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Pages

• About Hanlon Niemann & Wright Law Firm and Our Attorneys
  • About Our Attorneys
    • Christopher J. Hanlon, Esq.
    • Fredrick P. Niemann, Esq.
  • Contact Us
  • Disclaimer
  • Firm News
  • Free Guides & Newsletters!
  • Issues and Questions by Avvo Readers
  • Location and Directions
  • Newsletter From
  • Our Philosophy
  • Privacy Policy
  • Upcoming Speaking Events
  • Video Library
  • Virtual Office
  • Web Resource Links
• Additional Practice Areas
  • Adoption Lawyer in NJ
    • A Landmark NJ Adoption Case
    • Adoption and Foster Care Laws
    • Adoption Placement of Children by Relatives in NJ
    • Adoption Tax Credits
    • Adult Adoptions – Yes, You’ve Read This Correct
    • Biological Parent Objections to an Adoption
    • Gay & Lesbian Adoptions
    • Grandparent Rights in an Adoption Case
    • NJ Adoptions FAQ
    • Opposing Adoptions – You Must Be Prepared!
    • Stepchild Adoption Checklist
    • Types of Adoption in New Jersey – Agency or Private
  • Appeal Law in New Jersey
    • Appealing a Municipal Court Judgment
    • Appealing a Superior Court Judgment to the NJ Appellate Court
    • Filing an Appeal with the NJ Supreme Court
  • Appealing a Municipal Court Conviction/Decision
  • Charged With a Drug Offense(s)
  • Charged With an Alcohol Related Offense
  • Charged With Being an Unlicensed Driver
  • Charged With Being an Unlicensed Driver
  • Charged With Consumption of Alcohol While Driving
  • Charged With Criminal Mischief and Vandalism
  • Charged with Disorderly Conduct
  • Charged With Disorderly Conduct in NJ Juvenile Court
  • Charged With Failing to Have Insurance
  • Charged With Harassment
  • Charged With Non-Driving Alcohol Offenses
  • Charged with Obstruction of Justice or Resisting Arrest
  • Charged With Reckless or Careless Driving
  • Charged With Shoplifting or Theft
  • Charged With Speeding
  • Charged With Theft or Shoplifting
  • Charged with Underage Drinking
  • Defending a Charge of Assault
  • Defending a Charge of Assault
  • Defending a Criminal Mischief Matter
  • Defending Restraining Orders in NJ
  • Defense Against NJ and Out-of-State Traffic Tickets
  • Driving With Suspended or Revoked License
  • Final Restraining Order Hearing
  • Government Representation Before Municipal, County and State Agencies
  • House Arrest and NJ Juvenile Court System
  • How to Obtain a Temporary Restraining Order
  • Juvenile Court vs Municipal Court: Who Controls?
  • License Suspension for Drug Offense
  • Motion to Suppress Evidence in Municipal Court
  • NJ Points Assessed for Traffic Violations
  • Personal Injury and Negligence Cases
  • Possession of a Firearm by a Minor
  • Possession or Consumption of Alcohol in Public
  • Pre-Trial Discovery of Evidence for Use in Municipal Court
  • Pre-Trial Motions
  • Preparing for the Final Restraining Order Hearing
  • Probation Sentencing in the Juvenile Court System
  • Progression of a Municipal Court Case and Trial
  • Representation in Your DWI or DUI
  • Representation of Your Drug Offense
  • Restoration of a Suspended NJ Driver’s License
  • Restraining Order Violations
  • Sentencing & Punishment in NJ Juvenile Courts
  • Summary of Fines, Penalties and Jail Time for Conviction
  • The Rights of the Accused
  • Traffic Ticket Defense
    • Charged With Being an Unlicensed Driver
    • Charged With Consumption of Alcohol While Driving
    • Charged With Failing to Have Insurance in New Jersey
    • Charged With Reckless or Careless Driving
    • Charged With Speeding
    • Driving With Suspended or Revoked License
    • Leaving the Scene of an Accident
    • License Suspension for Drug Offense
    • Points Assessed for Traffic Violations in NJ
    • Representation in Your DWI or DUI
  • Underage Drinking & Alcohol Possession Charges
  • Understanding the Juvenile Court System
• Appealing Managed Care Decisions Under MLTSS
• Blog
• Business Law Practice Areas
  • Arbitration Hearings and Disputes
    • Appealing or Confirming an Arbitration Award
    • How the Arbitration Process Works in New Jersey
    • NJ Arbitration Questions and Answers
    • The Federal Arbitration Act
    • What are the Advantages and Disadvantages of Arbitration?
