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Home Blogs Elder Law

Elder Law Practice Areas

Call Us Today Toll Free: 855-376-5291

COVID Vaccinations

HNW January 14, 2021 Elder Care Law

Today, New Jersey announced that certain individuals under the age of 64 will be eligible for a COVID-19 vaccination soon. This news is a …

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Elder Care Law

Understanding Medicaid Eligibility for Assisted Living Admission

HNW January 14, 2021 Medicaid Eligibility and Asset Protection Planning

To understand Assisted Living Medicaid, you must understand New Jersey’s Medicaid laws. You also need to understand the Medicaid history concerning assisted living admission …

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Medicaid Eligibility and Asset Protection Planning

If You Use a Financial Planner, Read This Post

HNW December 28, 2020 Elder Abuse and Financial Exploitation

Many financial planners are members of the Certified Financial Planner Board of Standards (CFP). The CFP Board is the professional body for financial planners. …

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Elder Abuse and Financial Exploitation

How Elder Law Attorneys Are Modernizing Laws to Combat Elder Financial Exploitation

HNW December 18, 2020 Elder Abuse and Financial Exploitation

Elder exploitation, also known as financial abuse, is a widespread problem in the United States. Elder exploitation includes everything from an adult child taking …

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Elder Abuse and Financial Exploitation

Consider Alternative Care Facilities for an Aging Adult Besides an Assisted Living or Nursing Home

HNW December 2, 2020 Elder Care Law

When considering options for long term care in a facility setting, most people know about assisted living facilities and nursing homes. There are, however, …

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Elder Care Law

Can a Nursing Home, Assisted Living Resident Refuse the COVID Vaccine?

HNW December 1, 2020 Elder Care Law

Vaccines are always controversial.  For many of us, we view our right to receive a vaccine – or refuse it – to be similar …

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Elder Care Law

How to Gain Access to a Safe Deposit Box Upon the Death of a Person

HNW November 30, 2020 Estate Administration and Probate

By Fredrick P. Niemann, Esq.

Estate Administration and Probate

Holiday Visitation

HNW November 27, 2020 Elder Care Law

After more than seven months of “sheltering in place” and limited “outdoor” visitation, many of our clients want to bring Mom or Dad home …

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Elder Care Law

What is a “Durable Power of Attorney”, and What Authority Does It Grant? 

HNW November 25, 2020 Estate Planning

A “Power of Attorney” is a written legal document that legally permits a person to make decisions and act for another person.  We call …

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Estate Planning

Trust Administration: Which State Law Governs a Trust?

HNW November 23, 2020 Elder Law, Estate Administration and Probate

As trustee, you have many duties.  Duties to your beneficiaries and the trust to ensure it is being administered properly to maximize distributions to …

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Estate Administration and Probate

Allowable Funeral Expenses – What Estate Expenses Can I Pay as Executor?

HNW November 20, 2020 Appealing the Denial of Medicaid, Estate Administration and Probate

When a loved one dies, is nine or ten thousand dollars to pay for a funeral enough?  Planning a funeral is the last thing …

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Appealing the Denial of MedicaidEstate Administration and Probate

A Beneficiary’s Right to Demand an Accounting is Not Absolute – Part 2

HNW November 18, 2020 Estate Administration and Probate

Part 1 of this article left off with observations from cases in which courts declined to enforce a beneficiary’s demand for an accounting. A …

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Estate Administration and Probate

A Beneficiary’s Right to Demand an Accounting is Not Absolute – Part 1

HNW November 16, 2020 Estate Administration and Probate

Does a trust/estate beneficiary have a right to financial info? Why would a court refuse to enforce that right? The beneficiaries of an estate …

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Estate Administration and Probate

Do You Know That You Can Demand Discovery from the County and State if You Appeal a Denial of Medicaid Eligibility?

HNW November 12, 2020 Appealing the Denial of Medicaid

Legal Argument Required to Demand Discovery A motion for discovery in a fair hearing appeal is properly made under N.J.A.C. 1:1-12.1-12.7. A motion for …

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Appealing the Denial of Medicaid

Can a Member of the New Jersey National Guard Be Eligible for a NJ Veterans Home?

HNW November 11, 2020 Veterans Benefits to Pay for Long Term Care

Veterans eligible for a NJ veterans home are defined under N.J.A.C. § 5A:5-1.2 (the regulation governing veterans’ homes) as “A person who has been …

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Veterans Benefits to Pay for Long Term Care

How is an Executor’s Commission Calculated in New Jersey?

