Hanlon Niemann Blog | A Freehold, New Jersey Law Firm

Punitive Damages Okayed in Probate Case:

The New Jersey Supreme Court on July 22, 2008 considered the circumstances in which it is appropriate to award punitive damages against a fiduciary in a case involving Wills, Trusts, Probate proceedings and lifetime transfers.
 
In this case, a lawsuit was filed against a doctor who was alleged to have persuaded the decedent to transfer a large home in Spring Lake, New Jersey to him in lieu of the local Volunteer First Aide Squad who was the prior testamentary beneficiary under her Last Will and Testament.  In its analysis, the Court concluded that the remedy of punitive damages is limited to situations where an individual (who is essentially a stranger to the testator) gains access to him or her through undue influence and then carries out a scheme to place himself or herself in a position to seize control of the testator=s (decedents) assets through a lifetime transfers or a bequest under their Last Will and Testament.  The Court generally opinioned that any punitive damage award arising in such a case filed in the Probate Division of the Superior Court must be in compliance with the New Jersey Punitive Damages Act.  This remedy will be infrequent and limited to circumstances in which the person who received the lifetime gift or bequest is an individual who otherwise cannot be punished through a lesser available remedy by the Probate Court. Because of the unique facts of this case, an award of compensatory damages and potentially punitive damages was available.   The case was remanded back to the Probate court for further determination of the issue of compensatory and punitive damages in light of the Supreme Court decision.  This case is significant for the proposition that Executors, beneficiaries of lifetime and testamentary gifts when obtained through undue influence, suspicious circumstances, etc.  can be held personally liable for punitive damages.

Why is it important for government agencies, care providers or eldercare advisers to know about this Pension?

The national care planning Council estimates that approximately 11.5 million seniors — about 33% of all people over 65 — could qualify for Pension or Death Pension by meeting the tests outlined in this fact sheet.  That’s how many war veterans or their surviving spouses or their living spouses there are in this country.  Unfortunately, few people know how to get this benefit and currently only about 543,000 individuals are actually receiving it.  This represents only 4.7% of those who could be eligible.

What is Pension?

Improved Pension and Death Pension are disability income programs available to veterans or to the single surviving spouses of deceased veterans.  The veteran had to have served on active duty at least 90 days with one of those days during a period of war.  Service in combat is not required, only that the veteran was in the service during wartime and was discharged honorably.  Charts showing the available amount of income and the dates for wartime service are included below.

There is a sister benefit to Pension called Compensation.  This is for veterans who are disabled because of injuries or illnesses incurred while on active duty.  Compensation is generally the more desirable benefit for a number of reasons we will not go into here.  A veteran household cannot receive Pension and Compensation at the same time.  A decision must be made as to which benefit is better and the veteran must choose only that benefit.

In order to receive the benefit, a veteran household must meet the criteria above as well as meeting an income and an asset test and, in most cases, a medical needs test. 

Think you may qualify?  Contact Fredrick Niemann today.

For more information on car accident cases, click here.

There is an automobile accident every 10 seconds of every day in America, over 6 million every year. Every 13 minutes there is a death caused by a motor vehicle accident. These car accidents cause over 40,000 deaths and 3 million injuries each year. Because New Jersey’s highways are so heavily traveled, a disproportionate number of these accidents occur in our state. Medical bills, lost wages, physical incapacity, rehabilitation and future healthcare may seem insurmountable obstacles, especially when confronted with dealing with the other driver’s insurance company.

In New Jersey, when a loved one dies because of the carelessness of another, the survivors may be entitled to damages.
In New Jersey, the verdict or judgment of the court trying the case includes, but may not be limited to, damages for the following:

1.  Sorrow, mental anguish, pain and suffering which may include society, companionship, comfort, guidance, and advice of the decedent;

2.  Compensation for reasonably expected loss of (i) income of the decedent and (ii) services, protection, care and assistance provided by the decedent;

3.  Expenses for the care, treatment and hospitalization of the decedent incident to the injury resulting in death;

4.  Reasonable funeral expenses; and

5.  Punitive damages may be recovered in New Jersey for willful or wanton conduct, or such recklessness that demonstrates a conscious disregard for the safety of others.
 
You can send a confidential message to Christopher J. Hanlon right now or call at 732-863-9900 Ext. 108, about a wrongful death claim or lawsuit because of a death related accident.
 

To learn more about Employment Law, click here.

The ADEA protects people 40 years of age or older from discrimination in the workplace or when applying for jobs.  The ADEA further protects workers from retaliation for openly opposing discriminatory practices based on age or from cooperating with or participating in litigation under the ADEA.  The ADEA covers employers with 20 or more employees, including state and local governments. To learn more about your rights under this federal statute, check out the EEOC’s ADEA page.

To learn more about franchise agreements, click here.

Although the FTC-required disclosure documents are mandatory for first-time purchasers of a franchise, there are no required government disclosure documents that must be furnished to the buyer of an existing franchise business. The seller of the franchise is not required to provide the would-be buyer with the franchiser’s disclosure document.

You will want to very carefully study the terms of the existing franchise contract between the existing franchise and the franchiser. How long is its remaining term? Is the price reasonable? Will the operator compete with you afterwards? How does it compare with new franchises the franchiser sells to others? Will you be acceptable to the franchiser? Franchisers invariably have right to approve the transfer or sale of a franchise, or even to negotiate the right to buy back the franchise, and you don’t want to be a seller’s stalking horse.

An investment in a franchise is a substantial commitment of your money, your time, and your reputation. Our advice is to retain a lawyer to assist you in the process. It usually pays for itself many times over.

Business is a maze:  Let the experienced business law attorneys at Hanlon Niemann of Freehold, New Jersey guide you through the complexities of state and federal laws and regulations.