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HNW Law Articles

Welcome to the HNW Law Blog. Here you will find helpful articles.
If you have any question please call Toll Free: 855-376-5291

Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Establishing Classes of Shares to Protecting Minority Shareholders

HNW November 16, 2020 Shareholder Rights Litigation

A tool for maintaining a minority shareholder’s ability to have some control over the corporation is to issue different classes or series of shares …

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Shareholder Rights Litigation

A Beneficiary’s Right to Demand an Accounting is Not Absolute – Part 1

HNW November 16, 2020 Estate Administration and Probate

Does a trust/estate beneficiary have a right to financial info? Why would a court refuse to enforce that right? The beneficiaries of an estate …

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Estate Administration and Probate

Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Voting Agreements

HNW November 13, 2020 Shareholder Rights Litigation

Shareholders may bind themselves in a shareholder agreement to vote in a specified manner regarding specific matters. Examples might include places on the board …

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Shareholder Rights Litigation

Do You Know That You Can Demand Discovery from the County and State if You Appeal a Denial of Medicaid Eligibility?

HNW November 12, 2020 Appealing the Denial of Medicaid

Legal Argument Required to Demand Discovery A motion for discovery in a fair hearing appeal is properly made under N.J.A.C. 1:1-12.1-12.7. A motion for …

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Appealing the Denial of Medicaid

Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Cumulative Voting

HNW November 12, 2020 Shareholder Rights Litigation

Cumulative voting is a mechanism for granting minority shareholders rights of participation to corporate decisions. However, this protection is quite limited and may, at …

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Shareholder Rights Litigation

Can a Member of the New Jersey National Guard Be Eligible for a NJ Veterans Home?

HNW November 11, 2020 Veterans Benefits to Pay for Long Term Care

Veterans eligible for a NJ veterans home are defined under N.J.A.C. § 5A:5-1.2 (the regulation governing veterans’ homes) as “A person who has been …

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Veterans Benefits to Pay for Long Term Care

How is an Executor’s Commission Calculated in New Jersey?

HNW November 9, 2020 Elder Law, Estate Administration and Probate

Is there a formula that establishes what an Executor can earn? Does an Executor get paid extra for extra work? In New Jersey, the …

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Estate Administration and Probate

Shareholder Agreements Protect Minority Shareholders From Oppressive Conduct – Guaranteed Directorships to a Minority Member

HNW November 9, 2020 Shareholder Rights Litigation

Minority shareholders usually do not have the voting power to guaranty a spot on the board of directors. A shareholder who is not a …

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Shareholder Rights Litigation

Just Because You’re a Disabled Veteran, You Don’t Get to Evade Municipal Zoning Laws

HNW November 6, 2020 Real Estate, Landlord/Tenant, and Zoning

A recent case involved a plaintiff who resides in a single-family home in the Borough of Totowa.  He is a retired police officer and …

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Zoning

Refusal of Vaccinations While Living at Long-Term Care Facility

HNW November 5, 2020 Applying for Medicaid Long Term Care Benefits, Elder Care Law

We received an inquiry from someone whose mother resides at an assisted living facility.  The facility told residents it will be giving out flu …

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Applying for Medicaid Long Term Care BenefitsElder Care Law

Shareholder Agreements Can Address Specific Oppressive Conduct and Their Limitations

HNW November 5, 2020 Shareholder Rights Litigation

Minority shareholders in a closely-held corporation may (should) try to protect themselves against the actions of the majority by including protective provisions in their …

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Shareholder Rights Litigation

Once You Agree to Settle a Lawsuit, New Jersey Law Will Not Let You Back Out of the Settlement

HNW November 2, 2020 Business Law, Real Estate, Landlord/Tenant, and Zoning

In many (most cases/lawsuits) the parties settle their dispute. There is strong public policy favoring settlement of litigation. Once a case is settled, New …

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Business Litigation

Recent NJ Cases Involving Shareholder Agreements Offer Much Guidance to Counsel and Clients – Part 2 of 2

HNW November 2, 2020 Shareholder Rights Litigation

Facts of the Case This case involved a closely-held corporation with four equal shareholders, in which three of the shareholders ceased paying salary to …

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Shareholder Rights Litigation

Family Members Are Entitled to an Accounting and an Estate Inventory from a Former Power of Attorney

HNW October 30, 2020 Power of Attorney

A court may compel someone who served as a Power of Attorney on behalf of another to account for monies expended during the time …

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Estate Administration and Probate

Recent NJ Cases Involving Shareholder Agreements Offer Much Guidance to Counsel and Clients – Part 1 of 2

HNW October 30, 2020 Shareholder Rights Litigation

Case 1 I’ve written often about the importance of having legal disputes resolved by the courts in NJ. Our law states that “Subject to …

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Shareholder Rights Litigation

Is There Such a Thing as an Equitable Adoption So You Can Legally Inherit an Estate?

