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Elder Law

Call Us Today Toll Free: 855-376-5291

Elder Law

Call Us Today Toll Free: 855-376-5291

Will NJ Demand Payment of Inheritance Tax From an Estate if the Beneficiary Only Has a Life Estate? 

HNW June 30, 2022 Estate Administration and Probate

The short answer is yes.  Surprised?  Don’t be; it’s taxaholic NJ at it again. Under N.J.S.A. 54:36-1, when a person gives a life estate …

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Estate Administration and Probate

Hire an Appraisal and Auction Firm to Dispose of Estate Personal Property

HNW June 29, 2022 Estate Administration and Probate

Recently, a client who has quite a few valuable personal possessions confided she did not want to burden her executor with knowing how to …

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Estate Administration and Probate

When Can a Fiduciary Be Compelled to Produce an Accounting?

HNW June 26, 2022 Estate Administration and Probate, Power of Attorney

Clients often ask how long before he or she can compel an accounting from a fiduciary. NJ has statutes and case law that answers …

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Estate Administration and ProbatePowers of Attorney and Health Care Directives

NJ Must Abide by its Federally Approved State Medicaid Plan and Make Available Assisted Living and Home-Based Community Assistance Services to Eligible Medicaid Applicants

HNW June 20, 2022 Medicaid Eligibility and Asset Protection Planning

Under federal law, NJ is allowed to offer expanded Medicaid programs to individuals whose income exceeds the Medicaid income cap. Since NJ proposed to …

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Medicaid Eligibility and Asset Protection Planning

Understanding the Doctrine of Probable Intent When a Last Will is Unclear in its Language

HNW June 12, 2022 Estate Administration and Probate, Will Contest and Probate Litigation

N.J.S.A. 3B:3-33.1 delineates the doctrine of probable intent. The statutory focus is to implement “[t]he intention of a testator . . . .” The …

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Will Contest and Probate Litigation

In Guardianship Cases, Payment of Counsel Fees is at the Discretion of the Court

HNW June 7, 2022 Guardianship Law

NJ court rules govern payment of counsel fees in guardianship actions. If adult protective services fails to perform their statutory responsibilities, they can be …

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Guardianship Law

Don’t Confuse Testamentary Intent with Testamentary Capacity When Analyzing a Last Will & Testament

HNW May 26, 2022 Estate Administration and Probate, Last Wills and Testament

When contesting a Last Will, the testamentary capacity of its maker is often disputed. NJ law makes clear the differences between testamentary capacity and …

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Estate Administration and ProbateLast Wills and TestamentWill Contest and Probate Litigation

New Help Line for Caregivers of Adults with Intellectual and Developmental Disabilities

HNW May 17, 2022 Public Benefits Law for Special Needs and Disabled Persons

Caregivers Can Call 833-NJ-ADULT (833-652-3858) Daily from 8:30 a.m. to 8 p.m. Human Services Commissioner Sarah Adelman announced a new help line available to …

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Public Benefits Law for Special Needs and Disabled Persons in New Jersey

The Role of the Trustee of a Trust Established Under a Last Will and Testament Following Probate

HNW May 11, 2022 Estate Administration and Probate

Statutory and case law requires a trustee to diversify trust assets. Under the Prudent Investor Act, N.J.S.A. 3B:20-11.1 [to] -11.12, “[a] fiduciary shall diversify …

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Estate Administration and Probate

A Sad Story of an Estate Plan Screwed Up Because of a Homemade (Internet Store) Will

HNW May 5, 2022 Estate Planning, Last Wills and Testament

A recent inquiry to my office illustrates the risks of a “do it yourself” last will.  Here, the person used a common will software …

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Estate PlanningLast Wills and Testament

A County Cannot Impose as a Condition of Approval That You Be Accepted by a Nursing Home or Assisted Living Residence

HNW April 27, 2022 Appealing the Denial of Medicaid

A person with a disability is entitled under N.J.S.A. 10:71-1.2 to choose the least restrictive environment to live. An individual who qualifies, medically, for …

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Appealing the Denial of Medicaid

New Jersey Law Addressing Mandatory Arbitration Clauses in Nursing Home and Assisted Living Admission Agreements

HNW April 13, 2022 Applying for Medicaid Long Term Care Benefits

Virtually all admission agreements to a nursing home or assisted living facility mandate that any and all disputes with patients and family members be …

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Applying for Medicaid Long Term Care Benefits

Medicare Now Covers the Cost of COVID At-Home Tests

HNW April 11, 2022 Elder Care Law

If you have Medicare, you can now receive up to eight free rapid at-home Covid-19 tests a month at participating pharmacies. The free tests …

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Elder Care Law

An Autistic Adult 50 Years of Age and Living in a Group Home is About to Inherit a Lot of Money: How Can the Family Protect It?

HNW April 7, 2022 Public Benefits Law for Special Needs and Disabled Persons, Special Needs Trusts for Minor Children and Adults

A colleague of mine was involved in a situation involving an autistic adult about 50 years old residing in a group home with a …

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Public Benefits Law for Special Needs and Disabled Persons in New Jersey

What Does the Term “Period of Ineligibility” Mean Under NJ Medicaid Law?

