What Happens If I Can’t Find the Original Will?
It is often the case that when somebody passes away, they misplace their Will, or don’t tell their family where they put the original …
Power of Attorney Overrides Principal’s Decision Making in Absence of Guardianship
Watch this informative video as Fredrick P. Niemann, Esq. discusses an issue that can arise when a Power of Attorney combines both a Healthcare …
What to Do When a Person Cannot Physically Sign a Last Will and Testament
Recently, a client wanted to sign her Last Will but because of a stroke and inability to speak; she was unable to sign it. …
A Medicaid Application Can Be Like a Tax Audit
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 …
Can a Surviving Spouse Avoid Probate in NJ When the Estate Value is Small?
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 …
Court Ordered Alimony: Can Medicaid Deny Alimony Payments to a Community Spouse?
I was recently asked if I knew of any statutory or other persuasive authority supporting the allowance of court-ordered spousal support (alimony) as a …
Is My Primary Residence Exempt Under NJ Medicaid if it Also Includes Two Rental Units?
The short answer is yes, I believe. New Jersey’s regulation N.J.A.C. 10:71-4.4 states that “[a] house occupied by the individual as his or her …
To Qualify for Retroactive Medicaid Eligibility, You Must Be Resource and Income Compliant
To receive retroactive Medicaid eligibility, you must meet the eligibility requirements for the months prior to the application. Retroactive benefits are useful for applicants …
Pay All Bills Before the Death of a Special Needs Trust Beneficiary
Sadly, the beneficiary of a Special Needs Trust will be dying soon will necessitate winding up the trust. Payments will be owed to creditors …
Gift Taxes vs. Inheritance Taxes: Which is Worse?
Generally, there is no income tax imposed upon assets beneficiaries inherit. However, when they later sell inherited assets, (i.e., appreciated securities and real estate), …
Can You Transfer Your Home With a Mortgage to a Trust Without Jeopardizing Your Bank Loan?
There is a Federal law called the Garn-St Germain Act. Federal Regulations exempt transfers to trusts in which the transferor or a member of …
Understanding the NJ Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
What happens if parents who are guardians of their disabled adult child moved to NJ from another state and want to know about the …
Who is Entitled to Be the Guardian of a Minor Child(ren) When a Parent Dies?
In this video, NJ Guardianship Law Attorney, Fredrick P. Niemann, Esq. discusses the rights of a surviving parent and family members to be Guardian …
Trustee Discretion
NJ Trust Law Attorney, Fredrick P. Niemann, Esq. talks to you about the term “trustee discretion” and how it impacts trustee decisions based on …
Document a Loan to Your Parent Before You Apply for Medicaid
In this video, Fredrick P. Niemann, Esq., a NJ Medicaid attorney, discusses the importance of documenting a loan to parents to pay for long-term …
The Importance of Notifying Social Security Upon the Death of a Spouse or Parent
In this video, Elder Care Attorney, Fredrick P. Niemann, Esq. discusses the importance of notifying Social Security upon the death of a spouse or …
How to Gain Access to a Safe Deposit Box Upon the Death of a Person
By Fredrick P. Niemann, Esq.
You Can Refuse to Financially Support Your Spouse if They Need a Nursing Home
You can a refuse to provide financial assistance to your declining spouse who is in need of nursing home care. By Fredrick P. Niemann, …
Medicaid Services Under the PPP Program
A close family member or friend can be paid by NJ Medicaid to provide home care services. Learn about the PPP Program. By Fredrick …
Medicaid in NJ Does Not Pay for Full-Time Home Care
What will Medicaid cover if a person in need of a nursing home wants to stay at home? By Fredrick P. Niemann, Esq.
Yes, You Can Still Sign Legal Documents After Being Diagnosed With Alzheimer’s/Dementia
By Fredrick P. Niemann, Esq.
Can a Person with Alzheimer’s or Dementia Legally Sign a Will or Trust?
By Fredrick P. Niemann, Esq.
Should You Apply to be the Administrator of a Deceased Person’s Estate Who Died Without Having a Will?
Before You Apply to Be an Administrator of an Estate, Make Sure You Are Financially Qualified to Be Bonded and Will Be Approved by …
An Executor or Administrator is Allowed to Make Partial Distributions of Estate Property During Probate
By Fredrick P. Niemann, Esq.
Learn About the Inheritance Rights of a Surviving Spouse and Children of a Deceased Parent
By Fredrick P. Niemann, Esq.
Tuesday’s Tip: Mental health issues in college kids
Fred Niemann here with Tuesday’s legal tip of the day. Following last week’s legal tip of the day on college kids, today’s tip has …