What Happens If You Die Without a Will?

What Happens If You Die Without a Will?
Fredrick P. Niemann, Esq., a NJ Estate Planning Attorney We all know we are supposed to do estate planning, but not all of us get around to it.  So what happens if you don’t have a will when you die? Your estate will be distributed according to state laws, which may or may not be the […]
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Son Responsible For Mom?s Nursing Home Bill
Fredrick P. Niemann, Esq., NJ Asset Protection Attorney Many times the children of elderly clients ask whether they can be held responsible for Mom or Dad’s long term care costs.  My answer always was that there wasn’t anything to worry about unless you take your parents money.  That no longer appears to be the case. A recent […]
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Employers and Job References; the Dilemma
There’s Hope in Immunity Fredrick P. Niemann, Esq., Business Litigation Attorney Whether an employer-employee relationship ends on good terms or with acrimony, a common final act – the employee’s request for a reference for a new job – is increasingly leading to litigation. From the former employer’s standpoint, it can be a case of damned if you do and damned […]
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State’s Democrats Seek Protection for Seniors (MI. USA)

State’s Democrats seek protection for seniors



JUNE 30, 2009

Democrats in the Michigan House of Representatives are pushing a plan to strengthen the state’s elder abuse laws.

The package of bills, dubbed the Elder Abuse Protection Plan, would increase penalties for people convicted of cheating senior citizens and increase consumer protections. Rep. Kate Segal, D-Battle Creek, is sponsoring one of the plan’s bills.

The legislation comes after some high-profile abuse cases made headlines around the state, including two Flint brothers charged with abuse this month after allegedly selling their grandfather’s prescription painkillers. Reports of elder abuse in Michigan have increased 40 percent since 1998, according to the Michigan Department of Human Services.

“What is happening in this state, it is unthinkable and unspeakable,” Segal said during a press conference Monday.

Segal’s bill would require legal guardians to report the cash and cash-convertible assets of an incapacitated person to the court.

Other bills in the plan would require employees of nursing homes and financial institutions to report suspected cases of elder abuse, make it a felony to obtain a signature through fraud or deceit, and prohibit someone charged with felony abuse to win an inheritance from the victim’s estate.

SOURCE: The Battle Creek Enquirer

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Plan to Crack Down on Elder Abuse (MI. USA)

Sentinel-Standard writer

June 29, 2009

With baby boomers aging and more of the population entering their golden years, local lawmakers are doing their part to ensure that senior citizens don’t end up being victimized by those preying on the elderly community.

Rep. Mike Huckleberry, D-Greenville, called elder abuse a concern for residents of Michigan.

“(Elder abuse) often gets swept under the rug here in Michigan,” Rep. Mike Huckleberry, D-Greenville, said during the unveiling of the plan Monday afternoon.

Under a new plan backed by Huckleberry and recently introduced into the state legislature, there would be increased penalties for cheating or defrauding seniors, citizens would be empowered to file criminal complaints against those who scam seniors and they would require financial institutions to do more to disclose the rights of seniors and disclose against fraud.

“The penalties and protections on the books when it comes to elder abuse are not strict enough,” Rep. Mary Valentine, D-Norton Shores, said.

Valentine, who was in Ionia along with Huckleberry to announce the plan, knows all too well the affects of elder abuse on its victims and families.

“This is a topic that is near and dear to my heart,” she said, adding at one time her uncle had fallen victim to financial abuse.

In especially hard economic times, Valentine also said financial elder abuse can hit close to home, especially when some family members might prey on unsuspecting seniors as a means for financial well-being.

In addition to providing protection against fraud and scams against senior citizens, the plan would also create a special community alert in the event of a senior going missing.

Called the Mozelle Alert, it would be a way to notify the public in case a senior citizen goes missing.

It was named after Detroit resident Estella Mozelle Pierce who died after wandering from her home, would be similar to an Amber Alert.

Additionally, with many at the state level doing what it takes to improve the economy by releasing certain offenders from prison, legislators don’t see the elder abuse crackdown as something that will put people back in jail.

“This is stopping people from going to jail,” Huckleberry said, adding the plan would be a deterrent aimed at preventing abuse.

He also called the jail space well deserved for those who do happen to be abusing senior citizens.

“If someone is abusing a senior, they belong in jail,” Huckleberry said.

According to Huckleberry, now that the legislation has been introduced, it is anticipated that it will be further hammered out in various committees before any future legislative action is taken.

“I think we have a good chance of this going through,” he said.

Rep. Brian Calley, R-Portland, said although he hasn’t had the chance to look over the proposal, he believes with people living longer these topics deserve a more thorough look in order to better protect senior citizens.

SOURCE: Sentinel-Standard – Ionia,MI,USA


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Politically Correct Language is an Inappropriate Policy; Harassment Policy Violates Free Speech
When a male graduate student pursuing a degree in military history was inclined to speak his mind in classroom discussions about women in combat and women in the military more generally, he felt inhibited by the university’s broadly worded policy on sexual harassment. In pertinent part, the policy stated that “all forms of sexual harassment are […]
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No Parental Immunity for Father Who Failed to Rescue Son from Fatal Fire
Christopher J. Hanlon, Esq., a Personal Injury Attorney A father’s failure to remove his child from a car before it burst into flames falls outside the exercise of child-rearing philosophy which the parental-immunity doctrine is intended to protect, a state New Jersey appeals could held. The three-judge Appellate Division panel reinstated a dismissed wrongful death suit by […]
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Plan for Long Term Care… Now… or Else
Fredrick Niemann, New Jersey Long Term Care Insurance Attorney “According to some sources, 60% of us will need long term care sometime during our lives. It is important for all of us to prepare for that day when we will need to help loved ones with elder care or we will need elder care for ourselves.” “It […]
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Assisted Living Facility Residents Can Lose Their Homes if Their Facility Stops Participating in Medicaid
Fredrick P. Niemann, Esq., NJ Medicaid Application Attorney Most people want to avoid nursing home care.  Many people believe that assisted living provides them with something better: choice, control, independence, and safety in a “non-institutional, community-based setting.”  What is not widely known is that the protections for nursing home residents provided by the federal Nursing Home […]
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