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PROPER ESTATE PLANNING ESSENTIAL IN ENSURING YOUR WISHES ARE HONORED AFTER YOUR DEATH

Friday, January 13th, 2012

By Fredrick P. Niemann, a NJ Estate Planning Attorney

 
The death of a family member can be one of the most stressful periods of a person’s life. Adding to this stress can be conflict among family members over how to honor the deceased. Where should the funeral be held? Who will pay for it? Should the body be buried or cremated? These and many more questions must be answered by family members if the decedent did not elect to create a will or trust indicating their wishes. Unfortunately, family members sometimes disagree as to how the situation should be handled, adding controversy to this already stressful period. Proper estate planning, whether it be creating a will or trust, can help you ensure your wishes are honored and help avoid any disputes among family members

 New Jersey law states that if a deceased individual has not indicated their wishes in a will or trust, the disposition of the body is to be determined by the individual with the  highest priority from the following:

 1. The surviving spouse or partner in a domestic partnership or civil union;
 2. The majority of any surviving adult children of the deceased;
 3. Surviving parent or parents;
 4. The majority of any surviving brothers and sisters of the deceased;
 5. Any other relatives of the decedent, with priority given to closer relatives;
 6. Anyone else acting on behalf of the decedent.

As one can imagine, disputes often arise among interested individuals when it comes time to bury a loved one. Different factors uniquely affect each family, but concerns such as religion, money, and location often come into play. Sometimes disputes arise when there is a second marriage involved, particularly when there are children from both marriages. A properly crafted will or trust will make sure your wishes are met and help avoid any controversy among your family members. Estate planning is a crucial tool that cannot be underestimated. You owe it not only to yourself, but to your loved ones as well to appropriately plan for your funeral and burial arrangements.

Fredrick P. Niemann is an experienced Estate Planning Attorney who has practiced throughout the state of New Jersey. He encourages you to contact him immediately if you have any questions regarding the process of setting up a trust or will. He can be reached toll-free at 855-376-5291 or by email at fniemann@hnlawfirm.com. He looks forward to hearing from you.

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Factors to consider when choosing the right Trustee for Your New Jersey Living Trust

Friday, October 28th, 2011

Fredrick P. Niemann, Esq., a NJ Trust Attorney

Your revocable living trust is much more than just a document that says who gets what percentage of your estate or which specific items that you leave behind when you die. A living trust details how and when heirs are to receive their inheritance, which is to take over any businesses in question, and many crucial issues of your estate. A living trust should be very specific in how your estate is to be administered. Therefore, the choice of a suitable is a very important decision that should be carefully considered in your estate planning process.

How Should You Choose the Trustee of your New Jersey Living Trusts: Choosing a Trusted Friend or Family Member
When selecting a person to be the trustee of your living trust, you need to answer an important question:

 Who can and will step into my place and confidently act as I would in carrying out my wishes?
 It is critically important to select a person that you have full faith and confidence in. You should feel at ease that he or she  would carry out your requests as they are written in your estate planning documents. Some typical choices include a:
 Close family friend
 Close family member
 Child
 Professional trustee
 A licensed professional such as a CPA or attorney

While you may feel completely secure in trusting this huge responsibility for carrying out your wishes to a family member, there are several situations when that is not wise or possible. In that case, your estate planning wishes can be addressed by a trusted outsider.

Living Trusts: Choosing an Outside Trustee

If you do not have a close friend or relative that you feel comfortable with, or if by selecting one of the heirs will cause conflict, then there are other options. You can hire an outside trustee like:

 Your bank
 A trust company
 Your lawyer
 A financial advisor
These professionals are generally experienced and knowledgeable in what is required to be a trustee and can often work more expediently and effectively, which saves the heirs money and time. While there are many benefits to not having a family member involved as the trustee of your living trust; there are also some drawbacks to using a bank, trust company or professional as your trustee.

 Higher fees and expenses
 Minimal estate value of around $700,000

No matter whom you select as your trustee, you want to be sure that you have full confidence in him or her to do exactly as you want, no matter what other people say. There may be heirs who are unhappy with the terms and conditions of the living trust and will try to sway your representative to do as they want. Knowing that you have a strong, trustworthy individual protecting your wishes will provide peace of mind.

If you have any questions about New Jersey Trusts or the role of a trustee in a New Jersey Trust, contact Fredrick P. Niemann, Esq. at 732-863-9900, or fniemann@hnlawfirm.com.  He is happy to meet with you to address your inquiries.  For further information, go to http://www.youtube.com/user/NJElderLawCenter#p/search/0/RHnI7RoPYds to learn more.

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Beware the Beneficiary Form – This is a Four Part Series

Wednesday, September 7th, 2011

Part 1 of 4

By: Fredrick P. Niemann, Esq. an Estate Planning Attorney

Do you think your estate planning is done once you’ve gone to the trouble of making a will or trust? Think again. All your hard work can be undone with a stroke of a pen when you open a bank, brokerage or retirement account. Individuals have the option of naming beneficiaries directly on a wide range of financial products. When the account owner dies, the assets go directly to the beneficiaries named on the accounts, bypassing the sometimes long and costly probate process. The problem: Because these beneficiary designations override your will or trust, they need to be carefully coordinated with your over-all estate plan.

