https://www.hnwlaw.com/Image
Call Today Toll Free! (855) 376-5291
Image
  • Home
  • The Firm
    • About Hanlon Niemann & Wright 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
    • Landlord Tenant, Real Estate & Zoning
    • Appellate Law
    • Personal Injury and Negligence Cases
    • Additional Practice Areas
  • Blogs
  • Testimonials
  • Contact Us
  • Speaking Events
MENU

Elder Law

Call Us Today Toll Free: 855-376-5291

Elder Law

Call Us Today Toll Free: 855-376-5291

Guardianship and Civil Commitment

HNW September 7, 2023 Guardianship Law, Mental Health and NJ Law Regarding Involuntary Commitments

Almost every day, a family contacts my office with concerns about their loved ones’ mental health and has questions about New Jersey’s Civil Commitment …

Read More
Guardianship Lawmental health

Does a Life Estate Holder Who is Also an Owner of Real Estate Get Paid Twice Upon Sale?

HNW September 1, 2023 Estate Administration and Probate

Here’s an interesting case.  A sister and two brothers are named as owners on a deed.  Sister also has life rights to the property.  …

Read More
Estate Administration and Probate

Trustee Duties in Settling and Closing Out a Trust

HNW August 21, 2023 Understanding When a Trust Should Be Used in NJ

In New Jersey, a trustee may close out and finalize a trust by filing an Action for the Settlement of Accounts with the Superior …

Read More
Understanding When a Trust Should Be Used in NJ

Medicaid Balanced Billing: A Medicaid Approved Provider Cannot Demand More Money Than Medicaid Pays

HNW August 11, 2023 Medicaid Eligibility and Asset Protection Planning

Balance billing by Medicaid providers is clearly prohibited by both state and federal law. Under 42 U.S.C. § 1396u-2: Each Medicaid managed care organization …

Read More
Medicaid Eligibility and Asset Protection Planning

How the SECURE Act Changes Inherited IRA Planning

HNW August 2, 2023 Estate Planning

Federal tax laws which allowed retirement accounts to remain tax deferred by allowing certain beneficiaries to delay the withdrawal of account funds over their …

Read More
Estate Planning

Are Beneficiaries Entitled to Economic Damages When a Trustee Breaches an Obligation(s) of the Trust

HNW July 23, 2023 Understanding When a Trust Should Be Used in NJ

Under N.J.S.A. 3B:31-72(a), [a] trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of: (1) the amount …

Read More
Understanding When a Trust Should Be Used in NJ

Can I Compel a Trustee to Make Distributions of Income During the Winding Up of a Trust?

HNW July 3, 2023 Understanding When a Trust Should Be Used in NJ

The general answer is no, unless the trust agreements compels the trustee to make partial distributions during the winding up of the trust and …

Read More
Understanding When a Trust Should Be Used in NJ

Use of Self-Attestation

HNW June 21, 2023 Medicaid Eligibility and Asset Protection Planning

States may accept self-attestation of non-financial eligibility criteria for Medicaid, except as required by law or regulation (citizenship and immigration status, Asset Verification System). …

Read More
Medicaid Eligibility and Asset Protection Planning

Processing New Applications

HNW June 19, 2023 Medicaid Eligibility and Asset Protection Planning

For Medicaid, CHIP, and BHP, states must accept applications from the applicant, an adult in the applicant’s household, an authorized representative, or if the …

Read More
Medicaid Eligibility and Asset Protection Planning

Changes in Circumstances

HNW June 16, 2023 Medicaid Eligibility and Asset Protection Planning

States must have procedures in place designed to ensure that beneficiaries in Medicaid, CHIP, and a BHP can timely and accurately report changes in …

Read More
Medicaid Eligibility and Asset Protection Planning

Reconsideration Period

HNW June 14, 2023 Medicaid Eligibility and Asset Protection Planning

For MAGI Medicaid and CHIP beneficiaries whose eligibility has been terminated at renewal, the agency must reconsider the individual’s eligibility without requiring the individual …

Read More
Medicaid Eligibility and Asset Protection Planning

Considering Eligibility on Other Bases and Eligibility for Other Insurance Affordability Programs

HNW June 12, 2023 Medicaid Eligibility and Asset Protection Planning

If a Medicaid beneficiary is no longer eligible for the category in which the beneficiary is enrolled, the Medicaid agency must consider whether the …

Read More
Medicaid Eligibility and Asset Protection Planning

How Does Medicaid Treat the Alimony Obligation of a Former Spouse?