  • Business and Corporate Legal Services
    • Glossary of Terms Used in New Jersey Business and Corporation Law
  • Business Succession Planning
    • Buy Sell Agreements: An Overview
    • Learn Other Ways to Exit Your Business
    • Selling to the Key Employees of Your New Jersey Business
    • Selling to Your Partner: Cross Purchase Agreements
    • Selling Your Interest in a Business: Redemption Agreements
    • Transfer Your Business to a Child or Family Member(s)
  • Buying a Business
    • Buying a Manufacturing Business
    • Buying a Service Business
    • Buying a Wholesale or Distribution Business
    • Buying an Existing NJ Franchise Business
    • Buying an Internet Business
    • Due Diligence When Buying a Business
    • How to Buy a Retail Business in New Jersey
    • How to Value a Business Before Making an Offer
    • Learn How to Buy a Gas Station
    • Learn How to Buy a Liquor Store
    • The Purchase Contract – The Critical First Step
    • What Happens if You Breach a Contract to Purchase a Business
    • What to Do After You Buy a Business
  • Contract Law
    • Assignments of Contract – The Basics
    • Breach of Contract – Lawsuits
    • Co-Signing a Loan
    • Defenses to Enforcement of a NJ Contract
    • Importance of Consideration in an Enforceable NJ Contract
    • Modifying a Contract – The Details
    • Negotiating and Writing a Contract – A Checklist of Considerations
    • Selecting the Choice (of Law) in Your Contracts
    • The Law of Breach of Contract
    • The Offer and Acceptance Are Critical to Contract Format
  • Covenants Not to Compete and Restraints Against Competition
    • Competing Against Your Employer: Is it Allowed?
    • Enforceability of a Covenant Not to Compete
    • FAQ About Covenants Not to Compete
    • What Happens if You Breach a Covenant Not to Compete?
  • Employment Law
    • Non-Compete Agreements
    • Severance Agreements and Packages
    • Unlawful Discrimination
    • Unlawful Harassment
    • Whistleblower Protection
    • Wrongful Discharge and Termination
  • Franchise Law
    • Buying a Franchise in NJ
    • Buying or Selling an Existing NJ Franchise Business
    • Franchises vs. Distributorships – What’s the Difference?
    • Important Franchise Terms You Need to Know
    • Prohibited Franchise Practices Under NJ Law
    • What You Should Know About Franchise Law and Distributor Agreements
  • Fraudulent Transfer Litigation
    • Damages and Remedies in Fraud Cases
    • Defend Against a Claimed Fraudulent Transfer
    • Providing a Fraudulent Transfer Under NJ Law
  • Limited Liability Company (LLC’s) Law
    • Bad Faith Expulsion of a LLC Member
    • Dissolution of a NJ LLC
    • Formation of a NJ LLC
    • Glossary of Terms Used in New Jersey LLC Law
    • Membership and Voting Rights in an LLC
    • NJ LLC FAQ
    • Operating Agreement vs. Member Rights in a Lawsuit
    • Protecting the Limited Liability of an LLC Member
    • Use of LLC Funds in Legal Disputes
    • Who is Responsible for LLC Debts
  • Partnership Rights Litigation
    • Glossary of Partnership Terms & Vocabulary
    • Lawsuits Among Partners
    • Minority Partner Protection
    • Partner Acts That Bind and the Partnership
    • Partnership and Limited Partnership Differences
    • Partnership Law Overview
    • Rights of Partners Who Leave the Partnership
  • Selling a Business
    • Are You Building a Business Worth Buying?