People don’t realize the importance of this. A carelessly named beneficiary on a financial account can cause a loved one to be disinherited, a disabled child to lose government benefits, and heirs to be slapped with a big tax bill. Seeing so many cases like this, I’ve coined a term for it: “bank-teller estate destruction.”

Many people simply don’t remember whom they named as beneficiaries of accounts they opened years ago. Fredrick P. Niemann, a Freehold New Jersey lawyer, tells of one man who wrote a will leaving his entire estate to his long time girlfriend, and on his deathbed recalled that he had certificates of deposit naming relatives, some since deceased, as beneficiaries. The man tried to change the beneficiary designations before he died, but the case is now mired in a lawsuit.

Advisers tend to recommend reviewing all of your beneficiary designations regularly, at least every few years, but certainly after you experience a life-changing event, such as a marriage, divorce, birth or death of a loved one. Job-changers and retirees also take note: Beneficiary designations on retirement plans don’t carry over when you roll a 401(k) to a new employer’s plan or to an IRA, or when you convert a regular IRA to a Roth IRA.

What kinds of accounts can have beneficiaries?

US savings bonds have had forms for naming beneficiaries for 50 years. Bank accounts and certificates of deposit can be made payable on death (POD) to a beneficiary. Same with so called Transfer on Death (TOD) registrations for securities, including stocks, bonds and mutual funds. Life-insurance benefits and retirement –plan assets are paid directly to the beneficiaries named on those accounts.

POD and TOD accounts were devised as alternatives to joint accounts, which also bypass probate. When one owner of a joint account dies, the assets automatically go to the surviving owner. But this is not a particularly safe way to leave funds to anyone because the assets are subject to your co-owner’s whims and creditors.

For more information on beneficiary designation and how they relate to New Jersey probate and estate planning, please contact Fredrick P. Niemann, Esq. toll-free at (888) 800-7442 or email him at fniemann@hnlawfirm.com. In our next post we will address who can be listed on a beneficiary designation form.

Do you think your estate planning is done once you’ve gone to the trouble of making a will or trust? Think again. All your hard work can be undone with a stroke of a pen when you open a bank, brokerage or retirement account. Individuals have the option of naming beneficiaries directly on a wide range of financial products. When the account owner dies, the assets go directly to the beneficiaries named on the accounts, bypassing the sometimes long and costly probate process. The problem: Because these beneficiary designations override your will or trust, they need to be carefully coordinated with your over-all estate plan.

People don’t realize the importance of this. A carelessly named beneficiary on a financial account can cause a loved one to be disinherited, a disabled child to lose government benefits, and heirs to be slapped with a big tax bill. Seeing so many cases like this, I’ve coined a term for it: “bank-teller estate destruction.”

Many people simply don’t remember whom they named as beneficiaries of accounts they opened years ago. Fredrick P. Niemann, a Freehold New Jersey lawyer, tells of one man who wrote a will leaving his entire estate to his long time girlfriend, and on his deathbed recalled that he had certificates of deposit naming relatives, some since deceased, as beneficiaries. The man tried to change the beneficiary designations before he died, but the case is now mired in a lawsuit.

Advisers tend to recommend reviewing all of your beneficiary designations regularly, at least every few years, but certainly after you experience a life-changing event, such as a marriage, divorce, birth or death of a loved one. Job-changers and retirees also take note: Beneficiary designations on retirement plans don’t carry over when you roll a 401(k) to a new employer’s plan or to an IRA, or when you convert a regular IRA to a Roth IRA.

What kinds of accounts can have beneficiaries?

US savings bonds have had forms for naming beneficiaries for 50 years. Bank accounts and certificates of deposit can be made payable on death (POD) to a beneficiary. Same with so called Transfer on Death (TOD) registrations for securities, including stocks, bonds and mutual funds. Life-insurance benefits and retirement –plan assets are paid directly to the beneficiaries named on those accounts.

POD and TOD accounts were devised as alternatives to joint accounts, which also bypass probate. When one owner of a joint account dies, the assets automatically go to the surviving owner. But this is not a particularly safe way to leave funds to anyone because the assets are subject to your co-owner’s whims and creditors.

For more information on beneficiary designation and how they relate to New Jersey probate and estate planning, please contact Fredrick P. Niemann, Esq. toll-free at (888) 800-7442 or email him at fniemann@hnlawfirm.com. In our next post we will address who can be listed on a beneficiary designation form.