HNW June 12, 2023 Applying for Medicaid Long Term Care Benefits

A client’s father has been paying permanent alimony for about 20 years and is now remarried.  Both he and his current wife are receiving …

Read More
Applying for Medicaid Long Term Care Benefits

Renewal Form Requirements

HNW June 9, 2023 Medicaid Eligibility and Asset Protection Planning

If an ex parte renewal cannot be completed, the agency must provide beneficiaries with a renewal form and request information from the beneficiary. The …

Read More
Medicaid Eligibility and Asset Protection Planning

Understanding the Ex-Parte Renewal Process for Continued Medicaid Eligibility When the COVID-19 Public Health Emergency Ends

HNW June 8, 2023 Medicaid Eligibility and Asset Protection Planning

In my previous blog I discussed how NJ will conduct renewals for continuing Medicaid eligibility. In this blog I will go over understanding the …

Read More
Medicaid Eligibility and Asset Protection Planning

How Will NJ Conduct Renewals for Continuing Medicaid Eligibility

HNW June 5, 2023 Medicaid Eligibility and Asset Protection Planning

In my previous blog I discussed what to do when NJ seeks to terminate your Medicaid long-term care benefits when the COVID-19 emergency ends. …

Read More
Medicaid Eligibility and Asset Protection Planning

What to Do When NJ Seeks to Terminate Your Medicaid Long-Term Care Benefits When the COVID Emergency Ends

HNW June 2, 2023 Medicaid Eligibility and Asset Protection Planning

Under the FFCRA, New Jersey must maintain continuous enrollment of Medicaid beneficiaries through the last day of the month in which the PHE ends, …

Read More
Medicaid Eligibility and Asset Protection Planning

Important Information About SSI and SSDI Reviews

HNW June 2, 2023 Public Benefits Law for Special Needs and Disabled Persons

Many of our clients with disabilities have recently begun receiving letters from the New Jersey Department of Labor and Workforce Development or the Social …

Read More

The Decedent’s Probable Intent Should Be Clearly Stated in His Last Will and Testament

HNW May 31, 2023 Estate Administration and Probate

In interpreting how to interpret a will, a testator’s intent “as expressed in his will controls the legal effect of his dispositions, and the …

Read More
Estate Administration and Probate

A Holder of a Life Estate Cannot Force a Partition of Real Estate

HNW May 24, 2023 Estate Planning, Real Estate, Landlord/Tenant, and Zoning

A court in NJ is allowed in an action for the partition of real estate to “direct the sale of the real estate if …

Read More
Estate PlanningReal Estate

How Do You File for Guardianship?  A Simple Step-by-Step Explanation

HNW May 16, 2023 Guardianship Law

An action for guardianship of an alleged incapacitated individual and the proceedings required for a judgment of incapacity are governed by court rules and …

Read More
Elder Care LawGuardianship Law

When Can NJ Tax the Income of a Trust?

HNW April 18, 2023 Estate Administration and Probate, Understanding When a Trust Should Be Used in NJ

I just finished reading statutes which address Tax Nexus and trusts, especially when a trustee administers a NJ trust for out-of-state beneficiaries. I always …

Read More
Estate Administration and ProbateUnderstanding When a Trust Should Be Used in NJ

A Medicaid Application Can Be Like a Tax Audit

HNW April 11, 2023 Applying for Medicaid Long Term Care Benefits

When describing the Medicaid application process, I often reference it to a tax audit.  It is an intrusive government review of an applicant’s finances …

Read More
Applying for Medicaid Long Term Care Benefits

Here’s a Brief Overview of an Involuntary Civil Commitment Process

HNW April 4, 2023 Mental Health and NJ Law Regarding Involuntary Commitments

When a patient presents to a psychiatric screening service, the service has 24 hours to issue a screening certificate to the patient being detained …

Read More
mental health

When Gifting Real Estate in NJ, What is the Actual Date of the Gift?

HNW March 20, 2023 Estate Planning

We have clients who want to gift to their ownership in New Jersey Real Estate. These clients want to complete their gift in 2022.  …

Read More
Estate Planning

Can a Veteran Receive Both VA Aid & Attendance Benefits AND Medicaid?

HNW March 14, 2023 Veterans Benefits to Pay for Long Term Care

Many Veterans (or the widows of war-time Veterans) who receive Aid & Attendance benefits also need Medicaid.  A Veteran and his/her spouse can receive …

Read More
Veterans Benefits to Pay for Long Term Care

After Divorce, What Agreements Should You Review to Protect Loved Ones?