HNW March 31, 2022 Applying for Medicaid Long Term Care Benefits

In order to discourage people from disposing of valuable assets and real estate in order to become eligible for Medicaid nursing home services, NJ …

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Applying for Medicaid Long Term Care Benefits

Understanding the NJ Laws That Govern Wrongful Death Claims Filed by the Administrators of an Estate

HNW March 30, 2022 Estate Administration and Probate

People often die as the result of an accident or negligence by others. Many times, these victims die without a Last Will. There are …

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Estate Administration and Probate

If You’re Age 17, Sign a Will and Live in Georgia, Will it Be Recognized in New Jersey

HNW March 21, 2022 Last Wills and Testament

A person age 17 and older can sign a Last Will in Georgia, but in New Jersey, you have to be at least 18.  …

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Last Wills and Testament

To Be Appointed Guardian You Must Be Related by Blood or Marriage or Be the Power of Attorney Before Incapacity Strikes

HNW March 9, 2022 Guardianship Law

Absent proof of parentage by blood or adoption, NJ law does not permit a party to become the legal guardian of another. In a …

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Guardianship Law

Can a Contingent Beneficiary Demand an Accounting?

HNW March 3, 2022 Estate Planning

Can any trust beneficiary can compel a trustee to account? Does the type of contingency make a difference? While trust beneficiaries generally can seek …

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Estate PlanningTrust Law and Litigation

How to Successfully Refute the Legal Presumption that the Survivor of a Joint Account is the Legal Owner Upon Death – Part 2

HNW February 28, 2022 Estate Administration and Probate

In our last blog, I discussed how multiple account holders are presumed to be joint account holders with right of survivorship, so if one …

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Estate Administration and Probate

How to Successfully Refute the Legal Presumption that the Survivor of a Joint Account is the Legal Owner Upon Death – Part 1

HNW February 21, 2022 Estate Administration and Probate

According to N.J.S.A. §17:16I-5 (a), when there are multiple owners of a bank account, the law presumes the account to be jointly owned amongst …

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Estate Administration and Probate

National Guard and Eligibility for a NJ Veteran’s Home

HNW February 18, 2022 Veterans Benefits to Pay for Long Term Care

Veterans are defined under N.J.A.C. § 5A:5-1.2 (the regulation governing veteran’s homes). The definition reads that a veteran is “a person who has been …

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Veterans Benefits to Pay for Long Term Care

Supreme Court Aids Older Workers Alleging Discrimination

HNW February 15, 2022 Business and Corporate Legal Services, Business Law, Elder Law, Employment Law

Justices place the burden of proof on employers In 2008, I wrote the Supreme Court had further enhanced the ability of older workers to …

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Employment Law

Pay All Bills Before the Death of a Special Needs Trust Beneficiary

HNW February 4, 2022 Estate Administration and Probate, Special Needs Trusts for Minor Children and Adults

Sadly, the beneficiary of a Special Needs Trust will be dying soon will necessitate winding up the trust.  Payments will be owed to creditors …

Read More
Estate Administration and ProbateSpecial Needs Trusts for Minor Children and Adults

You Can Raise Your ABLE Account Contribution an Additional $1,000 Starting January 1 2022

HNW February 1, 2022 Special Needs Trusts for Minor Children and Adults

Effective January 1, 2022, the Federal Government has increased the total limit on the annual contributions people with disabilities (or their families) can make …

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Special Needs Trusts for Minor Children and Adults

Understanding the Medicaid 5 Year Look-Back Period

HNW January 19, 2022 Applying for Medicaid Long Term Care Benefits

An applicant’s Medicaid application was denied because of bank deposits made 58 months prior to filing. I recently read a post where a Medicaid …

Read More
Applying for Medicaid Long Term Care Benefits

Understanding Eligibility for an Assisted Living Residence Under NJ Medicaid – Part of 2

HNW January 14, 2022 Medicaid Eligibility and Asset Protection Planning

Each applicant for Assisted Living Medicaid has two components, one part is clinical eligibility, the second part is financial eligibility. One way to become …

Read More
Medicaid Eligibility and Asset Protection Planning

Understanding Eligibility for an Assisted Living Residence Under NJ Medicaid – Part 1 of 2

HNW January 11, 2022 Medicaid Eligibility and Asset Protection Planning

To understand Assisted Living Medicaid, you have to understand New Jersey Medicaid first. The history is important. New Jersey provides Medicaid long term care …

Read More
Medicaid Eligibility and Asset Protection Planning

Are Evictions from Assisted Living Facilities and Nursing Homes Now Permitted in NJ?

HNW January 7, 2022 Applying for Medicaid Long Term Care Benefits, Discharge from a NJ Nursing Home Defense

New Jersey’s Governor signed a new law on evictions during the COVID-19 emergency.  For many of our clients whose family members live in long …

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Applying for Medicaid Long Term Care BenefitsDischarge from a NJ Nursing Home Defense

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

HNW January 3, 2022 Applying for Medicaid Long Term Care Benefits

In order to be eligible for Medicaid long-term care, there are eligibility requirements that must be met. This includes financial (income and assets) eligibility. …

Read More
Applying for Medicaid Long Term Care Benefits
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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
Email:  fniemann@hnlawfirm.com

 

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  • Home
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    • About Hanlon Niemann & Wright Law Firm and Our Attorneys
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    • Business, Partnership & Corporate Litigation, Including Arbitration
    • Elder Law, Disability and Guardianship Rights
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    • Estate Planning, Wills & Trusts
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