Shareholder Oppression Under New Jersey Law
Let’s discuss legal remedies for oppressive conduct against members of closely-held New Jersey companies. The shareholder oppression doctrine is a statutory and case law …
Who Can Form a New Jersey Limited Liability Company and What Must Be Included in Its Certificate of Formation?
Like many other states, New Jersey has adopted the Revised Uniform Limited Liability Company Act. To form an LLC under N.J.S.A. § 42:2C-18, New …
Do Not Believe the Legal Advice Given to You by a Nursing Home
Have your own attorney who represents you and NOT the nursing home do the Medicaid application. Nursing home residents are entitled to hire their …
How to Deal with Banks and Brokerage Firms When Using a Power of Attorney
Banks are a pain in the *&s! when it comes to using a Power of Attorney. If an employee of the bank reviews the …
Hanlon Niemann & Wright are Pleased to Announce Two New Attorneys to Our Firm
We welcome Richard C. Sciria, Esq. who comes to us with extensive experience in employment and general litigation matters. Mr. Sciria represents employees and …
How the SECURE Act Changes Inherited IRA Planning
Federal tax laws which allowed retirement accounts to remain tax deferred by allowing certain beneficiaries to delay the withdrawal of account funds over their …
Understand and Learn Several Uncommon Remedies to Fight Elder Financial Abuse
What can I do if I suspect elder financial abuse but am not sure? What will happen to the person committing the abuse? New …
Have I Been Oppressed by the Majority Shareholders?
Minority shareholders in small, closely held corporations (under 25 shareholders) can be frozen out of discussions regarding the company’s future by the majority shareholders, …
It’s Medicare Open Enrollment Time: Is Your Plan Still Working for You?
Every year Medicare gives beneficiaries a window of opportunity to shop around and determine if their current Medicare plan is still the best one …
Piercing the Corporate Veil – When Could It Happen?
Normally, as an owner or shareholder of a corporation, LLC, or partnership, you are not personally liable for the actions for the entity. The …
Estate Creditors and Making Claims Against the Probate Estate
One of the unique aspects of estate administration in New Jersey is how “hands-off” it is compared to other states. An executor or administrator …
If Someone Dies Immediately Before Signing a Will, Can it Be Salvaged?
Can a copy be treated as an original if the original is lost? Is a Will signed electronically during quarantine valid? Traditionally, a deceased …
NJ Supreme Court Adds Yet Another Requirement to Becoming a Guardian
A guardianship is a legal proceeding filed in court where you ask a judge to appoint a guardian for an incapacitated adult. NJ court …
Contracts to Make or Revoke a Will – Preserving Your Estate Plan
Many of our couples who seek estate planning execute “sweetheart wills.” That is, each executes a will stating that upon the death of the …
Planning for The Resumption of Normal State Medicaid – Part 3 of a 3 Part Blog
Post-COVID Eligibility and Enrollment Plans The CMS is requiring that each state, including NJ, develop a “post-COVID eligibility and enrollment plan” to explain how …
Planning for The Resumption of Normal State Medicaid – Part 2 of a 3 Part Blog
Processing Applications & Verifications The outbreak of the COVID-19 pandemic led the Secretary of the Health and Human Services (HHS) to declare a …
Planning for The Resumption of Normal State Medicaid – Part 1 of a 3 Part Blog
The outbreak of the COVID-19 pandemic led the Secretary of the Health and Human Services (HHS) to declare a Public Health Emergency (PHE). To …
An Expert Medical Opinion is Required to Order an Involuntary Commitment
Recently, a NJ court entered a temporary order for the involuntary commitment of a young mother for inpatient treatment. A legal hearing to review …
Can You Receive Any Services and Benefits from Medicaid During a Penalty Period?
Gifts made within 5 years of applying for Medicaid will result in a penalty to the applicant equal to the value of the gift. …
Medicare Scams
There is a new Medicare telephone scam. Scammers are calling, and identifying themselves as from Medicare. Then, they are asking for Medicare numbers and …
Friendly and knowledgeable staff
I am so glad that I was recommended to use your firm. Your employee, Diane Fanok, helped us with all the paperwork we needed …
Gift Taxes vs. Inheritance Taxes: Which is Worse?
Generally, there is no income tax imposed upon assets beneficiaries inherit. However, when they later sell inherited assets, (i.e., appreciated securities and real estate), …
Fred Niemann has been appointed to the Elder Law Committee and Probate & Estate Administration Committee
We are excited to announce that Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright has been appointed to a one-year term of the …
Nicole Tomlin has been appointed to the Chancery Practice Committee
We are excited to announce that Nicole Tomlin, Esq. of Hanlon Niemann & Wright has been appointed to a one year term of the …
New Jersey Adopts Final Remote Notary Law
In 2020, New Jersey’s government recognized for the first time that sometimes, you need a notary- and you need one who can witness electronically. …
Involuntary Civil Commitments Must Follow the Law
In a recent NJ Appellate Division case, the court found that a trial judge made a mistake by refusing to vacate a civil commitment …
Inheritance Tax – Who Should Pay?
One of the biggest questions to tackle in formulating an estate plan is the payment of any estate and inheritance taxes. Should the estate …
The New Jersey Consumer Fraud Act and Its Use Agreement for Licensed Professionals
In many situations, real estate brokers and their agents/salespersons can be sued for consumer fraud. Since the purchase of a home is their greatest …
Income Derived from Personal Businesses Must Be Counted for Eligibility for Benefits
When applying for welfare through a county’s Board of Social Services, whether it’s Medicaid or SNAP benefits, you are required to provide to the …
Is There a Legal Remedy to a Minority Shareholder Without a Finding of Shareholder Oppression?
I’ve written extensively about minority shareholder oppression. Sometimes there is abusive and unfair conduct by a co-shareholder(s) that do(es) not legally qualify as shareholder …