NEW JERSEY LAW NOW HOLDS EXECUTORS AND TRUSTEES POTENTIALLY LIABLE FOR DAMAGES

HNW Elder Law, Firm News, Probate

Punitive Damages Okayed in Probate Dispute Case: By Fredrick P. Niemann, Esq. a New Jersey Probate Dispute attorney Our New Jersey Supreme Court has ruled under what circumstances punitive damages can be awarded against a fiduciary involved with Wills, Trusts, Probate proceedings and lifetime transfers.   A lawsuit was filed against a doctor who was alleged to have persuaded an elderly woman to transfer a large home in Spring Lake, New Jersey to him in lieu of the local Volunteer First Aide Squad who was the prior testamentary beneficiary under her Last Will and Testament.  In its analysis, the Court concluded that the remedy of punitive damages is limited to situations where an individual (who is essentially a stranger to …

Politically Correct Language is an Inappropriate Policy; Harassment Policy Violates Free Speech

HNW Firm News

When a male graduate student pursuing a degree in military history was inclined to speak his mind in classroom discussions about women in combat and women in the military more generally, he felt inhibited by the university’s broadly worded policy on sexual harassment. In pertinent part, the policy stated that “all forms of sexual harassment are prohibited, including… expressive, visual, or physical conduct of a sexual or gender-motivated nature, when… such conduct has the purpose or effect of unreasonably interfering with an individual’s work, educational performance, or status; or such conduct has the purpose or effect of creating an intimidating, hostile, or offensive environment.”  The student sued the university to prohibit the enforcement of the policy on the ground that …

Where has or will Mr. Niemann be speaking on topics of interest to you

HNW Firm News

Fredrick P. Niemann, Esq. was recently the featured speaker in Colts Neck, NJ at a seminar entitled Investments & Estate Planning for Trusts and Wills for High Net Worth Individuals.  He spoke on the current state of federal and NJ tax laws and how to protect family assets from catastrophic illness. If you would like Mr. Niemann to speak before your group or to your facility staff, please contact him at fniemann@hnlawfirm.com/ or 732-863-9900.  We can create an interesting, informative and customized seminar complete with PowerPoint presentation on many topics of interest to your organization. PLEASE CONTACT FACILITY 24 HOURS IN ADVANCE TO CONFIRM. 2010 Holiday Luncheon Celebration with Right at Home Co. Sponsored with Care One East Brunswick and …

Fredrick P. Niemann, Esq. accredited by US Veteran’s Administration

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Fredrick P. Niemann, Esq. of Hanlon Niemann, P.C., a Freehold Township, NJ law firm with a significant elder law practice, was accredited by the US Veteran’s Administration as a certified attorney accredited to file, prepare, counsel and assist veterans and their families in Aid and Attendance pension benefits.  This pension is extremely valuable to NJ’s struggling families facing large and increasing long term care costs for assisted living and nursing home care.  It is a pension available to aging veterans 65 and older as well as veterans who are disabled or blind, and their surviving spouses.  Monthly benefits can exceed $1,880 per month. Benefits for Aid and Attendance are seldom applied for by eligible veterans, and Mr. Niemann is actively …

Attorney, Fredrick P. Niemann of Hanlon Niemann, Freehold, NJ Listed in Peer Review Rating

HNW Firm News

Fredrick P. Niemann, Esq., founding partner of Hanlon Niemann, has been listed by the prestigious Martindale-Hubbell as “peer review” rated for 2008. The peer review rating process evaluates lawyers in the U.S. and Canada and is based solely upon the comments, opinions and ratings of attorneys familiar with the nominated professionals.  A Martindale-Hubbell peer review rating attests to a lawyer’s legal ability and professional ethics and reflects the confidential opinions of the bar and the judiciary. Mr. Niemann was reflective when notified of the nomination.  “I work extremely hard for my clients as do all the members of the firm.  On behalf of my co-workers and professionals at the firm, we gratefully acknowledge this recognition.” Mr. Niemann’s work is primarily …

Press Release

HNW Firm News

FOR IMMEDIATE RELEASE Hanlon Niemann Receives 2008 Best of Freehold Award U.S. Local Business Association’s Award Plaque Honors the Achievement WASHINGTON D.C., July 17, 2008 — Hanlon Niemann has been selected for the 2008 Best of Freehold Award in the Real Estate Management category by the U.S. Local Business Association (USLBA). The USLBA “Best of Local Business” Award Program recognizes outstanding local businesses throughout the country. Each year, the USLBA identifies companies that they believe have achieved exceptional marketing success in their local community and business category. These are local companies that enhance the positive image of small business through service to their customers and community. Various sources of information were gathered and analyzed to choose the winners in each …

Hanlon Niemann Attorney Named to 2008 NJ Super Lawyers List

HNW Firm News

On November 6, 2007, Christopher J. Hanlon, Esq. of Hanlon Niemann was named to the 2008 New Jersey Super Lawyers List.  Only five percent of New Jersey attorneys are chosen each year based on the multiphase selection process. For more information, contact Christopher J. Hanlon, Esq. at CHanlon@hnwlaw.com/.

Recent News

HNW Firm News

November 30, 2007 – Fredrick P. Niemann participated in a seminar hosted by the Mercer County Bar Association entitled “Utilizing Special Needs Trusts in Personal Injury and Matrimonial Settlement”, and successful mediation in Probate Litigation and Family Disputes.

Press Release

HNW Firm News

Freehold, NJ – The National Academy of Elder Law Attorneys (NAELA) has announced that Fredrick P. Niemann, Esq. of Hanlon Niemann, P.C. in Freehold has attended its annual Advanced Elder Law Institute held in Memphis, Tennessee, November 2-4 2007. Some of the highlights of the 2007 NAELA Advanced Elder Law Institute, “It’s Now or Never!” included: Changing issues in Veteran’s benefits facing our aging veterans. Guardianship and elder abuse issues and ways the “system” can be improved to help our elders retain their dignity and remain safe. Cases involving patients who have suffered traumatic brain injury. About NAELA Established in 1987, the National Academy of Elder Law Attorneys (NAELA) is a non-profit association that assists lawyers, bar organizations and others. …

IRS Requires Estates of Small Business Owners to Post Bond(s) for Payment of Estate Tax Under Sec. 6166

HNW Firm News

Estates holding a closely held business interest valued at greater than 35 percent of the adjusted gross estate can elect to pay estate taxes in installments. The rules also permit the IRS to require the estate to post a surety bond to secure the government’s interest in the deferred tax. The IRS has imposed a policy to make the bond mandatory and the issue was litigated in Tax Court. The Tax Court held that the IRS should apply the bond requirement on a discretionary case-by-case basis. In response, the IRS announced a revision of its policy (IRS Notice 2007-90, 2007-46 IRS 1003) and will apply various factors to determine the need to require a bond. Among the factors to be …