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Cold Feet Cost Groom $150,000

Friday, October 15th, 2010

Fredrick P. Niemann, Esq., a Monmouth County Litigation Attorney

Sometimes even the best laid marital plans go astray. Usually when that happens, litigation does not ensue, but there are precedents for a cause of action for breach of a contract to marry. In one such recent case, a jilted bride-to-be recovered a substantial jury verdict from her fiancée after he called off the planned wedding. It was the second time that the same man had balked at marrying the same woman. This time, he had asked her to pull up stakes in Florida, where she then lived and worked, and move to live with him in Georgia. He also offered her a diamond ring and agreed to pay off about $40,000 in debt that she had accumulated. Only two weeks into the new arrangement, the man called off the wedding, citing his poor health and apologizing for making promises he would not be keeping.

Despite the canceled wedding, the couple stayed together for a few more months. Then the last straw came for the former bride-to-be when she found her boyfriend with another woman. He claimed that he had started his romance with the second woman only after the wedding was canceled, but this claim was belied by evidence that he had given that woman $500 just before his ill-fated marriage proposal to the plaintiff.

The plaintiff sued for breach of contract, seeking damages for financial and emotional harm. While it may seem that the most obvious injury in such cases is emotional in nature, in this case all but a small amount of the jury verdict was attributable to the value of the employment package that the plaintiff had given up to be with her fiancée. After coming to Georgia, she had struggled to find work and ultimately settled for a much less attractive job after the breakup.

No doubt it did not make a good impression on the jury that the boyfriend had broken the news that there would be no wedding by leaving his fiancée a note in the bathroom. This fact dovetailed nicely with the woman’s attorney’s closing argument, which could be summed up as “He’s a cad.”

If you have any questions, contact Fredrick P. Niemann, Esq. at 732-863-9900, or fniemann@hnlawfirm.com.  He is happy to answer your inquiries.

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

Wednesday, January 28th, 2009

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 at no cost, please call him at (888) 800-7442 or email him at fniemann@hnlawfirm.com.  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.

UPCOMING SEMINARS

2011

CEU Program for Social Workers: Guardianships and Powers of Attorney
November 3rd   Program 4:30 pm – 7:00 pm
Co-sponsored with Care-One East Brunswick
Seminar Location:  Old Man Rafferty’s
106 Albany Street, New Brunswick, NJ   
(732) 967-0900 Beth Sholom

Elder Law 2011 by Fredrick P. Niemann Esq. and Understanding Alzheimer’s for the Healthcare Professional by Barbara De Angelis
Open to Professionals Only
June 21st  Registration begins at 5:30 pm
Fredrick P. Niemann, Esq. of Hanlon Niemann Esq. and Barbara De Angelis of the Alzheimer’s Association cordially invite all healthcare professionals for an evening of education, fun and networking.  Light dinner will be served.  CEU Credits will be offered to all Nursing, Social Workers, CALA and LNHA.
Seminar Location:  Brandywine Assisted Living at Governor’s Crossing
49 LaSatta Avenue, Englishtown, NJ 07726
(732) 786-1000 RSVP to Susan Katz, Director of Community Relations

Luncheon With Seniors at the Freehold Senior Center
June 15th at 11:45 am
Luncheon Location:  Freehold Senior Center
116 Jackson Mills Road, Freehold, NJ 07728
Fredrick P. Niemann, Esq. of Hanlon Niemann and Susan Katz of Brandywine Assisted Living at Governor’s Crossing in Englishtown will host the luncheon.

CEU Program for Social Workers:  Hospice and Protection of Assets
June 8th Program 11:30 am – 2:00 pm
Seminar Location:  Care-One East Brunswick
599 Cranbury Road, East Brunswick, NJ
(732) 967-0900 Beth Sholom

CEU Program for Social Workers: Special Needs Trust and Estate Planning
Open to Professionals Only
CEU Credits for all Social Worker, Pending CALA AND LNHA
May 3rd  Registration at 5:00 pm, Program starts at 5:30 pm
Seminar Location:  Whiting Healthcare Center
3000 Hilltop Road, Whiting, New Jersey
(732) 849-4400 Ext. 17, RSVP to Cathy Gentile

Lifecare Planning 2011 by Fred Niemann Esq.
Understanding Alzheimer’s for the Healthcare Professionals by Barbara De Angelis
April 26th  Registration begins at 5:00 pm
Fredrick P. Niemann, Esq. of Hanlon Niemann Esq. and Barbara De Angelis of the Alzheimer’s Association cordially invite all healthcare professionals for an evening of education, fun and networking.  CEU Credits will be offered to all Nursing, Social Workers, CALA and LNHA.  Light dinner will be served
Seminar Location:  The Chelsea of Manalapan Assisted Living
445 Route 9 South, Manalapan, NJ 07726
(732) 972-6200  RSVP to Rose Ciaburri

CEU Program for Social Workers: Special Needs Trust and Estate Planning
Open to Professionals Only
April 14th  Program begins at 11:00 am
Seminar Location:  Heritage Pointe of Teaneck
600 Frank W. Burr Boulevard, Teaneck, NJ 07666
(201) 836-9260 spomerantz@heritagepointeofteaneck.com

CEU Program for Social Workers on Elder Law 2011
Open to Professionals Only
April 5th  Registration begins at 8:00 am  Program begins at 8:30am
Seminar Location: Sunrise Assisted Living in East Brunswick
190 Summerhill Road, East Brunswick, NJ 08816
(732) 613-1355 RSVP- Laureen Hartman

