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What is the NJ Elective Share Law as Relates to Your Surviving Spouse?

HNW October 5, 2022 Will Contest and Probate Litigation

If a spouse dies and he or she does not leave their estate to a surviving spouse, the surviving spouse may, under NJ law, …

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Will Contest and Probate Litigation

The Story of the Pitfalls Caused by an Improperly Drafted Will

HNW October 4, 2022 Last Wills and Testament

It Really Does Matter! A number of years ago, a woman’s husband died leaving a will, some assets, and a 401k.  The marriage was …

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Last Wills and Testament

Estate Planning: Beware of the Gift of Debt

HNW October 3, 2022 Elder Law, Estate Administration and Probate

It’s great to inherit property but what if that gift bring with it a big string – a string of debt attached to it …

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Estate Administration and Probate

You Can’t Wait Forever to Demand Arbitration in Your Contract Fight

HNW October 3, 2022 Business Law

How Long Can You Wait in a Lawsuit Before Demanding Arbitration Video  The parties to a recent case were siblings who purchased a …

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Arbitration Hearings and Disputes

Can an Employer Regulate Your Private Life and Your Free Speech?

HNW September 23, 2022 Business Law, Employment Law

Many employees do not realize that employers in New Jersey have the right to regulate and prohibit personal lifestyle choices after work and during …

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Employment Law

Why Are Some Wills 2 Pages and Others 20 – The Example of the Executor Who Didn’t Die

HNW September 22, 2022 Elder Law, Will Contest and Probate Litigation

Very often, when I prepare wills, powers of attorney, and health care directives (living wills) for clients, some react with surprise when they see …

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Will Contest and Probate Litigation

Spotlight on NJ Elder Law: What Families Really Need to Know Before a Crisis Hits an Elderly Family Member

HNW September 21, 2022 Elder Law, Estate Planning

When I meet with new clients, the first appointment is often with the children of aging parents.  Commonly, they come to us just before …

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elder lawEstate Planning

Choosing the Right Trustee for Your Living Trust

HNW September 21, 2022 Elder Law, Understanding When a Trust Should Be Used in NJ

Your living trust is much more than just a document that says which heirs get what percentage of your estate or what items of …

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Will Contest and Probate Litigation

What Happens If You Die Without a Will?

HNW September 20, 2022 Elder Law, Estate Administration and Probate, Estate Planning

We all know we are supposed to do estate planning, but not all of us get around to it.  So what happens if you …

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Estate Administration and ProbateWill Contest and Probate Litigation

New Jersey Employers and Employees Must Always Be Aware of the Language In Their Contracts

HNW September 19, 2022 Business Law, Contract Law, Employment Law

A large number of employers and employees throughout New Jersey sign employment contracts. Unfortunately, many employees often do not read the contracts before they …

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Contract LawEmployment Law

Is Your Family or Personal Trust Subject to New Jersey’s Death and Inheritance Tax?

HNW September 19, 2022 Elder Law, Estate Administration and Probate

New Jersey is home to one of the largest populations of elderly residents in the entire country. Many do not have a trust or …

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Will Contest and Probate Litigation

Know Your Rights: The Employee Retirement Income Security Act (ERISA) is an Important Federal Law for Employees

HNW September 6, 2022 Business Law, Employment Law

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension plans, health …

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Employment Law

Thinking of blowing the “whistle” on your boss? Understanding the New Jersey Conscientious Employee Protection Act (CEDA)

HNW September 2, 2022 Business Law, Employment Law

There are numerous federal and NJ state laws that protect “whistleblowers” who report the unfair or illegal practices of their employers.  The CEDA law …

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Employment Law

Have You Read Up on Recently About the Family and Medical Leave Act (FMLA)?

HNW September 1, 2022 Business Law, Employment Law

The Federal FMLA provides that employees may take 12 weeks of unpaid leave from their jobs when they have a serious medical condition or …

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Employment Law

A Shareholder Lawsuit Can Get You More Than Just Money!

HNW August 31, 2022 Business Law, Shareholder Rights Litigation

If you are sued by your business partner because of alleged improper action on your part, what remedy will he or she seek? Many …

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Shareholder Rights Litigation

Every NJ Shareholder is a Fiduciary to Their Fellow Shareholders

HNW August 30, 2022 Business Law, Shareholder Rights Litigation

By Fredrick P. Niemann, Esq. a NJ Shareholder Lawsuit Attorney As a shareholder of a New Jersey corporation, it is important to understand your …

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Shareholder Rights Litigation

How Do You Handle a Disclaimer When a Trust is Involved?