    • Avoid These Nine Common Mistakes When Selling Your NJ Business
    • Documents & Information Required to Sell a Business
    • Negotiating the Deal: Key Legal Points
    • Selling Ownership of an Existing Franchise in NJ
    • The Burning Questions Every Buyer Wants Answered
  • Shareholder Rights Litigation
    • A Shareholder’s Agreement Defines Many Shareholders’ Rights
    • Defending Against Unhappy Shareholders
    • Minority Shareholder Rights: The NJ Oppression Statute
    • Shareholder Fights: The Power of the Courts to Resolve
    • Shareholder Rights Created Under New Jersey Shareholder Laws
• Elder Law Practice Areas
  • A Last Will and Testament is Important
    • Dying Without a Will in NJ
    • Estate Planning Before You Remarry
    • Frequently Asked Questions (Q&A) About a Last Will
    • Glossary of Terms in This Website
    • How to Amend or Revoke Your Last Will
    • Selecting the Right Executor and Trustee for Your Last Will
    • The Importance of Beneficiary Designations to Your Estate Plan
    • Want a Detailed Discussion About Wills? Read This Page.
  • Appealing a Threatened Discharge from a Nursing Home or Assisted Living Residence
  • Appealing the Denial of Medicaid Long Term Care Benefits
    • The Adventure of Life
  • Applying for Medicaid Long Term Care Benefits
    • Assistance for Your Medicaid Application
    • Establishing Eligibility in Your Medicaid Application
    • Medicaid Application Process in New Jersey
    • Medicaid Planning FAQ
    • NJ Medicaid Planning
    • Understanding a Qualified Income Trust (QIT) and Its Use Qualifying for Medicaid
  • Dementia & Alzheimer’s Law
    • 9 Crucial Steps to Alzheimer’s Planning
    • Free Alzheimer’s Resources
    • Glossary of Terms for Alzheimer’s and Dementia
    • Help for Paying for Alzheimer’s Care
    • The 3 Biggest Mistakes in Alzheimer’s Care
    • The Journey We Call Life: It’s Not Always Fair
    • The Progression of Alzheimer’s – Early to Late
  • Elder Abuse and Financial Exploitation
    • Bill of Rights for the NJ Elderly
    • Challenging a “Gift” and Transfers of $$$ Because of Incapacity
    • Defending Yourself Against Claims of Elder Abuse
    • Endangering Welfare of an Elderly or Disabled Person
    • FAQ About Elder Abuse in NJ
    • Glossary of Terms Used in NJ Elder Abuse
    • Initiating a Protective Guardianship Proceeding
    • NJ Laws That Punish Elder Abuse
    • Nursing Home Assisted Living Abuse
    • Profile of the Victim and the Abuser
    • Protective Action You Can Take Now
    • Signs of Elder Abuse & Financial Exploitation
  • Elder Care Law
    • Elder Care and Estate Administration, Probate
    • Elder Care and Estate Planning in New Jersey
    • Elder Care and Medicaid Asset Protection Planning
    • Elder Care and Protection Against Elder Abuse and Exploitation
    • Elder Care and Your Health Care Directive and Living Will
    • Elder Care Law And Appealing Denial of Medicare Coverage
    • Elder Care Law and Your Last Will or Trust
    • Elder Care Laws Involving Guardianships and Conservatorships
    • Glossary and Definitions of Terms Used in NJ Elder Care
    • Probate, Estate and Trust Disputes and Elder Law
    • The Use of a Power of Attorney for Elder Care
  • Estate and Probate Administration Services
    • Claims By and Against Fiduciaries Including Executors, Trustees and Administrators
    • Easy to Follow Checklist of Things to Do When a Person Dies and the Estate Needs to Be Probated
    • Estate & Trust Litigation During Probate, Estate Administration
    • Final Thoughts on New Jersey Estate Administration and New Jersey Probate Law
    • Frequently Asked Questions (FAQ) About Probate Estate Administration
    • Here’s a Guideline of Responsibilities for the Executor to Follow
    • How to Finalize and Wind Up a Probate Estate
    • Objections to a Last Will and/or the Appointment of the Executor or Administrator of the Estate
    • The Transfer of Assets to Beneficiaries
    • What Happens if a Person Dies Without a Will or Trust in NJ?