HNW October 26, 2020 Estate Administration and Probate

New Jersey has strict laws on adoption A stepchild is not legally the child of a deceased step-parent. An estranged biological child of a …

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Adoption LawyerEstate Administration and Probate

Knowing Your Options for Getting Out of a Business with a Member You Are Not Getting Along With

HNW October 23, 2020 Business and Corporate Legal Services

The first, and in my opinion, best option is for you to formally withdraw from the LLC.  If you do not have a written …

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Business and Corporate Legal ServicesLimited Liability Companies (LLC’s)

Obtaining a Medicaid PAS for an Out of State Medicaid Applicant

HNW October 20, 2020 Applying for Medicaid Long Term Care Benefits

Our office recently did some research on a potential new matter involving an out of state resident looking to relocate to New Jersey to …

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Applying for Medicaid Long Term Care Benefits

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

HNW October 15, 2020 Applying for Medicaid Long Term Care Benefits

Is a SPIA appropriate for the Medicaid planning you may need?   There are requirements that an annuity has to meet for use in the …

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Applying for Medicaid Long Term Care Benefits

Home Inspection Companies Can Be Sued Under the New Jersey Consumer Fraud Act

HNW October 12, 2020 Real Estate, Landlord/Tenant, and Zoning

Home inspectors have not historically been recognized as “learned professionals”, as that term is defined under the law. The Consumer Fraud Act applies to …

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Real Estate

Corporations Located Outside NJ Can Still Be Sued in New Jersey, Sometimes

HNW October 8, 2020 Business and Corporate Legal Services

In order to exercise jurisdiction over an out-of-state corporation, “a defendant’s “conduct” must create a substantial connection with New Jersey. When analyzing a defendant’s …

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Business and Corporate Legal Services

There is no one better than Hanlon Niemann & Wright to buy or sell a home!

HNW October 5, 2020 Testimonials

We recently sold our home and were in need of a lawyer to handle the sale. We reached out to Bonnie Wright, of Hanlon …

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Testimonials - Real Estate

Is an Income Producing Property Exempt from Spenddown Under NJ Medicaid?

HNW October 5, 2020 Medicaid Eligibility and Asset Protection Planning

I was recently asked to evaluate whether income producing real estate is exempt from spend-down under NJ Medicaid. Federal law sets forth a mechanism …

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Medicaid Eligibility and Asset Protection Planning

Courteous, service and knowledgeable of our needs

HNW October 1, 2020 Additional Practice Areas

Knowledgeable and courteous associates, prompt attention to our needs, knowledge and professionalism and personal attention by attorney. Madelene & Ronald Hatt  

Testimonials - Elder Law

Suspect Infringement of Your Business Trade Name?  Take Action Now!

HNW October 1, 2020 Business and Corporate Legal Services

If you have gone through the effort of undertaking a United States Patent Trade Office (USPTO) filing, confirmed your company holds the registration to …

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Business and Corporate Legal ServicesCommercial Leases

The Importance of Discovery in a Fair Hearing Appeal Under NJ Medicaid Law

HNW September 28, 2020 Appealing the Denial of Medicaid

We represent a petitioner before the Office of Administrative Law.  She was denied Medicaid.  After filing our appeal, we served discovery demands upon the …

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Appealing the Denial of Medicaid

After the Wedding Bells Have Rung Again, Update your Estate Plan

HNW September 24, 2020 Elder Care Law

It is surprising how often we hear of situations in which a person passed away unexpectedly or had a catastrophic accident or stoke, and …

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Elder Care Law

Is There Any Time Limit(s) for a Beneficiary to File Legal Action Against the Executor of an Estate?

HNW September 21, 2020 Estate Administration and Probate

There is no statute of limitations on a claim against a fiduciary by an estate beneficiary. If no release and refunding bond is filed …

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Estate Administration and Probate

If You Qualify for SSI, You Also Qualify for NJ FamilyCare

HNW September 18, 2020 Applying for Medicaid Long Term Care Benefits, Special Needs Trusts for Minor Children and Adults

Once you qualify for Supplemental Security Income (SSI), you are then eligible for NJ FamilyCare Medicaid. However, there are some rules to keep in …

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Applying for Medicaid Long Term Care BenefitsSpecial Needs Trusts for Minor Children and Adults

New Jersey’s Business Courts: Litigation Program

HNW September 17, 2020 Business and Corporate Legal Services, Business Law

The New Jersey Supreme Court implemented a statewide Complex Business Litigation Program, the purpose of which was to address the specific needs of parties …

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Business and Corporate Legal Services
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