CEU Program for Social Workers: Special Needs Trust and Estate Planning
March 10th Registration 8:30 am, Program begins at 9:00 am
Seminar Location:  Chapin Hill
100 Chapin Avenue, Red Bank, NJ 07701
Please RSVP to Maria Penna, Director of Marketing
(732) 741-8811 or email mpenna@chapincare.com
 
CEU Program for Social Workers: Planning for a Loved One with Special Needs and Estate Planning for Parents of Persons with Disability
February 23rd from 5:30 pm to 7:30 pm
Seminar Location:  Laurel Bay Health and Rehab Center
32 Laurel Avenue, Keansburg, NJ 07734
(732) 787-8100 Ext 107 – Please RSVP to Linda Lafer

2010

Holiday Luncheon Celebration with Right at Home Co.
Sponsored with Care One East Brunswick and Sunrise Assisted Living
November 18, 2010 from 11:30 am to 3:00 pm
Seminar consists of two speakers, Barbara De Angelis from The Alzheimer’s Association and Fred Niemann from Hanlon Niemann, P.C.
Topic will be on Understanding Alzheimer’s Disease for Healthcare Professional 11:30 am to 12:30 pm
Hidden Secrets of Veterans Benefits 1:00 pm to 3:00 pm
At GUSTOS
1050 Route 18 North, East Brunswick, NJ 08816
Space is limited please call or email Beth Sholom at 732-967-0900 bethrah@verizon.net
Social worker and nursing credits will be given

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Sponsored with Home Care Assistance
Open to Professionals Only
November 9th  Registration at 8:30 am, Program begins at 9:00 am
Seminar Location:  The Residence at Toms River Independent and Assisted Living
2145 Whitesvillle Road, Toms River, NJ 08755
(732) 905-9222 Ext. 2104 – Please call Donna Doughty to register

CEU Program for Social Workers:  Hospice and Protection of Assets Open to Professionals Only
November 4th  Program 4:00 pm to 6:00 pm
Sponsored by Sunrise at East Brunswick
Seminar Location:  Ristorante Venezia
112 Main Street, Woodbridge, NJ
(732) 855-8995
(732) 613-1355 – Contact Laureen Hartman

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professional Only
November 4th  Registration at 8:30 am, Program: 9:00 am to 11:00 am
Seminar Location: Sunrise Assisted Living in Jackson
390 North County Line Road, Jackson, NJ 08527
(732) 928-5600  Contact: Charles Placek

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
October 28th Program 5:30 pm
Seminar Location:  Care One at the Cupola (with Home Care Assistance)
100 West Ridgewood Avenue, Paramus, NJ
(201) 444-8200 – Contact:  Kelly Taylor

Hidden Secrets of Veteran’s Benefits
Community Event Sponsored with Home Care Assistance
October 27th at 10:00 am to 11:00 am
Seminar Location:  St. John’s Roman Catholic Church
619 Chestnut Street, Manchester (Lakehurst), NJ
(732) 657-6347 Joan Boland

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Sponsored with Home Care Assistance – Open to Professionals Only
October 26th Registration at 8:30 am, Program 9:00 am to 11:00 am
Seminar Location: Applewood Estates
1 Applewood Drive, Freehold, NJ 07728
(732) 303-7416  Contact: Tricia Koches

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Social Workers Only
October 12th  Registration at 8:30 am, Program at 9:00 am
Seminar Location:  Chelsea in Manalapan
445 Route 9 South, Manalapan, NJ
(732) 972-6200 – Contact:  Rose Ciaburri

CEU Program for Social Workers: Applying for SW, LNHA and Nursing for Hospice
Open to Professionals Only
August 12th Registration 8:30 am Program 9:00 am to 11:00 am
Seminar Location:  Brandywine Assisted Living
49 Lasatta Avenue, Englishtown, NJ 07726
(732) 786-1000

CEU Program for Social Workers:  Hospice and Protection of Assets
Sponsored by CareOne at Holmdel
Open to CentraState Staff Only
August 4th at 4:00 pm
Seminar Location:  CentraState Hospital
901 West Main Street, Freehold, NJ  07728
(908) 596-8307 (Care One)

CEU Program for Social Workers:  Hospice and Protection of Assets
Open to Professionals Only
August 4th Program 8:30 am to 10:30 am
Seminar Location:  Meridian Home Office
Monmouth Shores Corporate Park, 1340A Campus Parkway, Neptune, NJ
(732) 320-5638 (Holly Sieka)

Community Program – Medicaid
Open to All
August 3rd  at 1:30 pm
Seminar Location:  Brandywine
5 Meridian Way, Shrewsbury, NJ 07702
(732) 212-2600

CEU Program for Social Workers: Applying for SW, LNHA and Nursing for Hospice
August 3rd  Registration 8:30 am  Registration 9:00 am to 11:00 am
Seminar Location: Care One Jackson
11 History lane, Jackson, NJ 08527
(732) 367-6600

