate?
Warning: Your Selection Does Matter When creating an estate plan, especially in your will and/or trust, an important decision you must make is the …