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Estate Planning

New Jersey Estate Planning Call Today Toll Free: 855-376-5291

Estate Planning

New Jersey Estate Planning Call Today Toll Free: 855-376-5291

A Sad Story of an Estate Plan Screwed Up Because of a Homemade (Internet Store) Will

HNW May 5, 2022 Estate Planning, Last Wills and Testament

A recent inquiry to my office illustrates the risks of a “do it yourself” last will.  Here, the person used a common will software …

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Estate PlanningLast Wills and Testament

Can a Contingent Beneficiary Demand an Accounting?

HNW March 3, 2022 Estate Planning

Can any trust beneficiary can compel a trustee to account? Does the type of contingency make a difference? While trust beneficiaries generally can seek …

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Estate PlanningTrust Law and Litigation

How the SECURE Act Changes Inherited IRA Planning

HNW October 1, 2021 Estate Planning

Federal tax laws which allowed retirement accounts to remain tax deferred by allowing certain beneficiaries to delay the withdrawal of account funds over their …

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Estate Planning

If Someone Dies Immediately Before Signing a Will, Can it Be Salvaged?

HNW September 6, 2021 Elder Care Law, Estate Planning

Can a copy be treated as an original if the original is lost? Is a Will signed electronically during quarantine valid? Traditionally, a deceased …

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Estate Planning

Contracts to Make or Revoke a Will – Preserving Your Estate Plan

HNW August 30, 2021 Elder Care Law, Estate Planning

Many of our couples who seek estate planning execute “sweetheart wills.”  That is, each executes a will stating that upon the death of the …

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Estate Planning

Gift Taxes vs. Inheritance Taxes: Which is Worse?

HNW August 4, 2021 Estate Planning

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), …

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Estate Planning

When Should I Be Looking to Do an Estate Plan?

HNW April 15, 2021 Elder Care Law, Estate Planning

When you die, you will leave an estate.  Your estate is comprised of everything you owned, saved and accumulated during your life.  It is …

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Estate Planning

Is an Inherited IRA Protected from Bankruptcy and Creditors?

HNW April 9, 2021 Elder Care Law, Estate Planning

New Jersey has fraudulent transfer laws that prevent property “made in trust” for a debtor to be available to creditors to satisfy their debts.  …

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Estate Planning

Naming a Guardian in a Will

HNW February 10, 2021 Estate Planning, Last Wills and Testament

It is a good idea when drafting a last will and testament that you put language in there appointing a guardian for your minor …

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Estate Planning

What is a “Durable Power of Attorney”, and What Authority Does It Grant? 

HNW November 25, 2020 Estate Planning

A “Power of Attorney” is a written legal document that legally permits a person to make decisions and act for another person.  We call …

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Estate Planning

Can I Control What Happens to My Corpse After My Passing?

HNW September 9, 2020 Estate Planning

While working on health care directives, I have had clients ask me about leaving special instructions for their loved ones on what they can …

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Estate Planning

Hey, Mr. Executor, Know Your Role

HNW July 15, 2020 Estate Administration and Probate, Estate Planning

If you have been named as an estate representative, knowing your responsibilities is very important.  The following article is a general introduction to your …

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Estate Administration and ProbateEstate Planning

Does an Inherited IRA Have Creditor Protection Status Under NJ Law

HNW July 8, 2020 Estate Administration and Probate, Estate Planning

 In some states creditors can seize an Inherited IRA The IRS and Bankruptcy Court(s) can also seize an Inherited IRA This article discusses inherited …

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Estate Administration and ProbateEstate Planning

Taxation of Special Needs Trust Made Simple(er)

HNW June 26, 2020 Estate Planning, Special Needs Trusts for Minor Children and Adults

This article discusses basic tax principles of a Special Needs Trust; hereafter referred to at times as a SNT. Each Type of Special Needs …

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Estate PlanningSpecial Needs Trusts for Minor Children and Adults

To Make a Gift to a Minor Beneficiary, Do You Always Need to Set Up a Trust?

HNW June 10, 2020 Elder Law, Estate Planning

Consider making a gift to a minor by way of the Uniform Transfer to Minors Act or the Uniform Gift to Minors Act instead …

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Estate PlanningTrust Law and Litigation

Your Federal and State Income Taxes Are Not Affected by Creating a Properly Drafted Revocable Trust

HNW June 5, 2020 Elder Law, Estate Planning

A Revocable Trust is a popular estate planning tool. Some people think that creation of a Revocable Trust creates complexity under the tax code. …

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Estate Planning

A Tragic Case of a Young West Point Cadet Who Died Wanting to Preserve His Legacy

HNW June 4, 2020 Estate Administration and Probate, Estate Planning

The parents of a deceased cadet at the West Point Military Academy (“West Point”) who was scheduled to graduate last year was involved in …

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Estate Administration and ProbateEstate Planning

A Will Should Not Include a Personal Property Clause

HNW June 2, 2020 Elder Law, Estate Planning

Personal property items should be discussed in your Last Will. Do not itemize personal property in your Will, but rather create a list of …

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Estate PlanningLast Wills and Testament

If the Federal Estate Tax Exemption is Reduced in the Future, Will Your Estate Be Penalized?

