Settlement Agreements in Probate Estate ...

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate Estate & Elder Abuse Attorney You just settled a vicious probate dispute or elder abuse case where the emotions ran high, the dollars involved meaningful, and everyone felt like justice failed them. Then something happens (or fails to happen) which one side feels was required under the terms of the settlement. Worse yet, one or more of the parties is experiencing buyer’s remorse. They no longer want to settle and want their day in court. The obvious question now is…can the settlement...

Elder Abuse by the Intentional Inflictio...

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney In Part 1 and Part 2 of this series I introduced you to a client of mine that we are calling “Jr” and his stepson “CK”. CK has moved Jr’s wife (his mother) to New Jersey without notice or permission from Jr. In this part we will discuss whether or not Jr has a case under intentional infliction of emotional distress. Based on the facts provided, we have a strong case for IIED. We can establish intent to take the mother/wife from the jurisdiction, but we will need to show CK...

Elder Abuse by the Intentional Inflictio...

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney In Part 1 of this series I introduced you to a new client whom we are calling “Jr”, as well as his stepson “CK”. CK moved his mother (Jr’s wife) from Florida to New Jersey without notice or permission from Jr. In this post we will discuss whether Jr has a case or not. Jr’s best theory to recover is the intentional infliction of emotional distress. The cause of action of intentional infliction of emotional distress has been analyzed by the New Jersey Supreme Court in Buckley...

Elder Abuse by the Intentional Inflictio...

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney A new case has come to our office. I’m used to discussing cases with families where the facts and circumstances of abuse are disturbing. It’s never pleasant, it never gets easier, but it’s a reality for many aging individuals and families. In this case, an elderly man in his nineties (I’ll name him Jr.) is married to his wife, who is 90 years old. They have been married for over 25 years. They lived in Florida. This is Jr’s first marriage, while it is his wife’s second...

Does the Domestic Violence Act Apply to ...

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Law Attorney The N.J. Prevention of Domestic Violence Act specifically states that the elderly are a protected class. In relevant part the law states; “The Legislature further finds and declares that the health and welfare of some of its most vulnerable citizens, the elderly and disabled, are at risk because of incidents of reported and unreported domestic violence, abuse and neglect which are known to include acts which victimize the elderly and disabled emotionally, psychologically,...

Elder Abuse of Mother May Be Occurring: ...

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney A client suspects elder abuse in the case of her mother. She is 76, lives in New Jersey with her second husband (not the children’s father) and her health is declining. Each time the child(ren) call he says she is not well enough to speak to them. They (collectively) think he is isolating her and making it look like they don’t’ care about her so mom will cut them out of her estate. All her kids live out of state, in Seattle, Portland, and NYC. Being this far away, what can...