To Be Appointed Guardian You Must Be Related by Blood or Marriage or Be the Power of Attorney Before Incapacity Strikes
Absent proof of parentage by blood or adoption, NJ law does not permit a party to become the legal guardian of another. In a …
Do I Have to Confirm That a Former Employee Worked for Me?
Recently, one of our corporate clients received a question about one of their former employees and whether this person had worked for our client. …
Can a Contingent Beneficiary Demand an Accounting?
Can any trust beneficiary can compel a trustee to account? Does the type of contingency make a difference? While trust beneficiaries generally can seek …
Terminating a Tenured Versus Non-Tenured Employee Working at a Public or Charter School
Tenure for teachers in our public education system has always been a controversial topic except for teachers who generally support the concept. Tenure prevents …
How to Successfully Refute the Legal Presumption that the Survivor of a Joint Account is the Legal Owner Upon Death – Part 2
In our last blog, I discussed how multiple account holders are presumed to be joint account holders with right of survivorship, so if one …
How to Successfully Refute the Legal Presumption that the Survivor of a Joint Account is the Legal Owner Upon Death – Part 1
According to N.J.S.A. §17:16I-5 (a), when there are multiple owners of a bank account, the law presumes the account to be jointly owned amongst …
Oppressed Minority Shareholders in Closely-Held Corporation Have Rights Under NJ
I’ve written a lot about closely held companies and the rights of minority shareholders. Closely held corporations are generally businesses that have a small …
National Guard and Eligibility for a NJ Veteran’s Home
Veterans are defined under N.J.A.C. § 5A:5-1.2 (the regulation governing veteran’s homes). The definition reads that a veteran is “a person who has been …
How an Employee Handbook Can Protect an Employer from Liability
Employers and employees often look upon the Employer-Employee Handbook as an employment agreement. Given that NJ employment laws generally presume at-will employment relationships, many …
Supreme Court Aids Older Workers Alleging Discrimination
Justices place the burden of proof on employers In 2008, I wrote the Supreme Court had further enhanced the ability of older workers to …
What Authority Does a Local Zoning Board Have Over New School Construction or Renovations?
When it comes to school construction, zoning boards are limited in their jurisdiction to grant approvals or rejection. New Jersey’s zoning law recognizes the …
Understanding the Budgetary Powers of Condominium Associations
Condominium associations derive their power and responsibilities from the Condominium Act, N.J.S.A. §46:8B-14 and 15. Courts treat condominium associations like they do corporations, holding …
Pay All Bills Before the Death of a Special Needs Trust Beneficiary
Video: Should You Pay Bills Prior to the Death of a Special Needs Trust Beneficiary? Sadly, the beneficiary of a Special Needs Trust …
You Can Raise Your ABLE Account Contribution an Additional $1,000 Starting January 1 2022
Effective January 1, 2022, the Federal Government has increased the total limit on the annual contributions people with disabilities (or their families) can make …
Piercing the Corporate Veil and Holding Corporate Officers Personally Liable
In NJ, Courts will disregard protection for officers, shareholders and directors and hold these individuals legally and personally liable for damages if they use …
You Can’t Sue Me in NJ for Breach of Contract if I Have No Contacts in NJ
To Sue in NJ, the Other Side Must Have Contact with NJ. To enable NJ court to exercise specific jurisdiction over a non-resident defendant, …
Is Raiding a Competitor’s Employee(s) Actionable in NJ
Can you recruit that co-worker or former co-worker or key employee of a competitor in New Jersey without the risk of being sued? The …
Understanding the Medicaid 5 Year Look-Back Period
An applicant’s Medicaid application was denied because of bank deposits made 58 months prior to filing. I recently read a post where a Medicaid …
Understanding Eligibility for an Assisted Living Residence Under NJ Medicaid – Part of 2
Each applicant for Assisted Living Medicaid has two components, one part is clinical eligibility, the second part is financial eligibility. One way to become …
Understanding Eligibility for an Assisted Living Residence Under NJ Medicaid – Part 1 of 2
To understand Assisted Living Medicaid, you have to understand New Jersey Medicaid first. The history is important. New Jersey provides Medicaid long term care …
Are Evictions from Assisted Living Facilities and Nursing Homes Now Permitted in NJ?
New Jersey’s Governor signed a new law on evictions during the COVID-19 emergency. For many of our clients whose family members live in long …
Landlords Beware About Criminal Screening of Prospective Tenants
The Division of Civil Rights promulgated their final regulations today concerning the implementation of this new Criminal Background Check (“CBC”) screening law. I have …
Using a Single Premium Immediate Annuity in Medicaid Planning (SPIA)
In order to be eligible for Medicaid long-term care, there are eligibility requirements that must be met. This includes financial (income and assets) eligibility. …
Annual Gifting Limits Raised to Reduce Potential Estate Death in 2022
The amount you can gift without filing a tax return is increasing to $16,000 in 2022. The federal estate tax exclusion is increasing to …
Understanding Penalties Under NJ Medicaid Law
If you make a gift within 5 years of applying for Medicaid, you will be penalized. A penalty is a mathematical calculation. The amount …
What Makes a Will Valid and Legitimate?
In New Jersey, what are the legal requirements for making a Will? What happens if a Will does not meet every requirement? What is …
Extremely patient with all of our questions and not rushed
It is with much enthusiasm that we are highly recommending Hanlon Niemann & Wright, Attorneys at Law. Sometimes going to a lawyer no matter …
Why Do Some Shareholders Feel the Need to Oppress Their Minority Stakeholders?
Controlling shareholders are in a position to abuse their power over minority shareholders by reducing or eliminating one or more economic benefits of ownership …
Staff is very friendly
I retained Hanlon Niemann & Wright and Fredrick Niemann to prepare a power of attorney for my family. I was very pleased with the …
Shareholder Oppression: It’s Always a Risk
A wielding of power by any person or group who controls a corporation may serve to destroy a stockholder’s vital interests and expectations. As …