HNW May 28, 2020 Elder Law, Estate Planning

Today the Federal Estate death tax exemption is very high. Only the very wealthy are subject to federal death taxes. The law may change …

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Estate PlanningLast Wills and TestamentTrust Law and Litigation

Remote Notary Act Memo

HNW May 4, 2020 Contract Law, Estate Planning

Recently, New Jersey law changed to allow attorneys and notaries to notarize documents over video conference. This is important for business owners who need …

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Contract LawEstate Planning

To POLST or Not to POLST?  Your Answer May Kill You!

HNW April 30, 2020 Estate Planning

POLSTS are simple forms which can help patients express their wishes in the event they cannot express them for themselves. A “POLST” is a …

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Estate Planning

Guardianship of Young Children in Your Last Will When You’re Foreign Born and No Family Members Live in the US

HNW January 13, 2020 Estate Planning, Will Contest and Probate Litigation

NJ has many foreign-born parents with minor children If a foreign-born parent dies can they appoint a guardian for their children from their home …

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Estate PlanningWill Contest and Probate Litigation

A Florida Resident’s Friend Who Lives in New Jersey May Not Serve as Personal Representative

HNW December 20, 2019 Elder Law, Estate Planning

With so many individuals moving to Florida, they often ask me about Florida’s elder law issues and questions.  One thing unique in Florida is …

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Estate Planning

Leaving an IRA to a Loved One? How to Avoid a Tax Bomb

HNW November 8, 2019 Applying for Medicaid Long Term Care Benefits, Elder Law

An IRA trust is a terrific way to protect your IRA from wasteful spending by beneficiaries if you die Federal IRA tax laws require …

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Applying for Medicaid Long Term Care BenefitsEstate Planning

Selecting The Right Person(s) to Be the Guardian of Your Child(ren)

HNW November 1, 2019 Elder Law, Estate Planning, Guardianship Law

Deciding who should be the guardian of your kids is a tough decision Close family members are not always the best choice This article …

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Estate PlanningGuardianship Law

If You Have a Trust, Do You Also Need a Last Will?

HNW August 16, 2019 Elder Law, Estate Planning, Will Contest and Probate Litigation

If you have a living trust in place, why would a person need a will?  The answer straightforward :  You need a last will …

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Estate PlanningWill Contest and Probate Litigation

Medicaid Gifting Rules and the Annual Federal Gift Tax Exclusion Are Unrelated: Don’t Be Confused!

HNW July 19, 2019 Elder Law, Estate Planning, Medicaid Eligibility and Asset Protection Planning

I’ve written numerous posts about Medicaid gifting and the misconceptions surrounding the annual gift tax exclusion rules. Generally, I’m asked the question whether New …

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Estate PlanningMedicaid Eligibility and Asset Protection Planning

A DNR (Do Not Resuscitate) Order is Legal in New Jersey Without a Terminal Illness

HNW June 14, 2019 Elder Law, Estate Planning

  We’ve all heard about a “Do Not Resuscitate Order” (DNR) but probably don’t know (precisely) what it means, or how it applies to …

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Estate PlanningPowers of Attorney and Health Care Directives

No Contest Clause in Will Can Be (Un)enforceable in New Jersey

HNW June 7, 2019 Elder Law, Will Contest and Probate Litigation

Many clients want to avoid challenges to their Last Will and Trust.  They are generally concerned about some family member who is “all about …

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Estate Planning

Can You Exclude Your Ex-Spouse as the Guardian for Your Children After Separation/Divorce in Your Will/Trust?

HNW October 12, 2018 Elder Law, Estate Planning, Will Contest and Probate Litigation

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Guardianship and Estate Planning Attorney A client was referred to me …

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Estate PlanningWill Contest and Probate Litigation
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3499 Route 9 North, Suite 1F
Freehold, NJ 07728
Phone: (732) 863-9900
Phone (Toll Free): (855) 376-5291
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  • Home
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    • About Hanlon Niemann & Wright Law Firm and Our Attorneys
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    • Elder Law, Disability and Guardianship Rights
    • Medicaid Eligibility and Protecting Assets from a Nursing Home
    • Estate Planning, Wills & Trusts
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