By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County, NJ Probate Attorney Part 2 of a 2 Part Series In my previous post, I discussed a case which involves the death of a biological parent in which a child was never formally adopted but raised as if the biological child of a stepparent. I continue my discussion in this post. When told the news about this birth father, GA Jr. was stunned; although resistant, he eventually commenced a casual relationship with his father that consisted of only occasional telephone calls and even fewer visits. It is fair to assume (particularly when viewing the facts in the light most favorable to GA Jr.) that a true psychological parental relationship never …
An Equitable Adoption? You Are Either Legally Adopted or You Are Not. There is No In-Between. (Part 1)
By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County, NJ Probate Attorney Part 1 of a 2 Part Series Adoptions are a very serious matter, yet there is no shortage of interesting cases under the law of adoption(s). One might think that an adoption fits the description of a straightforward proceeding involving adoptive parents, biological parents and the successful exchange of legal rights to parentage. Sometimes, however, you get a really interesting case like the one that I am about to summarize for you which involves the death of a biological parent in which a child was never formally adopted but raised as if the biological child of a stepparent. I think that you will find this case very …
Fraudulent Transfer and Liability to a Nursing Home
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Fraudulent Transfer Attorney Here’s an interesting case taken up on appeal between a nursing home and the owner of a home who was accused of being part of a fraudulent transfer. The nursing home owners alleged that the defendant(s) violated the Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-25, with respect to the transfer of property owned by him to his children 1 ½ years prior to admission to their long term care facility. At the time the parent executed the deed, he was ninety years old, but was in good physical and mental health, travelled alone overseas every six months, was in control of his own life, …
My fiancee passed away and I was named as a beneficiary
I was in a panic. My fiancee passed away and I was named as a beneficiary of a valuable piece of real estate in Hudson County, New Jersey under his Will. Adding to my grief was the decision of the Executor to ignore the language of his Will and then he refused to convey ownership of the real estate to me. What were my rights? What could I do? I called various people for a referral to an attorney experienced in probate litigation. Mr. Niemann was recommended to me and immediately he took charge. He filed a lawsuit against the Executor and aggressively fought for me throughout the legal process. He would not compromise or settle for less than I …
Appealing to the Appellate Division: Appeals of Interlocutory Orders Part 2- The Process
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Appeals and Appellate Court Attorney My last blog on appeals and the appellate court talked about the necessity of filing a motion for leave to appeal an interlocutory order, and whether the process is truly worth going through. Remember that the court must give the party permission to appeal, and it is a heavy burden on the appellant to show that there is some sort of prejudice that will infect the trial, which warrants relief before it is adjudicated on. Today, I will talk more about the procedure to do this. Once the interlocutory order is entered, the party has 20 days after receipt of the order …
Appealing to the Appellate Division: Appeals of Interlocutory Orders Part 1- The Basics
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Appeals and Appellate Court Attorney One of the common misconceptions about appeals is that you can only appeal a final judgment in a case. You go through the litigation process, have a trial, get a verdict, and then you appeal the verdict to an appellate court. But you can appeal to the appellate court BEFORE the trial begins. If the trial court signs an order during the discovery phase compelling a witness to answer a question the witness feels is privileged, or signs an order granting partial summary judgment on certain issues, the aggrieved party can file a motion for leave to appeal this order. Because there …
Appealing to the Appellate Division: Stays and Emergent Applications
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Appellate Law Attorney Litigation is a lengthy process. It starts with the filing of a complaint, which is followed by an answer from the opposing party or parties. Discovery commences, and it can be a year from the date the complaint is filed before a trial even occurs. Fortunately, our court system provides ways to deal with actions that require urgent relief. At the trial level, you can file what is known as an order to show cause with temporary restraints, which is an action the court will hear right away and either grant or deny any relief the plaintiff seeks. For example, in a family law …
Does Death Destroy a Fraudulent Transfer Claim?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Monmouth County, Freehold, NJ Fraudulent Transfer Attorney A federal district court recently decided a case regarding transfers made by a power of attorney to himself that was found to be a violation of the Fraudulent Transfer law. One of the issues in this case which I think may be applicable to New Jersey cases is whether a claim of fraudulent transfer against the agent who has (had) power over another’s finances survives the death of the person who owned the finances. In this case a nursing home accepted Medicaid and it accepted a resident into the home. The agreement that was signed required that she pay …
The Process of Obtaining Evidence by a Lawsuit is called Discovery: Learn about the Discovery Process in This Post
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Personal Injury Litigation Attorney Whenever there is a lawsuit, there is a period called discovery in which both parties can find out evidence that is fair game to be used at trial and argued over in court. Once this discovery period of time ends, parties can no longer ask of evidence and other materials from their adversary or third parties. The day in which the discovery period ends is called the “discovery-end-date.” Unless exceptional circumstances are shown by a party attempting to get particular evidence into the recover in the court will usually bar that party’s request. For example in a recent personal injury matter, a client …
Do You Have a Claim for Intentional Infliction of Emotional Distress?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Personal Injury Attorney Intentional infliction of emotional distress (IIED) is one of the most common tort claims brought in civil court; however, what many people don’t know is that it is also one of the most difficult claims to prevail on. The following elements must be proven: (1) the defendant acted intentionally or recklessly in doing the act alleged to be wrongful which produced the emotional distress; (2) the conduct was so extreme and outrageous as to go beyond all bounds of human decency; (3) the defendant’s actions caused the emotional distress; and (4) the distress was so severe that no reasonable person could be expected to …