Federal Medicaid Law Prevents a Nursing Home from Billing You Directly

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, Monmouth County, NJ Elder Law & Medicaid Attorney I read an interesting case, which frankly brought up an issue I had not contemplated which is; must a medical service provider (i.e., a doctor, hospital x-Ray technician) bill a Medicare/Medicaid patient directly for services […]

An Equitable Adoption?  You Are Either Legally Adopted or You Are Not.  There is No In-Between. (Part 1)

By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County, NJ Adoption Attorney Part 1 of a 2 Part Series Adoptions are a very serious matter, yet there is no shortage of interesting cases under the law of adoption(s).   One might think that an adoption fits the description of a straightforward proceeding involving adoptive parents, […]

How Guardians Are Compensated in New Jersey

By Fredrick P. Niemann, Esq. a NJ Guardianship Attorney Guardians are reimbursed for expenses, and paid for their services, from the assets of the person they are taking care of. Payments must be “reasonable” in the eyes of a court. Generally, payments are only made to professional or public conservators, but a family member who […]

Claims of Undue Influence, Coercion and Duress in Elder Financial Exploitation Lawsuits

By Fredrick P. Niemann, Esq. a NJ Elder Abuse and/or Financial Exploitation Attorney The most commonly used theory for law suits filed by Hanlon Niemann in cases involving elder financial exploitation are undue influence (https://www.elderabuseinnj.com/challenging-gift-undue-influence/), coercion and duress. These legal theories claim that the elderly victim, when executing a legal document or otherwise, was unable to […]

What is the LLC Buy-Out Standard?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey LLC Attorney The New Jersey Revised Uniform Limited Liability Act (RULLA) contains an express provision granting relief to oppressed minority LLC members.   The current LLC Act authorizes the remedy of a buy-out in lieu of dissolution.  Unlike the […]