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Home Blogs Elder Law Estate Planning

Estate Planning

Call Us Today Toll Free: 855-376-5291

Naming a Guardian in a Will

HNW February 10, 2021 Estate Planning, Last Wills and Testament

It is a good idea when drafting a last will and testament that you put language in there appointing a guardian for your minor …

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Estate Planning

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

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

Child Support Can Be Placed in a Special Needs Trust to Preserve Government Benefits

HNW August 27, 2020 Estate Planning

Child support can be directed to a first party special needs trust, if one exists.  Child support cannot go into a third party special …

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Trust Law and Litigation

I Quit! I Refuse to Continue to Be Your Power of Attorney

HNW August 20, 2020 Elder Law, Estate Planning

You’ve heard of buyer’s remorse. What seemed like no big deal becomes more than expected and so the Power of Attorney gives up and …

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Powers of Attorney and Health Care Directives

You Don’t Lose Your Status as a Partner if You Assign Your Partnership Interest to Your Revocable Trust

HNW August 6, 2020 Estate Planning, Partnership Rights Litigation

Four dentists formed a partnership to acquire and maintain a dental office building.  The then-partners amended their agreement to allow one of the partners …

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Partnership Rights LitigationTrust Law and Litigation

Hey, Mr. Executor, Know Your Role

HNW July 15, 2020 Estate Administration and Probate, Estate Planning

If you have been named as an estate representative, knowing your responsibilities is very important.  The following article is a general introduction to your …

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Estate Administration and ProbateEstate Planning

Does an Inherited IRA Have Creditor Protection Status Under NJ Law

HNW July 8, 2020 Estate Administration and Probate, Estate Planning

 In some states creditors can seize an Inherited IRA The IRS and Bankruptcy Court(s) can also seize an Inherited IRA This article discusses inherited …

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Estate Administration and ProbateEstate Planning

Taxation of Special Needs Trust Made Simple(er)

HNW June 26, 2020 Estate Planning, Special Needs Trusts for Minor Children and Adults

This article discusses basic tax principles of a Special Needs Trust; hereafter referred to at times as a SNT. Each Type of Special Needs …

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Estate PlanningSpecial Needs Trusts for Minor Children and Adults

To Make a Gift to a Minor Beneficiary, Do You Always Need to Set Up a Trust?

HNW June 10, 2020 Elder Law, Estate Planning

Consider making a gift to a minor by way of the Uniform Transfer to Minors Act or the Uniform Gift to Minors Act instead …

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Estate PlanningTrust Law and Litigation

Creating a Trust is the Best Solution for Keeping Money Away From a Spendthrift Daughter-in-Law and Son-in-Law

HNW June 9, 2020 Elder Law, Estate Planning

Creating a trust limits the ability of beneficiaries to squander trust assets and income. If you have a son-in-law or daughter-in-law who is reckless …

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Trust Law and Litigation

Your Federal and State Income Taxes Are Not Affected by Creating a Properly Drafted Revocable Trust

HNW June 5, 2020 Elder Law, Estate Planning

A Revocable Trust is a popular estate planning tool. Some people think that creation of a Revocable Trust creates complexity under the tax code. …

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Estate Planning

A Tragic Case of a Young West Point Cadet Who Died Wanting to Preserve His Legacy

HNW June 4, 2020 Estate Administration and Probate, Estate Planning

The parents of a deceased cadet at the West Point Military Academy (“West Point”) who was scheduled to graduate last year was involved in …

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Estate Administration and ProbateEstate Planning

A Will Should Not Include a Personal Property Clause

HNW June 2, 2020 Elder Law, Estate Planning

Personal property items should be discussed in your Last Will. Do not itemize personal property in your Will, but rather create a list of …

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Estate PlanningLast Wills and Testament

If the Federal Estate Tax Exemption is Reduced in the Future, Will Your Estate Be Penalized?

HNW May 28, 2020 Elder Law, Estate Planning

Today the Federal Estate death tax exemption is very high. Only the very wealthy are subject to federal death taxes. The law may change …

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Estate PlanningLast Wills and TestamentTrust Law and Litigation

We feel confident that Fred will be able to help us

HNW May 11, 2020 Estate Planning

Fred took our needs very seriously and worked quickly so that we would have all the pertinent documents in place.  Your staff willingly spent …

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Testimonials - Estate Planning

Remote Notary Act Memo

HNW May 4, 2020 Contract Law, Estate Planning

Recently, New Jersey law changed to allow attorneys and notaries to notarize documents over video conference. This is important for business owners who need …

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Contract LawEstate Planning

To POLST or Not to POLST?  Your Answer May Kill You!