HNW March 8, 2023 Elder Law, Estate Planning

Just divorced? Getting divorced? Been divorced and haven’t done anything about changing key documents?  Obviously, I think it is important that you review your …

Read More
Estate Planning

Estate Planning: Beware of the Gift of Debt

HNW March 7, 2023 Elder Law, Estate Administration and Probate

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

Read More
Estate Administration and Probate

Can a Surviving Spouse Avoid Probate in NJ When the Estate Value is Small?

HNW March 2, 2023 Estate Administration and Probate

The short answer is yes.  In the absence of a will, if a deceased spouse owned less than $50,000 of assets to his or …

Read More
Estate Administration and Probate

Dealing with Unexplained Deposits When Applying for Medicaid

HNW February 28, 2023 Applying for Medicaid Long Term Care Benefits

Many Medicaid applications involve issues surrounding bank deposits.  As part of the Medicaid application process, the State demands documentation of withdrawals from an applicant’s …

Read More
Applying for Medicaid Long Term Care Benefits
  • Page 1 of 20
  • 1
  • 2
  • 3
  • ...
  • 20
  • →

Call Us Today
Toll Free: (855) 376-5291

Choose a Category

  • Additional Practice Areas (51)
    • Personal Injury and Negligence Cases (11)
  • Adoption Law (1)
  • Business Law (264)
    • Business and Corporate Legal Services (46)
    • Contract Law (26)
    • Covenants Not to Compete and Restraints (8)
    • Employment Law (42)
    • Fraudulent Transfer Litigation (24)
    • NJ LLC Law (2)
    • Partnership Rights Litigation (30)
    • Shareholder Rights Litigation (46)
  • Elder Law (579)
    • Appealing the Denial of Medicaid (21)
    • Applying for Medicaid Long Term Care Benefits (30)
    • Discharge from a NJ Nursing Home Defense (8)
    • Elder Abuse and Financial Exploitation (33)
    • Elder Care Law (53)
    • Estate Administration and Probate (149)
    • Estate Planning (83)
    • Guardianship Law (46)
    • Hospice Care Planning (5)
    • Last Wills and Testament (14)
    • Medicaid Eligibility and Asset Protection Planning (77)
    • Mental Health and NJ Law Regarding Involuntary Commitments (2)
    • Power of Attorney (7)
    • Public Benefits Law for Special Needs and Disabled Persons (20)
    • Special Needs Trusts for Minor Children and Adults (37)
    • Understanding When a Trust Should Be Used in NJ (19)
    • Veterans Benefits to Pay for Long Term Care (18)
    • Will Contest and Probate Litigation (24)
  • Firm News (22)
  • Real Estate, Landlord/Tenant, and Zoning (116)
  • Testimonials (153)

Search Our Site

Video Library

  • Video Library

HNW Practice Areas

  • Business Law
  • Elder Law
  • Real Estate
  • Additional Areas
  • About Our Attorneys
  • Virtual Office
  • Contact Us
  • Location & Directions New Jersey
  • Blogs
  • Testimonials
  • Free Guides & Newsletters!
  • Site Map
  • Our Philosophy
  • Firm News
  • Web Resource Links
  • About Hanlon Niemann & Wright and Our Attorneys

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

 

  • Business Law
  • Elder Law
  • Real Estate Law
  • Additional Areas


cant-travel-sidebar

COPYRIGHT
Copyright © Hanlon Niemann & Wright, P.C. All rights reserved. All information presented in this website is copyrighted by Hanlon Niemann & Wright, P.C., or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found in this publication is expressly prohibited.
NO REPRESENTATIONS
This material may contain technical or typographical errors. Hanlon Niemann & Wright does not guarantee its accuracy or completeness or suitability. IN NO EVENT SHALL HANLON NIEMANN & WRIGHT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS PUBLICATION. Hanlon Niemann & Wright takes no responsibility and makes no warranty whatsoever for the content or information contained herein.
Information on this website has been prepared for general information. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.

© Copyright All rights reserved. Disclaimer | Privacy Policy | Site

  • Home
  • The Firm
    • About Hanlon Niemann & Wright 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
    • Landlord Tenant, Real Estate & Zoning
    • Appellate Law
    • Personal Injury and Negligence Cases
    • Additional Practice Areas
  • Blogs
  • Testimonials
  • Contact Us
  • Speaking Events