HNW August 29, 2022 Understanding When a Trust Should Be Used in NJ

A trust for the sole benefit of a disabled adult child who lacked capacity was created by a NJ Superior Court order.  The trust …

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Understanding When a Trust Should Be Used in NJ

Must You Pay a Realty Transfer Fee (Tax!) When Transferring Real Estate to a Trust

HNW August 22, 2022 Real Estate, Landlord/Tenant, and Zoning, Understanding When a Trust Should Be Used in NJ

Recently, an out of state client wanted to transfer two NJ properties into a revocable living trust. Both properties were subject to mortgages.  The …

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Real EstateTrust Law and Litigation

It’s the Courts Who First Decide Mandatory Arbitration Not the Arbitrator

HNW August 16, 2022 Contract Law

In a recent New Jersey case, a plaintiff filed a complaint alleging violations of the New Jersey Consumer Fraud Act, the New Jersey Commercial …

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Arbitration Hearings and DisputesContract Law

Understanding the Doctrine of Probable Intent in Probate Estate Litigation

HNW August 10, 2022 Estate Administration and Probate

Under N.J.S.A. 3B:3-33, “the meaning and legal effect of language used in a Last Will, trust or other legal document is determined by the …

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Estate Administration and Probate

You Can’t Always Claim Hardship Before a Zoning Board to Install an Ugly Sign

HNW August 5, 2022 Real Estate, Landlord/Tenant, and Zoning

Background to a Recent Sign Case A property owner appealed to the Jersey City Zoning Board for variance relief to install a digital sign …

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Zoning

Understanding the Difference Between a Right of Use and Occupancy and a Life Estate in Medicaid Planning

HNW August 3, 2022 Appealing the Denial of Medicaid

A right to use and occupy gives the owner of real estate (generally a primary residence) the right to use and occupy the property, …

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Appealing the Denial of Medicaid

You Cannot Avoid a Medicaid Estate Recovery Lien by Creation of an Elective Share Trust

HNW August 1, 2022 Estate Administration and Probate, Medicaid Eligibility and Asset Protection Planning

The estate argued that the assets held in a trust created by a spouse are not subject to recovery by NJ because these assets …

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Estate Administration and ProbateMedicaid Eligibility and Asset Protection Planning

Siblings Can Demand a Financial Accounting and Visitation from a Fiduciary

HNW July 24, 2022 Guardianship Law, Power of Attorney, Understanding When a Trust Should Be Used in NJ

Siblings can demand a financial account and visitation from another sibling(s) who is a fiduciary (trusted agent) for their parent(s) or a disabled person …

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Guardianship LawPowers of Attorney and Health Care DirectivesTrust Law and Litigation

Can You Transfer Your Home With a Mortgage to a Trust Without Jeopardizing Your Bank Loan?

HNW July 22, 2022 Elder Care Law, Real Estate, Landlord/Tenant, and Zoning

There is a Federal law called the Garn-St Germain Act.   Federal Regulations exempt transfers to trusts in which the transferor or a member of …

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Elder Care LawReal Estate

Appealing Medicaid Denial and Involuntary Discharge Because of Immigration Status

HNW July 18, 2022 Appealing the Denial of Medicaid

Recently, we were advised that a client of ours was a lawful permanent resident, and had resided in the US continuously since 1985.  The …

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Appealing the Denial of Medicaid

Understanding the Definition of Incapacity Under NJ Law

HNW July 12, 2022 Guardianship Law, Power of Attorney

Occasionally, a client does not want a declaration of “incapacity” (as used in various planning documents and NJ case law) made by a physician.  …

Read More
Guardianship LawWill Contest and Probate Litigation

Does a Revocable Trust Require an Employee ID or Social Security Number?

HNW July 8, 2022 Understanding When a Trust Should Be Used in NJ

I was recently asked about my thoughts as to the use of an EIN vs. social security number for a revocable trust. Under Treas. …

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Trust Law and Litigation

Understanding the NJ Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

HNW July 6, 2022 Guardianship Law, Will Contest and Probate Litigation

Guardianship Modification for Interstate Guardianship Video Recently, parents who are guardians of their disabled adult child moved to NJ from Maryland and inquired about …

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Guardianship Law

Adult Adoptions and Due Process- Do the Biological Parents Have Rights to Challenge?

HNW July 1, 2022 Additional Practice Areas

While uncommon, an adult can be adopted in New Jersey by a husband and wife either jointly or individually, with the latter case allowed …

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Adoption Lawyer
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Hanlon Niemann & Wright Law Firm

3499 Route 9 North, Suite 1F
Freehold, NJ 07728
Phone: (732) 863-9900
Phone (Toll Free): (855) 376-5291
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  • Home
  • The Firm
    • About Hanlon Niemann & Wright Law Firm and Our Attorneys
    • About Our Attorneys
    • Video Library
    • Location and Directions
  • Practice Areas
    • Business & Corporate Law
    • Business, Partnership & Corporate Litigation, Including Arbitration
    • Elder Law, Disability and Guardianship Rights
    • Medicaid Eligibility and Protecting Assets from a Nursing Home
    • Estate Planning, Wills & Trusts
    • Estate Administration and Probate
    • Probate Estate Litigation and Will Contests
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