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
July 27th  Registration 8:30 am  Program 9:00 am to 11:00 am
Seminar Location:  The Chelsea
445 Route 9 South, Manalapan, NJ
(732) 972-6200

Hidden Secrets of Veterans Benefits
Open to the Public
July 21st  Program 4:00 pm
Seminar Location:  Magnolia Gardens (Green Acres)
1931 Lakewood Road (Route 9), Toms River, NJ 08757
(732) 286-2323

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
July 20th Registration 8:30 am Program 9:00 am to 11:00 am
Seminar Location:  Burnt Tavern Rehabilitation Care Center
1049 Burnt Tavern Road, Brick, NJ 08723
(732) 840-3700

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
July 14th   Registration 4:30 pm  Program 5:00 pm to 7:00 pm
Location:  Healthsouth
14 Hospital Drive, Toms River, NJ
(732) 505-5003

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
June 22nd Registration 8:30 am Program 9:00 am to 11:00 am
Seminar Location:  Leisure Chateau Care Center
962 River Avenue, Lakewood, NJ  08701
(732) 370-8600

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
June 16th Program 1:00 pm to 3:00 pm
Seminar Location: Heritage Pointe Village
600 Frank W. Burr Boulevard, Teaneck, NJ 07666
(201) 836-9260

CEU Program for Social Workers: Special Needs Trust and Estate Planning
June 10th Registration  8:30 am, Program 9:00 am to 11:00 am
Seminar Location:  Francis Asbury Manor
70 Stockton Avenue, Ocean Grove, NJ 07756
(732) 206-9600

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
May 25th  Registration 4:30 pm, Program 5:00 pm – 7:00 pm
Seminar Location:  Leisure Park
1400 Route 70, Lakewood, NJ 08701
(732) 370-0444

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
May 11th  Registration 8:00 am, Program 8:30 am to 10:30 am
Seminar Location:  Sunrise at Marlboro
3 S. Main Street, Marlboro NJ  07746
(732) 409-6665

CEU Program for Social Workers: Applying for SW, LNHA and Nursing for Hospice
Open to Professionals Only
May 6th  Registration 8:30 am, Program 9:00 am to 11:00 am
Seminar Location: Imperial Care Center
919 Green Grove Road, Neptune, NJ 07753
(732) 922-3400

VA Benefits, Alzheimer’s Symposium
May 6th at 1:00 pm
Seminar Location: Quality Inn
Route 37 West, Toms River, NJ  08757
(732) 922-9845 (Alcour Gardens)

Family Night with a Focus on Medicaid
Open to Amboy Care Center Resident’s Families Only
April 29th from 6:00 pm to 7:30 pm
Seminar Location: Amboy Care Center
Lindbergh Avenue, Perth Amboy, NJ 08861
(732) 324-4260

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
April 27th Registration 8:30 am, Program 9:00 am to 11:00 am
Seminar Location: Tower Lodge
1506 Gulley Road, Wall, NJ
(732) 681-1400

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
April 21st at 11:00 am to 12:30 pm
Seminar Location: Cranbury Center
292 Applegarth Road, Monroe, NJ 08831
(609) 860-2500

What Happens If You Die Without a Will?
Open to all
April 15th at 2:00 pm
Seminar Location: The Chelsea at Manalapan
445 Route 9 South, Manalapan NJ 07726
(732) 972 6200

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
April 13th Registration at 8:00 am, Program 8:30 am – 10:30 am. 
Seminar Location:  Care One at Wall
2621 Hwy 138, Wall, NJ 07719
(732) 556-1060

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
March 25th Registration at 8:30 am, Program 9:00 to 11:00 am
Seminar Location: The Worthington Assisted Living
458 Jack Martin Boulevard, Brick, NJ 08724
(732) 206-9800

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
March 24th Registration 4:30 pm, Program 5:00 pm to 7:00 pm
Seminar Location: Green Acres Manor
1931 Lakewood Road, Toms River, NJ  08755
(732) 286-2323

Monmouth Bar Association Family Law Seminar
March 6th from 9:00 am to 11:30 am
Seminar Location:  Sheraton Hotel
Route 35, Eatontown, NJ 07724
A full breakfast buffet will be served at this seminar.  Cost:  $25.00

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
March 4th Registration at 8:30 am, Program 9:00 to 11:00 am
Seminar Location: Care One at Holmdel
188 State Highway 34, Holmdel, NJ  07733
(732) 946-4200

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
February 24th at 2:30 pm
Seminar Location:  Raritan Bay Medical Center
530 New Brunswick Avenue, Perth Amboy, NJ 08861
(732) 513-8588

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
Feb 17th Registration at 12:30 pm, Program 1:00 pm to 3:00 pm
Seminar Location: Heritage Pointe of Teaneck
Frank W Burr Boulevard, Teaneck, NJ 07666
(201) 836-9260