HNW April 30, 2020 Estate Planning

POLSTS are simple forms which can help patients express their wishes in the event they cannot express them for themselves. A “POLST” is a …

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Estate Planning

Trustee of a Revocable Trust Has Legal Obligations to Trust Beneficiaries

HNW April 27, 2020 Elder Law, Estate Planning

New Jersey law allows a Court to remove a Trustee for reasons including “….unfitness, unwillingness, or persistent failure of the Trustee to administer the …

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Trust Law and Litigation

Guardianship of Young Children in Your Last Will When You’re Foreign Born and No Family Members Live in the US

HNW January 13, 2020 Estate Planning, Will Contest and Probate Litigation

NJ has many foreign born parents with minor children If a foreign born parent dies can they appoint a guardian for their children from …

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Estate PlanningWill Contest and Probate Litigation

If You Have Kids or Grandkids in College, Either Home or Away, Then Read This Post

HNW January 13, 2020 Estate Planning

Although they still rely on you heavily for support – both emotional and financial – the law considers young persons over the age of …

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Powers of Attorney and Health Care Directives

A Florida Resident’s Friend Who Lives in New Jersey May Not Serve as Personal Representative

HNW December 20, 2019 Elder Law, Estate Planning

With so many individuals moving to Florida, they often ask me about Florida’s elder law issues and questions.  One thing unique in Florida is …

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Estate Planning

Selecting The Right Person(s) to Be the Guardian of Your Child(ren)

HNW November 1, 2019 Elder Law, Estate Planning, Guardianship Law

Deciding who should be the guardian of your kids is a tough decision Close family members are not always the best choice This article …

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Estate PlanningGuardianship Law

If You Have a Trust, Do You Also Need a Last Will?

HNW August 16, 2019 Elder Law, Estate Planning, Will Contest and Probate Litigation

If you have a living trust in place, why would a person need a will?  The answer straightforward :  You need a last will …

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Estate PlanningWill Contest and Probate Litigation

Medicaid Gifting Rules and the Annual Federal Gift Tax Exclusion Are Unrelated: Don’t Be Confused!

HNW July 19, 2019 Elder Law, Estate Planning, Medicaid Eligibility and Asset Protection Planning

I’ve written numerous posts about Medicaid gifting and the misconceptions surrounding the annual gift tax exclusion rules. Generally, I’m asked the question whether New …

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Estate PlanningMedicaid Eligibility and Asset Protection Planning

A DNR (Do Not Resuscitate) Order is Legal in New Jersey Without a Terminal Illness

HNW June 14, 2019 Elder Law, Estate Planning

  We’ve all heard about a “Do Not Resuscitate Order” (DNR) but probably don’t know (precisely) what it means, or how it applies to …

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Estate PlanningPowers of Attorney and Health Care Directives

New Jersey Adopts a New Law Which Will Allow You to Die With Dignity and on Your Terms

HNW June 13, 2019 Elder Law, Estate Planning

The State Legislature recently adopted a law entitled  “Aid and Dying for the Terminally Ill Act” which will allow a qualified terminally ill patient …

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Powers of Attorney and Health Care Directives

Can You Exclude Your Ex-Spouse as the Guardian for Your Children After Separation/Divorce in Your Will/Trust?

HNW October 12, 2018 Elder Law, Estate Planning, Will Contest and Probate Litigation

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Guardianship and Estate Planning Attorney A client was referred to me …

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Estate PlanningWill Contest and Probate Litigation

A Granddaughter Does Not Owe Gift Tax on Money She Inherits for College Tuition

HNW October 8, 2018 Elder Law, Estate Planning

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Planning Attorney I’m always asked about gift taxes when clients …

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Estate PlanningReal Estate Tax Appeals

Mr. Niemann has been a God send to me and my family

HNW April 1, 2018 Estate Planning, Testimonials

Mr. Niemann has been a God send to me and my family. He has met with me many, many times with patience, sensitivity and …

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Testimonials - Estate Planning
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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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