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The Story of the Dirty Little Housekeeper (Part 1)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate & Probate Litigation Attorney Here’s an interesting recent case I read. An estate administrator appealed to the Appellate Division from an assessment of inheritance taxes by the Department of the Treasury of the State of New Jersey. The facts are that the decedent executed a will in which he devised and bequeathed his entire estate to his wife. She however predeceased him. Under the terms of the will, the entire estate was then to go to his son if his wife...
read moreDeclaring War on Financial Abuse of Older People
CNBC has published a very interesting article about Financial Abuse of the Elderly Community. Please follow the below link: http://www.cnbc.com/2017/04/16/new-york-times-digital-declaring-war-on-financial-abuse-of-older-people.html
read moreAn Enduring Challenge: Competency and the Dueling Powers of Attorney
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Guardianship & Elder Care Attorney A resident was place in an assisted living memory locked unit by his son. He (the resident) has a girlfriend of long standing (10 years). The son has told the management of the facility that the girlfriend is not permitted to visit with the resident. In response, the girlfriend contacted the Ombudsman’s office and was told that the son had the authority under the father’s Power of Attorney (DPOA). My understanding from the...
read moreLearn About A Protective Arrangement: A Really Different Type of Quasi-Guardianship to Protect an Incapacitated or Vulnerable Person
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse & Financial Exploitation Attorney A Guardianship action is filed when a person is incapacitated and cannot make decisions on their own and requires somebody else to come in and make those personal, medical and/or financial decisions for him or her. A guardianship proceeding is a court action to declare a person incapacitated (not mentally sound) and then have another person appointed as the legal guardian of that person. Sometimes (certainly not...
read moreThe Importance of Indemnification and Protection From Legal Liability When Becoming a Trustee of a Trust (Part 2 of a 2 Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Breach of Fiduciary Duty Attorney In Part 1 of this post I discussed an issue that is important for a trustee to be aware of before accepting the appointment as trustee. I also discussed a case where the trustee regretted not looking into this issue prior to accepting appointment as trustee of a trust. In this post I will be reviewing the conclusion of this case in hopes that it will prevent the same thing from happening to you. The trial court found that the trust...
read moreThe Importance of Indemnification and Protection From Legal Liability When Becoming a Trustee of a Trust (Part 1 of a 2 Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Breach of Fiduciary Duty Attorney An unpublished opinion from the Appellate Division of our State Court highlights one of the issues a trustee must be aware of before accepting an appointment as a trustee. Is there a provision in the trust that allows the trustee to be legally exempt from liability for making investments if there is a conflict of interest, also known as breaching the duty of loyalty? If not, and the trustee invests trust money into an organization...
read moreRatifying the Actions of the Power of Attorney or Guardian Even When Fraud is Alleged – (Part 2 of a 2 part series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Power of Attorney Lawyer In our last blog, I highlighted the duty of the power of attorney or guardian over an incapacitated person. It is a duty that cannot be taken lightly and can be abused. In Estate of Barbara M. Frost, we saw how the agent and sole beneficiary of the estate, took out a reverse mortgage on Frost’s property for himself, yet Frost signed off on the reverse mortgage. The agent, who held a durable power of attorney (POA) over Frost executed years...
read moreRatifying the Actions of a Power of Attorney or Guardian Even When Fraud is Alleged- Part 1 of a 2 Part Series
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Power of Attorney Lawyer One of the most important positions one can assume is being a guardian or a power of attorney over a person. The management authority you have over somebody’s finances is a responsibility that cannot be taken lightly. No matter whether appoint by a court as a guardian, or if voluntarily appointed as a power of attorney, there is the potential to abuse the role you are in. After all, you have access to a person’s finances. As a fiduciary you...
read moreFinancial Advisors Who Sell Inappropriate Investments to the Elderly: The Law of Respondeat Superior and Churning
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney Imagine there’s an elderly woman who wants to invest her money – let’s call her “Innocent Investor.” While she is making a deposit at her local bank, a Broker walks up to her and asks if she’s interested in making lots of money investing in annuities. After being persuaded by his salesmanship, Innocent Investor begins following all of Broker’s advice. A few years elapse and because of Broker’s trading advice, Innocent Investor loses a...
read moreThe Domestic Violence Act and Elder Abuse
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney As you have seen on the news, domestic violence comes in many forms, whether it is a parent physically assaulting their child or a prominent football player punching his girlfriend on an elevator in a hotel in Atlantic City. But in the opinion of J.C. v. B.S., Judge Jones of the Superior Court, Chancery Division, Family Part in Ocean County discussed the Domestic Violence Act as it relates to elder abuse. While the outcome of the case is not...
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