Alzheimer’s Question & Answer Session
Open to Atria Senior Living Alzheimer’s Support Group
February 4th at 10:00 am
Seminar Location:  Atria Senior Living at Tinton Falls
44 Pine Street, Tinton Falls, NJ 07753
(732) 918-1960

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
February 4th Registration at 3:30 pm
Seminar Location: Pine Brook Care Center
104 Pension Road, Englishtown, NJ 07726
(732) 446-3600

2009

Powers of Attorney and Advance Directives
January 26th at 6:00 pm
Open to Hospital Staff
Seminar Location: Jersey Shore A Team  
71 Davis Avenue, Neptune 07753
(732)-776-4700

Veterans Benefit Aid and Attendance
January 15th at 2:00 pm
Open to all
Seminar Location:  Sunrise at Lincroft
734 Newman Springs Road, Lincroft, NJ  07738
(732) 212-1910

Powers of Attorney and Advance Directives
February 2nd 12:00 pm to 1:30 pm
Open to all
Seminar Location:  Jersey Shore Medical Center
1945 State Highway 33, Neptune, NJ  07753
(732) 775-5500

Veterans Benefit Aid and Attendance
March 4th at 2:00 pm
Open to all
Seminar Location:  Sunrise at Wall
2600 Allaire Road, Wall, NJ  07719
(732) 282-1700

Veterans Benefit Aid and Attendance
March 12th at 6:00 pm
Open to all
Seminar Location:  Sunrise Assisted Living of Marlboro
3A South Main Street, Marlboro, NJ 07746
(732) 409-6665

Veterans Benefit Aid and Attendance
April 2nd at 2:00 pm
Open to all
Seminar Location:  Care One King James
1040 Hwy 36, Atlantic Highlands, NJ 07716
(732) 291-3400

Veterans Benefit Aid and Attendance
April 7th at 6:30 pm
Open to all
Seminar Location:  Brandywine of Brick the Gables
515 Jack Martin Boulevard, Brick, NJ 08723
(732) 836-1400

CEU Program Veterans Aid and Attendance
April 23rd at 8:30 am
Social Work Staff CEU Program
Seminar Location:  Sunrise at Wall
2600 Allaire Road, Wall, NJ  07719
(732) 282-1700

Veterans Benefit Aid and Attendance
April 30th at 4:00 pm
Open to all
Seminar Location:  Seabrook Village
3000 Essex Road, Tinton Falls, NJ  07724
(732) 643-1200

Navigating Your Senior Years
Also speaking: Care Alternatives Hospice, Synergy Home Care,
and Primerica Financial Services
May 12th at 6:00 pm
Open to all
Seminar Location:  Care One   
188 Route 34, Holmdel, NJ 07733
(732) 946-4200

Veterans Benefit Aid and Attendance
May 14th at 4:30 pm
Open to all
Seminar Location:  Brandywine Assisted Living at Governor’s Crossing   
49 LaSatta Ave., Englishtown, NJ 07726
(732) 786-1000

Hidden Secrets of VA Benefits
May 20th at 6:30 pm
Open to all
Seminar Location:  The Willows Assisted Living
713 North Beers Street, Holmdel, NJ 07733
(732) 335-6405

Estate Planning
June 2nd at 6:00 pm
Open to all
Seminar Location: Care One at Jackson
11 History Lane, Jackson, NJ 08527
(732) 367-6600

Veterans Benefit Aid and Attendance
June 9th at 6:30 pm
Open to all
Seminar Location:  Sunrise at Lincroft
734 Newman Springs Road, Lincroft, NJ 07738
(877) 605-7130

CEU Program Veterans Aid and Attendance
June 11th at 4:30 pm
Social Work Staff CEU Program
Seminar Location:  Sunrise of Jackson
390 N County Line Road, Jackson, NJ 08527
(732) 928-5600

Hidden Secrets of VA Benefits
June 18th at 2:00 pm
Open to all
Seminar Location:  Sunrise of Jackson
390 N County Line Road, Jackson, NJ 08527
(732) 928-5600

Hidden Secrets of VA Benefits
June 30th at 8:00 am
Social Work Staff CEU Program
Seminar Location:  Monmouth Medical Center
300 Second Avenue, Long Branch, NJ  07740
(732) 928-5600

Veterans Benefit Aid and Attendance
July 7th at 1:00 pm
Open to all
Seminar Location:  Bella Terra   
Two Kathleen Drive, Jackson, NJ 08527
(732) 730-9500

Veterans Benefit Aid and Attendance
July 15th at 11:15 am
Open to all
Seminar Location:  Freehold Township Senior Center
116 Jackson Mills Road, Freehold, NJ  07728
(732) 294-2029

CEU Program Veterans Aid and Attendance
July 30th at 8:00 am
Social Work Staff CEU Program
Seminar Location:  Waterford Glen Assisted Living
2021 Highway 35, Wall, NJ 07719
(732) 282-1910

Hidden Secrets of VA Benefits
September 10th from 4:30 pm – 6:00 pm
Open to all
Seminar Location:  Allaire Center Senior Day Care
1983 Route 34 South, Wall, NJ 07719
(732) 974-7666