  • Estate Planning and You
    • Checklist for Estate Planning
    • Dying Without a Will
    • Estate Planning for Blended Families and Second Marriages
    • Estate Planning With a Last Will and Trust
    • Gifting Strategies
    • Inheritance Taxes in New Jersey
    • NJ Surrogate’s Telephone Directory
    • Penalty-Free Withdrawals from Qualified Retirement Plans and IRA’s
    • Planning for Aging and Chronic Illness
    • Shielding an Inheritance From Creditors by Using an Irrevocable Trust
    • The Expedition We Call Life
    • The Importance of Legal Title and Beneficiary Designations
    • The Value Proposition; Why Having Fredrick P Niemann Esq. Can and (Likely) Will Save You Money in Your Estate Planning
  • Hospice Care Planning
    • Electing or Revoking Hospice Care (FAQ)
    • Hospice Means Get Your Legal Affairs in Order Now!
    • Hospice, Medicaid and NJ Estate Planning (FAQ)
    • How Hospice and Estate Planning Work Together
    • Importance of Having a Living Will in the Dying Process
    • NJHPCO Member Hospices
    • Protect Your Income and Assets for Those You Love After Your Gone
    • Who Pays for Hospice Services (FAQ)
  • Medicaid Eligibility and Planning Strategies to Protect Assets and Income
    • Appealing the Denial of Your Medicaid Application
    • Applying for Medicaid in New Jersey
    • EMERGENCY! Mom or Dad Need a Nursing Home NOW! Is It Too Late to Save Their Money?
    • Getting Divorced to Avoid Medicaid: A Good Idea?
    • Glossary of Terms Used in NJ Medicaid
    • Help for Paying for Skilled Medical Care
    • Medicaid FAQ
    • Need Assistance With NJ Medicaid?
    • Techniques to Protect Your Assets & Income
    • Why Consult With a Medicaid Eligibility Attorney?
  • New Jersey Guardianship Law
    • Alternatives to a NJ Guardianship
    • Claims of Elder Financial Abuse and Exploitation Against a Guardian
    • Defending Yourself as a Guardian Against Claims of Elder Financial Abuse
    • Detailed Discussion of NJ Guardianship Procedures
    • Glossary of Guardianship Terms
    • Guardianship FAQ
    • Guardianship Fights
    • Guardianship of a Minor or Incapacitated Adult When a Parent Guardian Dies
    • How to Fight and Stop a Guardianship Case
    • Introduction to NJ Guardianship Laws
    • Learn the Benefits and Disadvantages of Guardianships
    • Life is a Journey
    • Powers and Duties of Court Appointed Guardians
  • Powers of Attorney and Health Care Directives
    • A PowerPoint Presentation on Medical Directives and Living Wills
    • A PowerPoint Presentation on NJ Powers of Attorney
    • Health Care Directives and Living Wills at a Glance
    • Important Facts About a Power of Attorney
    • Our Campaign Through Life
    • The Value Proposition
  • Public Benefits Law for Special Needs and Disabled Persons
    • Accessing Services for Families with a Minor Child with a Disability
    • Accessing Services for Minors and Adults with a Mental Illness
    • Accessing Services from the Division of Developmental Disabilities (DDD)
  • Special Needs Trusts for a Minor Child and Adult Incapacitated Person
    • ABLE Accounts
    • Administration and Handling of a New Jersey SNT
    • Advantages of a SNT
    • FAQs About Special Needs Trusts in NJ
    • Helping a Grandchild Through a SNT
    • Income Tax & Other Tax Issues Relating to a Special Needs Trust
    • Protecting a Personal Injury Settlement With a SNT
    • Protecting an Aging Child or Person With a SNT
    • SNT Glossary of Terms
    • SNT’s and Pooled Trusts in NJ
    • Understanding a Special Needs Trust in New Jersey
    • When Not to Use a Special Needs Trust
  • Trusts and How They’re Used in New Jersey
    • Dying Without a Trust in NJ
    • How to Choose the Right Trustee
    • Modifying an Irrevocable Trust
    • NJ Trust Q&A
    • NJ Trusts Glossary
    • Protecting Your Child’s Inheritance With a Trust
    • Protecting Your Interests in Trust Litigation
    • Serving as a Trustee/Co-Trustee and Defending Claims Made Against You as the Trustee
    • Trusts and Inheritance Taxes
    • Trusts Are Terrific Vehicles for Gifting
    • Trusts in Marriage and Remarriage
    • Use Trusts to Defeat Creditors
    • Which Type of Trust is Appropriate for You
  • Veterans Benefits to Pay for Long Term Care Costs
    • Asset Eligibility Requirement for Benefits
    • How to Calculate Your Pension Benefits
    • Income Eligibility Requirement for Benefits
    • Medical Eligibility Requirement for Benefits
  • Will Contest and Probate Litigation Attorneys in NJ
    • Can You Disinherit Your Spouse?
