1. State should present some proof of jurisdiction of court. State v Sylvia 424 NJ Super. 395 (App. Div. 2012)
Defendant was found guilty of driving while under the influence, N.J.S.A. 39:4-50, and refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. On appeal to the Law Division, defendant first challenged the territorial jurisdiction of the municipal court. The Appellate Division concluded that the claim should be assessed under the standards applicable in criminal prosecutions as set forth in State v. Denofa 187 N.J. 24, 44, 46 (2006). In this case the court found the evidence of jurisdiction adequate.
2. Join the NJ State Bar Association NJSBA and Receive for Free the Daily Briefing as a Member Benefit.
The NJ Law Journal & NJSBA will email daily updates in cases. To join the NJSBA as an attorney member, or Associate member contact NJSBA Member Services at 732-249-5000 ext. 2300. More benefits can be found at www.njsba.com.
We also subscribe to the New Jersey Law Journal to receive more detailed case squibs. The unreported case squibs below are examples of NJSBA Law Journal member benefits. To subscribe to the NJ Law Journal call 973-642-0075.
3. To Do Before Summer: Review Your Estate Plan By Susan M. Green, Esquire
Begley E-Lert Editor
It's that time of year again - vacation season! The pre-vacation To Do list keeps getting longer and longer: pack a swimsuit, stop the mail for the week, ask neighbors to water the flowers, set up transportation to the airport. But before you leave for some fun in the sun, add one more item to your To Do list - review your estate plan. Sometimes we become so busy getting ready for relaxation and family time that we overlook the reality that with increased travel comes increased risk. Unfortunately, travel accidents occur everyday, and it would be remiss to neglect to ensure that your affairs are in order before leaving for your trip.
Parents of Minor Children
It is essential that couples with young children have estate plans in place to deal with the unlikely, but possible, scenario that both parents pass away, leaving their children orphaned.
Name preferred guardians.
In your will, you have the opportunity to name the individuals whom you would wish to act as a legal guardian of your child(ren) in the event that you and your spouse have both passed away. It is important to note that naming someone does not guarantee that the individual will definitely act as guardian of your child(ren). That individual must accept the guardianship. Further, a court has the authority to name another individual if there is an appropriate reason to do so.
Create trusts for minors' inheritances.
A second important action for parents of minors is to provide in their wills that any inheritance received by a minor be held in trust. The parents must also choose and name a trustee to administer these funds until the child reaches a specified age. An individual or a corporate trustee may be named; however, many corporate trustees will refuse to accept trusteeship of trust funds under certain amounts.
Successor Executors and Trustees
Many people, whether or not they have minor children, will name only one executor, typically a spouse. It is essential to name successor executors because it is inevitable that one spouse will predecease the other. Once the surviving spouse passes away, someone must be named to administer that estate. Further, a successor executor must be in place in case the primary executor, while still alive, becomes incapacitated or unable to fulfill his or her executorial duties. We typically recommend naming at least two successor executors to provide for these contingencies.
As noted previously, when setting up a trust, it is essential to name a trustee. As with executors, it is necessary to name one or more successor trustees.
Advance Directives and Powers of Attorney
Before leaving for summer vacation, you should also make sure that your advance directives and powers of attorney are up to date. These documents operate while you are still alive, but you are incapacitated and unable to make your own decisions. In the advance directive, you should clarify your preferences for the provision or withdraw of life-sustaining treatment. In the healthcare power of attorney and general durable power of attorney, you should name an agent, as well as successor agents, to act in your stead if you are unable to do so.
Update Existing Documents
Even if you already have documents in place, review them. Circumstances change. Children and grandchildren are born, elderly relatives pass away, or individuals may develop disabilities. You may have purchased a vacation home in another state or received a large inheritance. All of these life changes, as well as changes in laws, affect your estate plan. Documents ought to be reviewed annually to ensure that everything is in order... then, it's time to enjoy that vacation!
Source: Tom Begley, III Begley Law Group, 509 South Lenola Road, Building 7, Moorestown, NJ 08057.
Tom Begley, Esq. and Kenneth Vercammen, Esq. have lectured together at many legal seminars over the years.
