If Your Business Charter is Revoked in New Jersey, You Can’t Bring Legal Action

HNW Business and Corporate Legal Services, Business Law

The judge concluded correctly that E&V’s failure to reinstate its revoked corporate charter precluded E&V from filing this action. Background E&V, a construction contractor filed a complaint against Deeper Life Bible Church (Bible Church), and several individual defendants. E&V alleged it contracted with Bible Church to build a Church building, that it performed the work, but Bible Church failed to pay the balance due. E&V sought final payment from Bible Church and the individual defendants. Several years ago, E&V lost its corporate charter in NJ for failing to file tax returns and quarterly withholding reports. Now being formally unauthorized to do business in NJ with a revoked certificate of incorporation, E&V improperly entered into the construction contract to build the …

New Jersey Tax Laws Strike Again:  New Jersey Just Added Another Tax – This Time It’s a Tax on Short-Term Rentals

HNW Real Estate, Landlord/Tenant, and Zoning

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County NJ Real Estate Law Firm If you engage in any “transient rentals” (defined as rentals of 90 days or less), you must collect sales and occupancy taxes as of October 1, 2018.  There are, however, some exclusions. If you rent your property through a licensed realtor, sales and occupancy taxes do not apply. For this exception from sales/occupancy taxes to apply, the renter must pick up the keys from the realtor, and no in-stay maid services can be provided. If you rent your property on an online marketplace which charges the renter directly (such as AirBnb), then the marketplace itself must collect the sales and …

When You Sign a Business Contract You Absolutely Must Negotiate Litigation Provisions Outside of New Jersey

HNW Business and Corporate Legal Services, Business Law

By Fredrick P. Niemann of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Business Corporation and Contract Law Attorney I have written extensively about the importance of selecting New Jersey as the jurisdiction to decide cases and controversies involving your contracts and relationships with customers/vendors.   Many contracts with (particularly) interstate and international companies generally designate a particular state as the place where all lawsuits and legal disputes must be filed and the law of that state applied. Much like mandatory arbitration clauses, State and Federal Courts are increasingly enforcing these mandatory jurisdiction and venue provisions as one way to reduce their case load.  A recent case decided in California involved a New Jersey church and school where …

NJ Allows Terminally Ill to Get Life-Ending Meds

HNW Elder Care Law, Hospice Care Planning

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Monmouth County, Freehold, NJ Elder Care Attorney Gov. Phil Murphy on Friday signed legislation making New Jersey the seventh state to enact a law permitting terminally ill patients to end their lives. Murphy, a Democrat, signed the Medical Aid in Dying for the Terminally Ill Act in private. His office would not answer why the signing was not public. The law goes into effect in August. He earlier indicated he would support the bill, but in a personal statement, Murphy — a lifelong Catholic — revealed that he wrestled with whether to sign the legislation. The state’s Catholic Conference testified against the measure. “I have concluded that, while my …

I appreciate the firm’s understanding approach

HNW Testimonials

I appreciate the firm’s understanding approach to my particular elder care issues.  They add value by referring clients to other professionals (ex, financial advisors) who can help.  Hanlon Niemann & Wright has expertise you can rely on with regard to the ever changing tax, legal and legislative aspects of elder care. Testimonial by Susan Rees  

“A Standup Guy”

HNW Testimonials

I had a conference call with Mr. Niemann about my son’s existing special needs trust.  Speaking with him relieved the pressure I felt under to get through this without upsetting my sons’ present benefits.  He’s a plain speaking attorney and I felt comfortable during the entire conversation.  His knowledge in this area of law is excellent.   I’ve never seen an attorney put this much information on a web site for your edification.  That spoke volumes to me of his confidence, knowledge and integrity.  Where I come from we call someone like him “A Standup Guy”. Testimonial by Edward Meschi, Monroeville, NJ

If the County Medicaid Office Fails to Give You Clear Response Why They Denied Your Medicaid Application, You Can Appeal… And Win

HNW Appealing the Denial of Medicaid, Elder Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Medicaid Application and Eligibility Attorney As I’ve often written in my blogs New Jersey’s unofficial Medicaid philosophy is delay, frustrate and deny. Most denial are vague, unclear and wrong but few people know what to do. A recent case outside New Jersey slammed the State and overruled their denial because the stated reasons for the denial were unconstitutional. Let’s take a look at this case. Background of the Case The state medical agency mailed the plaintiffs notice of its determination that the plaintiff had countable assets exceeding the federal and state mandated limits for Medicaid eligibility. This denial notice was representative of the …

Does a Guardian of an Estate Have the Power to Execute a Beneficiary Designation Form?

HNW Elder Law, Guardianship Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Guardianship Attorney I was recently asked a question about the title of this blog wherein the Judgment of Incapacity and Appointment of Guardian did not have a specific provision authorizing the Guardian of the Estate of an incapacitated person to complete a beneficiary designation form for the person’s inherited IRA. In this case, the person had no estate plan and he inherited a substantial account from his predeceased spouse but now he was incapacitated. The judgment approving the guardianship did not specify an estate planning power for non-probate assets. In my research, I cannot find any broad power which permits a guardian to designate …

Here Are the Federal Laws on Elder Abuse and Financial Exploitation

HNW Elder Abuse and Financial Exploitation, Elder Law

By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Abuse Attorney The Older Americans Act of 1965 (42 U.S.C. § 3001 et seq., as amended) (the “OAA”) expresses the nation’s commitment to protecting vulnerable older Americans.   In 1992, Congress created and funded the Vulnerable Elder Rights Protection Act which includes provisions for a long-term care ombudsman programs and state legal assistance development. In 2000, provisions were added to the Federal law encouraging states like New Jersey to foster greater coordination of elder abuse laws with law enforcement and the courts. In the 2006 the Older Americans Act, added new language emphasizing collaborative approaches to addressing elder mistreatment when developing programs and long term strategic plans for elder …

How to Use a Reverse Mortgage for Elder Care Medical and Home Expenses

HNW Elder Care Law, Elder Law

By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Care Attorney Reverse mortgages have been an on again, off again way for individuals to stay at home for as long as possible. In 2006 with the enactment of the Deficit Reduction Act of 2005 (DRA), the Federal Government gave permission to all states to create Long-Term Care Insurance Partnership programs.   Each state’s Long-Term Care Partnership Program is designed to encourage residents to engage in Medicaid Asset Protection by purchasing Qualified Long-Term Care Insurance.  Each state’s Partnership Program allows individuals to protect assets that otherwise might have to be paid to a nursing home prior to obtaining eligibility for Medicaid benefits.  A Partnership-qualified policy enables policyholders to protect …