    • Can You Get a Court to Change a Will or Trust? Is it Possible to Win Such a Case?
    • Challenging the Wrongful Transfer of Assets and $$$ Before or After the Death of a Person
    • Claims of Undue Influence and Lack of Capacity Before & After Death
    • Defending Claims Being Made Against You as Executor, Administrator or Trustee
    • Estate Litigation When a Person Dies Without a Will or Trust in New Jersey?
    • FAQs About Probate Estate Litigation
    • Grounds to Challenge an Executor or Administrator
    • How Beneficiaries Can Change Who Gets What $$$
    • Learn the Signs of When to File a Will Contest Probate Lawsuit
    • Objecting to the Probate of a Last Will
• Real Estate Law Practice Areas
  • Construction or Material Lien Law
  • Eminent Domain and Condemnation Attorney
  • Landlord Tenant Laws
    • Avoiding Legal Fees and Court Costs in Tenancy Court
    • Banning Sex Offenders From Your Community
    • Can You Prohibit Tenants from Smoking Pot in Their Apartments?
    • Community Owners: A Must Read for All
    • Complying with the Notice to Cease Rules
    • Condemnation of Mobile Home Parks by Government
    • Construction Code Laws & Mobile Home Communities
    • Dealing with Late Payments of Rent – How Late Is Late?
    • Dealing With Section 8 Tenants
    • Disability Act Under New Jersey Law
    • Employee Eviction After Their Employment Ends
    • Employment War Stories
    • Housing for Older People
    • How to Deal with Abandoned Homes
    • Landlord Sues Tenant, And Wins
    • Military Service Tenants; They Can Be Complicated
    • Mobile Home Decontrol Ruling: It’s a Big Deal
    • Occupancy Control Under NJ Law
    • Reserved Parking for Handicapped Persons
    • Summary of Law Related to Reasonable Accommodations for Animals: Even Dogs Seem to Have Rights
    • Supreme Court Rules on Consumer Fraud Action Against Landlords
    • Tenants Sue Landlord and the Outcome Is…
    • Termination of a Lease Based on Severe Illness
  • New Jersey Foreclosure Lawyer
    • Avoid Foreclosure Through Short Sales
    • How the Foreclosure Process Works
    • Stop Your Foreclosure Today
  • Zoning and Land Use Law in New Jersey
    • Appealing a Variance Denial or Approval in NJ
    • Application Process Before a Municipal Zoning Board of Adjustments or Planning Board
    • Glossary and Definitions of Terms Used in NJ Zoning Law
    • How to Apply for a Zoning Permit
    • Introduction to the “C” Variance and NJ Zoning Law
    • Introduction to the “D” Variance and NJ Zoning Law
    • Objecting to a Variance Application in NJ
    • Obtaining a Variance for a Non-Conforming Use or Structure
• Welcome to Hanlon Niemann & Wright Law Firm