By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County, New Jersey Elder Law and Healthcare Directive Attorney This recent case raises issues concerning the legal obligations imposed on health care providers when a patient’s health care directive conflicts with the healthcare providers’ professional opinion(s) that the requested care is medically ineffective and may cause […]
Category Archives: Estate Planning
Alzheimer’s – Settling the Affairs of Someone With Alzheimer’s or Dementia
By Fredrick P. Niemann, Esq. a NJ Power of Attorney Lawyer When addressing the affairs of a person with Alzheimer’s or Dementia disease, it is important to make sure that he or she is able to continue with their normal life. Thus, a Power of Attorney and Health Care Directive can be a powerful assistant. […]
Can You Exclude Your Ex-Spouse as the Guardian for Your Children After Separation/Divorce in Your Will/Trust?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Guardianship and Estate Planning Attorney A client was referred to me by another attorney. She was the victim of domestic abuse and is currently in the process of getting divorced. She wants to prevent her husband from gaining custody of her children […]
What Is a Representative Payee Under Social Security
By Frederick P. Niemann of Hanlon Niemann & Wright, a NJ Elder Law Attorney More than eight Million People, who get monthly Social Security or Supplemental Security Income (SSI) benefits, need help managing their money. In these cases, Social Security will approve the appointment of a relative, friend, or other interested party to serve as […]
A Granddaughter Does Not Owe Gift Tax on Money She Inherits for College Tuition
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Planning Attorney I’m always asked about gift taxes when clients want to give away property to a loved one while alive or upon death. This frequent question generally involves gifts for college, a wedding or other major life event. The short […]
Can You Gift Real Estate to a Minor Under the Age of Eighteen (18) and if so, How?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Real Estate Attorney I was recently asked if there was a simple, ironclad way to transfer title to real estate in New Jersey to a 13 year old minor child. A “minor” means an individual who has not attained the age of […]
Be Careful About How Often You “Roll Over” Your IRA
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Estate Planning Attorney A long-standing rule about how many IRA-to-IRA “rollovers” a taxpayer can make in a single year has changed, generally speaking. Read this post to avoid unnecessary taxes and penalties. A rollover means moving funds from one IRA to another. The longstanding […]
The Marital Deduction: A Valuable Estate Planning Tool
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Estate Planning Law Attorney The federal estate tax marital deduction is one of the most important estate planning tools available to a married couple. The basic marital deduction rule is that, upon the death of the first spouse, the value of any interest in […]
A Guardian or Power of Attorney Who Assumes a Duty to Care for a Person Over Age 60 Can Be Charged With Elder Abuse in New Jersey
By Fredrick P. Niemann of Hanlon Niemann, a Freehold New Jersey Elder Abuse Attorney Crimes against those who cannot realistically defend themselves are considered particularly offensive because of the one-sided nature of the relationship, especially in cases involving the aged and the disabled. One of the most common offenses involves endangering the welfare of the […]
The Bank Says I Need Guardianship for Mom
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Guardianship Attorney I hate the arrogance of many banks and brokerage firms. They often times make my professional life and that of my clients difficult, especially when it comes to Powers of Attorney (POA’s). Here’s an example of what we typically go through. A […]