Monday, August 8, 2016

Tenants by entirety, joint tenants and tenants in common


Trusts Within Wills to Protect Children's Assets



Set up Trusts within Wills to protect Assets of children under age 30

Example  The principal held in each child's share shall be distributed to him or her upon his or her attaining the age of thirty (30) years.
 In the event either of my children have not attained the age of thirty (30) years, if he or she has attained or upon his or her attaining the age of twenty two (22) years, my Trustee shall distribute one-third (1/3) of the principal held in such child's share to him or her.
 If either child has attained or upon attaining the age of twenty five (25) years, an additional one-half (1/2) of the balance of the principal held in such child's share shall be distributed to him or her.  Upon attaining the age of thirty (30) years, the balance of the principal held in such child's share shall be distributed to him or her. More info at http://www.njlaws.com/wills_children_and_guardians.htm

 There may come a time when a parent is  unable, due to physical or mental incapacity, to take care of their minor children. In these circumstances, those caring for the children as well as the courts will need direction. By writing and executing a Will which includes instructions on guardianship one may select someone, either individually or jointly,  with the legal authority to act for minor children and assume control over the assets of the children. Estate planning, which includes the execution of a Will, is just as important for young families with minor children as they are for senior citizens.
Guardians
     Most individuals appoint their spouse to act as Guardian of the person and property of their minor children.  It is suggested that your Will include a clause which provides that in the event your spouse predeceases you, or is unsuitable or ceases to act as Guardian of the person and property of your minor children, you appoint a trusted family member or close friend to act as successor Guardian of the person and property of your minor children.

Trustee
     Select a trusted person, a close relative or friends, who will invest and hold your children's money.  In your Will you can  instruct the Trustee to apply amounts of income and principal as they, in their sole discretion, deem proper for the health, maintenance, education, welfare, or support of your children or other minors. Direct that the trustee shall accumulate any income not needed for the above purposes, paying and transferring the portion held in trust to the beneficiary upon his or her attaining the age of majority or whichever age you select.

Sale of House In a Probate Case


School Bus Passing Penalties 39 4 128 1

39:4-128.1 Passing school bus while
picking up or discharging
First offense: Fine or
imprisonment not exceeding 15
days or 15 days community
service, or both
fine $100 -$1,000

5 NJ MVC Points 39:4-128.1 Improper passing of school bus 5
Plus 5 car insurance points
Plus Judge Can Suspend DL for Willful Traffic Offense.
State v. Moran  202 NJ 311 (2010)
 The license suspension provision of N.J.S.A. 39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and defendant, like all motorists, is presumed to know the law.  To ensure that license suspensions meted out pursuant to N.J.S.A. 39:5-31 are imposed in a reasonably fair and uniform manner, so that similarly situated defendants are treated similarly, the Court today defines the term “willful violation” contained in N.J.S.A. 39:5-31 and enunciates sentencing standards to guide municipal court and Law Division judges


Subsequent offense: Fine or
imprisonment not exceeding 15
days, or both
$250 -$1,000

Plus Judge Can Suspend DL for Willful Traffic Offense.
State v. Moran  202 NJ 311 (2010)
 The license suspension provision of N.J.S.A. 39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and defendant, like all motorists, is presumed to know the law.  To ensure that license suspensions meted out pursuant to N.J.S.A. 39:5-31 are imposed in a reasonably fair and uniform manner, so that similarly situated defendants are treated similarly, the Court today defines the term “willful violation” contained in N.J.S.A. 39:5-31 and enunciates sentencing standards to guide municipal court and Law Division judges

NJSA 39:4-128.1 Passing a School Bus - Penalties

www.njlaws.com/passing_school_bus.html?id=913&a=
Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.

Tuesday, August 2, 2016




Cell phone ticket penalties increased



3rd Cell phone use includes possible 90-day loss of license
Starting back on July 1, 2014, the fines for talking or texting on a hand-held wireless communications device were increased. More details athttp://www.njlaws.com/39_4-97_3cellph...


39:4-97.3 d. A person who violates this section shall be fined as follows:

(1) for a first offense, not less than $200 or more than $400 plus court costs and possible court appearance;

(2) for a second offense, not less than $400 or more than $600 plus court costs; and

(3) for a third or subsequent offense, not less than $600 or more than $800 plus court costs .

For a third or subsequent violation, the court, in its discretion, may order the person to forfeit the right to operate a motor vehicle over the highways of this State for a period of 90 days. In addition, a person convicted of a third or subsequent violation shall be assessed three motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.
A person can hire an attorney to negotiate no loss of license on a 3rd offense. It is not cost effective to hire an attorney on the first or 2nd offense.

Careless driving plea bargain


39:4-97 Careless driving
    39:4-104 Fine or imprisonment not
exceeding 15 days, or both
$50 $200 plus court costs
NJ MVC Points 39:4-97 Careless driving 2
And 2 Car insurance points
Plus Judge Can Suspend DL for Willful Traffic Offense.
State v. Moran  202 NJ 311 (2010)
 The license suspension provision of N.J.S.A. 39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and defendant, like all motorists, is presumed to know the law.  To ensure that license suspensions meted out pursuant to N.J.S.A. 39:5-31 are imposed in a reasonably fair and uniform manner, so that similarly situated defendants are treated similarly, the Court today defines the term “willful violation” contained in N.J.S.A. 39:5-31 and enunciates sentencing standards to guide municipal court and Law Division judges. More info at http://www.njlaws.com/careless_reckless_driving.htm