Older persons often have their liquid assets tied up in real estate, mutual funds and annuities. They cannot gain access to these funds quickly …
What Rights Do Estate Beneficiaries Have in Dealing With an Executor?
The Will says one thing but the Executor is doing something else! Can the Executor collect a fee for ‘doing nothing’? The title “Executor” …
What Does “Undue Influence” Mean in Challenging a Will?
How can a court determine if a testator was unduly influenced? If you help someone prepare their Will, does it become invalid? Undue Influence …
Naming a Guardian in a Will
It is a good idea when drafting a last will and testament that you put language in there appointing a guardian for your minor …
Guidelines on Preparing and Presenting a Medicaid Fair Hearing at the NJ Office of Administrative Law
A Medicaid Fair Hearing is a legal challenge to a decision by a County Board of Social Services (CBOSS) concerning any issue related to …
Fighting for Discharge After Voluntary Commitment
If you or a loved one has been diagnosed with a psychiatric illness, this is a particularly difficult time. People are going into crisis …
Kinship Legal Guardianship: You Can Get Financial Aid in NJ to Care for Your Grandchildren and Sister’s Kids
New Jersey has a program that provides financial help to individuals caring for their grandchildren, nieces, nephews, or other children. It is called the …
COVID Vaccinations
Today, New Jersey announced that certain individuals under the age of 64 will be eligible for a COVID-19 vaccination soon. This news is a …
We liked the friendliness, patience, empathy and knowledge of not only Fred but his staff as well.
We met with Mr. Niemann to apply for Medicaid and seek advice on our sick Dad/Husband. We liked the friendliness, patience, empathy and knowledge …
Understanding Medicaid Eligibility for Assisted Living Admission
To understand Assisted Living Medicaid, you must understand New Jersey’s Medicaid laws. You also need to understand the Medicaid history concerning assisted living admission …
It’s been a pleasure working with Fred Niemann
We have used this firm for three different matters and have been satisfied each time. It’s been a pleasure working with Fred Niemann. – …
I would absolutely use Hanlon Niemann & Wright for my future legal needs!
Fred Niemann is knowledgeable, thorough and professional. He patiently listens and addresses all questions and concerns. The support staff I worked with, Michele, Lucille …
Your Reason for Signing a Contract Can’t Be Used Against You
“Every contract in New Jersey contains an implied covenant of good faith and fair dealing.” “The party claiming a breach of the covenant of …
If You Use a Financial Planner, Read This Post
Many financial planners are members of the Certified Financial Planner Board of Standards (CFP). The CFP Board is the professional body for financial planners. …
New Jersey Senior Property Tax Freeze and Ownership of Property
In New Jersey, seniors who own real estate are eligible for their property taxes to be reimbursed to them directly from the state Division …
How Elder Law Attorneys Are Modernizing Laws to Combat Elder Financial Exploitation
Elder exploitation, also known as financial abuse, is a widespread problem in the United States. Elder exploitation includes everything from an adult child taking …
A Zoning Board Can Deny a Business Owner the Right to Sell its Business
Under New Jersey Zoning Law, the doctrine of estoppel holds that an entity “may, by voluntary conduct, be precluded from taking a course of …
What Happens if I Get Into an Accident While Skiing the Mountains of Pennsylvania?
Many people enjoy the mountains in the winter time. Skiing, snowboarding, snow tubing. But what happens if you get injured at the ski lodge …
Consider Alternative Care Facilities for an Aging Adult Besides an Assisted Living or Nursing Home
When considering options for long term care in a facility setting, most people know about assisted living facilities and nursing homes. There are, however, …
Can a Nursing Home, Assisted Living Resident Refuse the COVID Vaccine?
Vaccines are always controversial. For many of us, we view our right to receive a vaccine – or refuse it – to be similar …
How to Gain Access to a Safe Deposit Box Upon the Death of a Person
By Fredrick P. Niemann, Esq.
Getting Use Variance Approval (a “D” Variance) is Tough. This Case Explains Why
Background and Facts of the Case In this zoning law case, the plaintiff owned a shopping center located in the Community Commercial Zoning District …
Holiday Visitation
After more than seven months of “sheltering in place” and limited “outdoor” visitation, many of our clients want to bring Mom or Dad home …
What is a “Durable Power of Attorney”, and What Authority Does It Grant?
A “Power of Attorney” is a written legal document that legally permits a person to make decisions and act for another person. We call …
Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Price/Book Value
Most commonly, Buy-Sell agreements provide for a purchase of shares based on book value. Book value is the difference in value between the assets …
Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Buy-Out Mechanisms and Their Limitations
The most useful mechanism in a shareholder agreement for dealing with shareholder oppression is a well-written Buy-Sell provision. Because shareholders in closely-held corporations have …
Trust Administration: Which State Law Governs a Trust?
As trustee, you have many duties. Duties to your beneficiaries and the trust to ensure it is being administered properly to maximize distributions to …
Allowable Funeral Expenses – What Estate Expenses Can I Pay as Executor?
When a loved one dies, is nine or ten thousand dollars to pay for a funeral enough? Planning a funeral is the last thing …
Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Required Dividends
The most straight-forward way of protecting a minority shareholder’s economic stake in a closely-held corporation is to require the payment of dividends. In most …
Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Employment Agreements
A primary claim for shareholder oppression is termination of employment. “A minority shareholder’s loss of employment within a closely held corporation can be particularly …