4. Welcome Summer Law Students:
Kenneth Vercammen and Associates welcomes the following summer law students who are working on legal matters, community seminars, and are updating the Blog:
Ashley Murphy
Ms. Murphy received her Bachelor's Degree from Seton Hall University in Liberal Arts, majoring in Political Science. She will be entering her 3rd year at Widener University School of Law.
Dipa Patel
Ms. Patel received her Bachelor's Degree from Rutgers' University in Liberal Arts, majoring in Political Science and Economics. She will be entering her 3rd year at Florida Coastal School of Law. She speaks fluently in Gujarati.
Kylie Cohen
Ms. Cohen received her Bachelor's Degree from Seton Hall University in Liberal Arts, majoring in Philosophy, Fine Arts, and Spanish. She will be entering her 2nd year at Seton Hall University School of Law.
Jay Patel
Mr. Patel has received his Bachelor's Degree from Rutgers' University in Liberal Arts, majoring in Political Science. He will be entering his 2nd year at Widener University School of Law. He speaks fluently in Gujarati.
Jesse Long
Mr. Long just graduated Muhlenberg College in May of 2012, receiving a Bachelor's Degree in Liberal Arts, majoring in Politcal Science. He also minored in Business Administration.
Morgan Lobello
Mr. Lobello received his Bachelor's Degree from La Salle University in Liberal Arts, majoring in Criminal Justice. He will be entering 3rd year at Roger Williams University School of Law.
Ryan Amberger
Mr. Amberger received his Bachelor's Degree from Wagner College in Liberal Arts majoring in Business Administration with a concentration in Finance. He will be entering his 2nd year at Rutgers School of Law-Newark.
Taylor Votek
Ms. Votek is entering her junior year as an undergraduate at The University of Miami. She is studying Political Science and Economics with a minor in English and plans to go to law school upon graduation.
5. If You Are Hurt In An Accident, We Can Help
If you are hurt in a car, slip and fall or other type of accident, please call us. We are dedicated to providing the highest quality of legal representation to accident victims. We represent accident victims only - Not insurance companies. We Will fight for your rights and try to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for you. We offer a free, no-obligation consultation.
6. Fun Upcoming Charity Running Races 2012
June 9, 2012 LavaLove Triathlon, Lavallette Jersey Shore Tri Club 6:40am men
June 9, 2012 JSRC Pre Father's Day 5K, 9:00 Allenhurst/Ocean Mike W race director 9am
June 10, 2012 Metuchen Fuce 5k 8:30
June, 12, 2012Tuesday night Raritan Valley Road Runners RVRR 5k summer series New Brunswick Buccleuch Park 7pm
June 16, 2012 George Sheehan Classic now 5k, 8:30 Red Bank jsrc.org
June 16, 2012 Summer Sunrise 8:30 Quality CJRR event
June 17, 2012 Long Branch Triathlon #1 Long Branch, Long Branch Sprint Triathlon Series-1 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch NJ 732-614-6028 Sandyhookers.org
June 18, 2012 PRESIDENT'S CUP NIGHT RACE, 5K, 8pm, Charlie Browns, Millburn Free beer, big post race party
June 23, 2012 Rumson Hash's 10 mile, 10 bar- Long Branch to Belmar This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Cheap beer. They start at 10:17 at the Long Branch Train Station, then stop at Bars in Long Branch, Deal, Loch Arbour, Asbury Park, Ocean Grove, Bradley Beach and Belmar. Finish at Bar A
7. Tables Available to Borrow.
Having a party, First Communion, Graduation? Friends can borrow our Folding Tables, wooden folding chairs, coolers. I had my first summer party back when I was in college. I have accumulated tables and other social event items. We keep these tables, etc in the garage at the law office. If you wish to borrow, just call office to arrange time to pick up. Just bring back clean and don't break them. 732-572-0500
[already borrowed for June 15-17]
8. Thank You for Your Referrals and Positive Comments!
Kenneth Vercammen, Esq. would like to thank all those clients and friends who referred their family and friends to us last month! Kenneth Vercammen & Associates, P.C. prides itself on doing the very best it can for you, and those closest to you.
Editorial Assistance provided by Ashley Murphy.
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