HNW November 9, 2020 Elder Law, Estate Administration and Probate

Is there a formula that establishes what an Executor can earn? Does an Executor get paid extra for extra work? In New Jersey, the …

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Estate Administration and Probate

Refusal of Vaccinations While Living at Long-Term Care Facility

HNW November 5, 2020 Applying for Medicaid Long Term Care Benefits, Elder Care Law

We received an inquiry from someone whose mother resides at an assisted living facility.  The facility told residents it will be giving out flu …

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Applying for Medicaid Long Term Care BenefitsElder Care Law

Family Members Are Entitled to an Accounting and an Estate Inventory from a Former Power of Attorney

HNW October 30, 2020 Power of Attorney

A court may compel someone who served as a Power of Attorney on behalf of another to account for monies expended during the time …

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Estate Administration and Probate

Is There Such a Thing as an Equitable Adoption So You Can Legally Inherit an Estate?

HNW October 26, 2020 Estate Administration and Probate

New Jersey has strict laws on adoption A stepchild is not legally the child of a deceased step-parent. An estranged biological child of a …

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Adoption LawyerEstate Administration and Probate

Obtaining a Medicaid PAS for an Out of State Medicaid Applicant

HNW October 20, 2020 Applying for Medicaid Long Term Care Benefits

Our office recently did some research on a potential new matter involving an out of state resident looking to relocate to New Jersey to …

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Applying for Medicaid Long Term Care Benefits

Using a Single Premium Immediate Annuity in Medicaid Planning (SPIA)

HNW October 15, 2020 Applying for Medicaid Long Term Care Benefits

Is a SPIA appropriate for the Medicaid planning you may need?   There are requirements that an annuity has to meet for use in the …

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Applying for Medicaid Long Term Care Benefits

Is an Income Producing Property Exempt from Spenddown Under NJ Medicaid?

HNW October 5, 2020 Medicaid Eligibility and Asset Protection Planning

I was recently asked to evaluate whether income producing real estate is exempt from spend-down under NJ Medicaid. Federal law sets forth a mechanism …

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Medicaid Eligibility and Asset Protection Planning

The Importance of Discovery in a Fair Hearing Appeal Under NJ Medicaid Law

HNW September 28, 2020 Appealing the Denial of Medicaid

We represent a petitioner before the Office of Administrative Law.  She was denied Medicaid.  After filing our appeal, we served discovery demands upon the …

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Appealing the Denial of Medicaid

After the Wedding Bells Have Rung Again, Update your Estate Plan

HNW September 24, 2020 Elder Care Law

It is surprising how often we hear of situations in which a person passed away unexpectedly or had a catastrophic accident or stoke, and …

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Elder Care Law

Is There Any Time Limit(s) for a Beneficiary to File Legal Action Against the Executor of an Estate?

HNW September 21, 2020 Estate Administration and Probate

There is no statute of limitations on a claim against a fiduciary by an estate beneficiary. If no release and refunding bond is filed …

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Estate Administration and Probate

If You Qualify for SSI, You Also Qualify for NJ FamilyCare

HNW September 18, 2020 Applying for Medicaid Long Term Care Benefits, Special Needs Trusts for Minor Children and Adults

Once you qualify for Supplemental Security Income (SSI), you are then eligible for NJ FamilyCare Medicaid. However, there are some rules to keep in …

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Applying for Medicaid Long Term Care BenefitsSpecial Needs Trusts for Minor Children and Adults

Veteran’s Pension Planning for Long Term Care Costs Under the New Department of Veterans Affairs Regulations

HNW September 14, 2020 Veterans Benefits to Pay for Long Term Care

The Department of Veteran’s Affairs (VA) adopted regulations concerning eligibility for Veteran’s Benefits to help pay for long term care costs. There are many …

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Veterans Benefits to Pay for Long Term Care

Understanding Ancillary Probate in New Jersey and How it Works

HNW September 11, 2020 Estate Administration and Probate

Here’s a Helpful Article on How to Legally Transfer Real Estate Located in New Jersey Which is Owned by a Non-Resident Decedent’s Estate Ancillary …

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Estate Administration and Probate

Can I Control What Happens to My Corpse After My Passing?

HNW September 9, 2020 Estate Planning

While working on health care directives, I have had clients ask me about leaving special instructions for their loved ones on what they can …

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Estate Planning

Special Needs Trust, IRAs, and Child Support; How They Can All Work Together

HNW September 7, 2020 Special Needs Trusts for Minor Children and Adults

IRA and a Special Needs Trust An individual retirement account or Inherited IRA can be owned by a person with a disability and also …

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Public Benefits Law for Special Needs and Disabled Persons in New JerseySpecial Needs Trusts for Minor Children and Adults
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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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