Families Are Evolving. Is Your Estate Pl...

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Planning & Probate Law Attorney Many laws in New Jersey regarding how estates are handled are designed with a traditional family in mind – a husband, wife, and biological children. Today, however, fewer than half of all U.S. households meet this traditional definition. And that trend is likely to continue now that same-sex marriage is legal nationwide and divorce and remarriage remains common. New Jersey has updated its historical laws to reflect changing demographics and the reality of...

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 v....

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...

What Can You Do When The Estate Represen...

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Litigation Attorney To remove an individual or corporate agent from the position of executor, you will need to file a verified complaint and an order to show cause in Superior Court alleging that the estate representative is “abusing the trust and confidence required by law of a fiduciary” by failing to finalize the affairs of the estate. NJ.S.A. §3B:14-21. In the relief sought, you can request removal of the executor and substitute your appointment as a neutral administrator. The...