Hidden Secrets of VA Benefits
November 11th at 8:00 am
Open to all
Seminar Location:  Wedgewood Gardens
3419 Route 9 North, Freehold, NJ 07728
(732) 677-1200

2008
Disability Trusts and Benefits
December 11, 2008 at 10:00 am to 10:45 am
For Multiple Sclerosis (MS) Support Group
CentraState Medical Center
Health Awareness Center
65 Gibson Place, Room A
Freehold, NJ 07728 
(732) 294-2505

Veterans Aid and Attendance
November 18th at 7:30 pm
Matawan VFW
Cheesquake Adult Community Recreation Center
33 Galewood Drive
Matawan, NJ  07747

Estate Planning
November 13th at 2:00 pm
Open to all – RSVP by November 10th
Brandywine Assisted Living
100 Meridian Place
Howell, NJ  07731
(732) 719-0100

Medicaid and Asset Protection When Your
Clients Get Sick and Face a Nursing Home
November 11th at 10:00 am
John Hancock Agency
2520 Highway 35, Suite 105
Manasquan, NJ  08736
(732) 528-3822

Healthcare Association of NJ Nursing Homes Annual Convention
October 28th – 29th
Open to Healthcare Association Members
1000 Boardwalk at Virginia Avenue
Atlantic City, NJ 08401
(609) 449-1000

Powers of Attorney and Advance Directives
October 23, 2008 at 9:00 am
For Multiple Sclerosis (MS) Support Group
CentraState Medical Center
Health Awareness Center
65 Gibson Place, Room A
Freehold, NJ 07728 
(732) 294-2505

VA Benefit Aid and Attendance
October 14th at 6:30 pm
Open to all
Wynnewood at Forsgate
380 Forsgate Drive
Monroe, NJ 08831
609-409-7525

Medicaid and the Changes for 2009
October 2nd at 2:00 pm
Open to all
The Chelsea at Manalapan
445 Route 9 South
Manalapan, NJ 07726
(732) 972-6200

VA Benefit Aid and Attendance
September 11th at 10:00 am
Open to all
Sunrise of Jackson
390 N County Line Road
Jackson, NJ 08527
(732) 928-5600

How to Pay For Assisted Living without Going Broke
August 14th at 7:00 pm
Open to all
Seminar Location:  Sunrise at Lincroft
734 Newman Springs Road, Lincroft, NJ  07738
(732) 212-1910

VA Benefit Aid and Attendance
June 10th at 6:30 pm   
Open to all 
Seminar Location:  Sunrise at Wall
2600 Allaire Road, Wall, NJ  07719
(732) 282-1700

VA Benefit Aid and Attendance
Apr 17th at 3:00 pm
Open to all    
Seminar Location:  Brighton Gardens
620 State Highway, 35 South, Middletown, NJ
(732) 275-0790

VA Benefit Aid and Attendance  
Mar 13th at 5:00 pm – 7:00 pm 
Open to community 
Seminar Location:  Kensington Court
864 Shrewsbury Avenue, Tinton Falls, NJ   07724
(732) 784-2400

Wills/Probate 
Feb 7th at 1:00 pm 
Open to residents 
Seminar Location:  Allaire Center Senior Day Care
1983 Route 34 South, Wall, NJ  07719
(732) 974-7666

Estate Planning and Asset Protection
Jan. 23rd at 2:00 pm
Open to community 
Seminar Location:  Chelsea Rest Home
352 Chelsea Avenue, Long Branch, NJ 07740
(732) 222-8125

VA Benefit Aid and Attendance
Jan 16th at 6:30 pm    
Seminar Location: 
Sunrise Assisted Living of Marlboro
3A South Main Street, Marlboro, NJ 07746
(732) 409-6665

2007
VA Benefit Aid and Attendance
Dec 19th at 11:00 am
Seminar Location:  The Wexford Assisted Living
2018 Highway 35, Spring Lake, NJ 07762

Mercer County Bar Association 
Topic:  Special Needs Trust,  
Guardianship, Living Wills & More
Nov 28th at 9:00 am 
Seminar Location:  Marriott Princeton Hotel
100 College Road East, Princeton, NJ 08540
RECENTLY ATTENDED PROGRAMS BY MR. NIEMANN

2008
Probate Symposium
NJSBA
Mar 13th
New Brunswick, NJ

NAELA Unprogram
Jan 25 – Jan 27
Grapevine, TX

2007
Mercer County Bar Association
Special Needs Trust, Guardianship,
Living Wills & More
Nov 28th
Princeton, NJ

NAELA Convention
Nov 1 – Nov 4
Memphis, TN

MPS Systems Boot Camp
Oct 24 – Oct 25
Orlando, FL

Veterans Benefit Institute
Sep 2007
Chicago, IL

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New Landlord Requirements Under New Jersey’s Predatory Towing Act

Friday, November 7th, 2008

By Christopher J. Hanlon, Esq.

