If you need advice on any type of trust in NJ and its use in estate planning and asset protection, including the use of trusts in a will or in avoiding New Jersey probate, and want to talk to an experienced and easily-approachable attorney, then call Fredrick P. Niemann toll-free at (855) 376-5291 or e-mail him at fniemann@hnlawfirm.com. He warmly welcomes your inquiries.
Can’t travel to our office?
Located out of state?
No problem. You can still speak to Fredrick P. Niemann
face-to-face from the convenience of your home or office.
The Rutgers State University of New Jersey is pleased that Mr. Fredrick P. Niemann
of Hanlon Niemann, Freehold, NJ will be teaching their workshops for the Office of
Continuing Education.
Mr. Niemann will offer continuing Education courses on Medicaid and Veterans Benefits.
Topic: Medicaid Changes: The Approaching Storm
Date: April 5
Time: 9:30 AM - 11:30 AM
Place: 5th floor, 390 George St, New Brunswick, NJ
Topic: Hidden Secrets of Veterans Benefits
Date: May 3
Time: 9:30 AM - 11:30 AM
Place: 5th floor, 390 George St., New Brunswick, NJ
Fredrick P. Niemann, Esq. was recently asked to speak at the NJ State Bar Association Institute of Continuing Legal Education in New Brunswick, NJ on the essentials of estate planning.
Mr. Niemann addressed attorneys from throughout the state of NJ interested in learning key concepts and principals of NJ estate planning, including such topics as wills, trusts, estate taxations, asset protection, powers of attorney, health care directives, special needs and supplemental needs trusts for disabled and incapacitated individuals, avoiding probate through creative use of beneficiary planning, inheritance taxes, gifting and changes coming to federal estate taxation.
Fredrick P. Niemann, Esq. attended the 46th annual Heckerling Institute on Estate Planning Conference from January 9th to January 13th at the Orlando World Center sponsored by the Community of Miami School of Law. This week long session assembled the nation’s leading authorities to lecture and discuss the latest in estate planning techniques and strategies. Topics analyzed and discussed included 1) elder law; 2) asset protection; 3) statutory case law developments; 4) planning with financial assets including annuities, Roth IRA’s, and life insurance policies; 5) litigation and tax
controversies; 6) networking and practice development.
Mr. Niemann was quoted in an article in the Asbury Park Press which discusses
Last Wills and Testaments. A copy of the article can be found here.
Fredrick P. Niemann, Esq. was invited by the Office of Elder Rights and Adult Protective Services of the Department of Health and Senior Services, Division of Aging and Community Services, to make comments on existing Adult Protective Services Programs on August 25, 2010 at the State Capitol located in Trenton, New Jersey.
On March 6th, Fredrick P. Niemann, Esq. addressed the Monmouth County NJ Bar Association Family Law Committee on Special Needs Trusts, Supplemental Needs Trusts for adult and minor incapacitated children and aged parents and their use in asset planning and eligibility for government benefit programs, including Medicaid, SSI and SSD.
Do You Need an Attorney in the
Creation and Administration of a
Trust in New Jersey?
We Can Help.
A properly written trust in New Jersey can be a tremendous tool to help your family and loved ones avoid the many possible complications, problems and costs associated with estate administration and probate in New Jersey. With a trust, you can avoid having to obtain tax waivers from the state in order to transfer ownership of assets and property both in New Jersey and other states. A trust also avoids the need for probate. For more information on NJ probate law, go to www.probateattorneyinnewjersey.com (click here).
Trusts can be used for a variety of purposes. If you want to reduce potential federal estate tax and New Jersey death tax liability, this objective can be achieved with a combination of various trusts. Trusts can reduce estate tax liability by taking advantage of the new tax laws. Perhaps you want to provide income from a trust to a charity. In this case, a trust can accomplish this purpose also. Maybe you want to provide income to a specified beneficiary, perhaps an adult child or a special needs person. You’re concerned that the beneficiary cannot responsibly control money or is improvident and cannot manage money wisely. In this example, you can structure a trust in a way that the beneficiary cannot transfer his or her interest in the income or principle of the trust. In this way, the beneficiary’s creditors cannot reach the trust or the income produced by the trust until the income is actually distributed to the trust beneficiary. Further, the beneficiary cannot demand payment to him or her of any trust principle.
If you want to have professional management of trust assets because your spouse and other family members have little professional investment or business experience, the use of a trust can assure that someone with professional asset management experience can serve in that capacity.
If you want to provide income to one or more beneficiaries but you are not able at present to determine whether the beneficiaries actually need the income or what the tax liability will be, then you can use a trust in which the trustee has the discretion to distribute income and or trust corpus to the beneficiaries. Since the income needs of the beneficiary are subject to change, the trustee may be in a better position to determine the actual needs of the beneficiaries instead of you, especially if you are deceased. The trustee can then distribute income as it is needed and in such a way that it is the least detrimental to the beneficiary.
