By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County, NJ Guardianship Attorney The best way to avoid a guardianship is for an older person to prepare a durable power of attorney before a health crisis occurs. That way, someone handpicked will be able to step in to make financial and medical decisions if necessary. But […]
Claims of Undue Influence, Coercion and Duress in Elder Financial Exploitation Lawsuits
By Fredrick P. Niemann, Esq. a NJ Elder Abuse and/or Financial Exploitation Attorney The most commonly used theory for law suits filed by Hanlon Niemann in cases involving elder financial exploitation are undue influence (https://www.elderabuseinnj.com/challenging-gift-undue-influence/), coercion and duress. These legal theories claim that the elderly victim, when executing a legal document or otherwise, was unable to […]
What is the LLC Buy-Out Standard?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey LLC Attorney The New Jersey Revised Uniform Limited Liability Act (RULLA) contains an express provision granting relief to oppressed minority LLC members. The current LLC Act authorizes the remedy of a buy-out in lieu of dissolution. Unlike the […]
News Alert – In China It’s Visit Your Parents — Or Get Sued By Mom & Dad
By Fredrick P. Niemann, Esq. a New Jersey Elder Abuse Attorney Can you believe this article I recently read? China is cracking down on adult children who may be neglecting or possibly abusing their elderly parents. Is this a possibility in the U.S.? Do you like to visit your Mom and/or Dad? In China, it’s […]
Level of Capacity With Respect to Wills, Trusts, and Powers of Attorney Under NJ Law
By Fredrick P. Niemann, Esq. a NJ Elder Law Attorney Legal Capacity is required for the legal execution of a will and/or a testamentary trust under New Jersey law. a. What is legal capacity and what does it mean under New Jersey Law? Legal capacity (sometimes called Testamentary Capacity) requires:A person to be at least […]
Yes, You Can Use Facebook to Serve a Lawsuit on an Out of State Defendant…Sometimes (Part 2 of a 2-Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright a Freehold Township, Monmouth County New Jersey Trial and Litigation Attorney Part 1 of this series described a recent case where Facebook was used to serve in a trial litigation matter. The Court Decision The issue presented here is whether the court is able to […]
Do You Get a Jury to Decide an Elder Abuse Accusation?
By Fredrick P. Niemann, Esq. a New Jersey Elder Abuse and Financial Exploitation Attorney When a criminal case for elderly abuse is filed, an accused person is entitled to a jury trial on civil and criminal legal claims but not on equitable claims. An elder financial abuse action is most often a legal action against […]
Just How Far Must You Go To Serve A Lawsuit Upon a Defendant (Part 2 of a 3 Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Trial & Litigation Attorney Part 1 of this blog series discussed the appeal of a tax sale foreclosure action. On appeal, defendant contends the trial court erred when it denied its motion. Defendant argued the judgment was void because it was not […]
Did You Know That a Court Appointed Receiver Cannot Be Held Personally Liable When He or She Screws Up a Business?
By Fredrick P. Niemann of Hanlon, Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Business & Corporation Law Attorney In a recent case, a Court appointed receiver was sued over the actions they allegedly took during their tenure administrating rental property. Plaintiff’s case was dismissed because the United States Supreme Court has ruled […]
What Are The Warning Signs Of Elder Abuse?
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Abuse Attorney While one sign or several signs do not necessarily indicate elder abuse all of the time there are some tell-tale signs of a problem: Bruises, pressure marks, broken bones, abrasions, and burns may be an indication of physical abuse, neglect, or […]