The new Predatory Towing Act which became effective October 18, 2008 prohibits non-consensual towing, including towing of motor vehicles from private properties (your community) without the consent of the owner or operator of the vehicle, except in compliance with the Act.

 The Act requires either the consent of the vehicle owner (which consent might be secured in a lease or rules and regulations) or towing only after the posting of a sign “in a conspicuous place at all vehicular entrances to the property. . .no smaller than 36” high and 36” wide,” which lists all of the following:

1. The purpose for which parking is authorized;
2. That unauthorized parking is prohibited and no authorized vehicles will be towed at the owner’s expense;
3. The name, address and telephone number of the towing company;
4. The charge for towing which will not exceed the fee specified in the tariff which is on file with the Director (filed there by the towing contractor) for both the towing and storage of the towed motor vehicle; and
5. The street address of the storage facility where the towed vehicles can be redeemed by payment of the posted charges and times when redemption is possible.

In addition, no towing company may remove the motor vehicle without the written authorization of the property owner (or presumably an authorized representative) who must be present at the time of removal.

It is recommended that each lease now contain a generic authorization for towing of any car owned by any tenant who signs a lease.  Since the consent must be provided by the vehicle owner, it would also be advisable to have a consent signed by any authorized occupant.  However, lacking any such signed consent from any other person who might own a car parked on your property, considering the likelihood that such signatures might not be obtained from guests or other visitors, and the possible uncertainty concerning vehicle ownership under any circumstance, any property owner who wishes to maintain the option of towing unauthorized vehicles or vehicles parked in unauthorized areas from the premises (as opposed to enforcing parking regulations through eviction measures) should comply with the law by hanging appropriate the sign, which is in compliance with the guidelines set forth above where required by the law.

For more information about New Jersey’s Predatory Towing Act, please contact Christopher J. Hanlon at chanlon@hnlawfirm.com.

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

Friday, October 31st, 2008

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 working to inform NJ veterans who are facing declining health or spending significant monthly income for medical and care costs.  He can be reached at (732) 863-9900 or fniemann@hnlawfirm.com.  Hanlon Niemann is located at 3499 Route 9 North, Freehold, NJ 07728.

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

Friday, October 24th, 2008

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 in the practice area of elder law, estate and probate litigation, asset and income protection, planning for aging and persons affected by sudden and significant health issues, veteran’s benefits and special needs trusts.  He can be reached at fniemann@hnlawfirm.com, or 732-863-9900.
 

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Update on government records (OPRA) and citizen rights

Friday, September 26th, 2008

You may beat the system but still have to pay your attorney fees.   It is not a sure thing that a citizen filing suit against governmental agencies who refuse or delay releasing public records will be able to recover legal fees.  The state’s law has a key attorney fee shifting weapon available to private citizens against recalcitrant agencies.  New Jersey’s OPRA is one of the few state and federal statutes allowing fee shifting. The principal behind fee shifting is to enable those who believe that they have been wronged to hire a lawyer to take on a case in a matter of the broad public interest.  The New Jersey Supreme Court has ruled that plaintiffs in lawsuits against public entities and their lawyers willing to take on such challenges must show that it was the institution of the lawsuit that caused the governmental agency to provide the public records.   In a recent decision, the high court ruled that fee shifting is allowed under the Open Public Records Act (OPRA) if an agency releases the records after a suit was filed and sometimes even before the issue is adjudicated but the court has a critical caveat, it doesn’t mean that there will be fee shifts all of the time.

The Court has determined that if someone sues the government for the documents and the agency turns them over before the court decides the issue, the facts or records must show it was the filing of the suit that effectively caused the agency to comply before the plaintiff can get fees from the agency.  The significance of the case is that no one should presume that a citizen fighting the system to obtain public records will have his/her/its fees and costs reimbursed.  Rather, the party and their attorney will have to evaluate whether in the end a victory comes at a significant financial expense to the party.   While encouraging this recent case requires a sober analysis of all issues before a lawsuit is filed.

For more information on this decision, contact Bonnie Wright, Esq. at bwright@hnlawfirm.com

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Press Release

Friday, August 22nd, 2008

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 category. The 2008 USLBA Award Program focused on quality, not quantity. Winners are determined based on the information gathered both internally by the USLBA and data provided by third parties.

Fredrick P. Niemann, Esq., managing partner of Hanlon Niemann, commented that “the award demonstrates that our efforts to achieve a reputation as a law firm within our community have been recognized by other local business owners and professional organizations.  It’s a real tribute to the members of our firm”.

About U.S. Local Business Association (USLBA)
U.S. Local Business Association (USLBA) is a Washington D.C. based organization funded by local businesses operating in towns, large and small, across America. The purpose of USLBA is to promote local business through public relations, marketing and advertising.
The USLBA was established to recognize the best of local businesses in their community. The organization works exclusively with local business owners, trade groups, professional associations, chambers of commerce and other business advertising and marketing groups. Its mission is to be an advocate for small and medium size businesses and business entrepreneurs across America.

SOURCE: U.S. Local Business Association

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