If you want to assist a family member who has suffered a disability through an accident or who has been disabled since birth or childhood (e.g., a developmental disability), a trust can be used to enable the disabled beneficiary to receive public assistance in such a way that it does not disqualify the disabled person from receiving public assistance benefits like, Medicaid, Medicare, or other forms of supplemental assistance. A trust, if properly structured, can achieve these objectives.
In short, you can create and use a trust in New Jersey for anything you want to accomplish as long as it does not violate New Jersey law and is not considered to be in violation of public policy. For example, a trust that has been established solely for the purpose of carrying on an illegal business or solely for the purpose of defrauding creditors is an example of an illegal trust. Similarly, a charitable trust that violates some provision of the tax laws is an illegal trust if the effect of the trust is to promote an unlawful purpose. Likewise, a trust that that requires the trustee to perform criminal or negligent acts, or a trust that would require the beneficiaries to commit negligent or criminal acts as a condition for receiving income or trust principle is an illegal trust. If a trust is considered illegal it will not be enforced.
Fredrick P. Niemann, Esq. spoke on Alzheimer's Disease, a complimentary symposium for caregivers and family members presented by Alcoeur Gardens and The Memory Enhancement Center on Thursday, March 6, 2010. Topics covered were memory loss conditions, caregivers tips and strategies, current treatment modalities including new research medications, support networking, VA benefits and how to preserve your assets.
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.
Please click on the Speaking Engagement link to your left for a full list of speaking engagements.
A trust also avoids the need for probate. For more information on NJ probate law, go to www.probateattorneyinnewjersey.com (click here).
TESTIMONIAL
Mr. Niemann has been a wonderful attorney to me. I feel confident with his advice and what he tells me. When I visit his office, I feel welcomed. His staff is always pleasant and very friendly. I feel fortunate to have Fred Niemann as my attorney.
—Cecelia Lamicella, Freehold, NJ
TESTIMONIAL
Fred is an amazing and dynamic person. I have attended a few of his work shops and CEU events over the years and his interactive discussions have been both educational and entertaining. He is one of the few lawyers out there that I do trust and does whatever he says he is going to (Accountability) who ever I have referred his way has always thanked me for connecting them and this is why I continue to work w/ Fred. Great person, excellent ethics, and very knowledgeable. I highly recommend him.
—Steve Weiss, Regional Director of Professional Relations, Senior Bridge
TESTIMONIAL
I'm not sure if you recall, but you met myself and my brother back in March in reference to my elderly father Callis Bridgers. We met with you late on a Saturday evening at your office with very heavy hearts. What led us to your firm was that my step mother had taken my elderly father to PA and admitted him to an assisted living facility on the sly. We came to you wearing our hearts on our sleeves not knowing if there was anything we could do as his children to protect his best interests or more importantly bring him back home to NJ. His dementia left him unaware of what had happened to him or that he was being tossed aside due to inconvenience and greed.
Within a few days, I received a call from Bonnie Wright, a person I have come to call friend. You see, the purpose of this email is to thank you and to tell you what a wonderful person you have in your midst. Although I have only met Bonnie once, I will never forget her face. The face of the angel that helped myself and my brothers fight for a man that could not fight for himself......Bonnie became our beacon in the dark.
She helped us secure a co-guardianship agreement with my step mother that allows for me to watch over my father and participate in decisions about his future. In addition, the agreement gives me the ability to closely watch his finances to ensure he is never taken advantage of again. And one day, he will come back home to NJ.
Bonnie gave us hope when it seemed so far out of reach. It has been a long nine months but worth all the heart ache. She is truly a gem and deserves recognition for all the hard work she did to secure some piece of mind in a senseless situation. Not only is she a wonderful lawyer but also a compassionate person. Again, I call her "friend" as she has been my rock and given me encouragement through all the tears and uncertain moments.
I thank the Lord and yourself for bringing her light to our dark situation. God Bless.
The attorneys with Fredrick P. Niemann, Esq. have prepared trusts, wills, health care directives (living wills), powers of attorney and numerous other estate/family and business planning documents for individuals and families like yours for over 30 years.
Call our office today. Ask for Mr. Niemann to personally discuss your trust situation toll-free at (855) 376-5291 or e-mail him at fniemann@hnlawfirm.com.
NJ Trust lawyer serving these New Jersey Counties:
Monmouth County, Ocean County, Essex County, Cape May County, Mercer
County, Middlesex County, Bergen County, Morris County, Burlington County,
Union County, Somerset County, Hudson County, Passaic County
Freehold, Red Bank, Wall, Long Branch, Marlboro, Manalapan, Howell, Jackson, Brick Township, Holmdel, Middletown, Atlantic Highlands, Aberdeen, Toms River, Manahawkin, East Brunswick, Monroe Township, Cranbury, Lyndhurst, Teaneck, Hamilton, Robbinsville, Millstone, Manasquan, Lakewood, Eatontown, West Long Branch, Tinton Falls, Ocean Township, Neptune, Spring Lake, Newark, Hillsborough, Somerset, Hoboken, Jersey City, Parsippany, Edison, Plainfield, South Plainfield, Dumont, Mount Laurel, Vineland, Cherry Hill, Ocean Township, Atlantic City, Camden, Union Township, Kearny, Lambertville
