Ken Vercammen's NJ Laws email newsletter February 2, 2003 #116 In this issue: 1. Protecting Yourself with Adequate insurance ________________________ 1. Protecting Yourself with Adequate insurance 1a. Q. How can I protect myself and my family if we are sued from losing our home? A. A standard policy provides liability insurance with minimum limits of $15,000 per person/ $30,000 per accident if you or your family are sued; however you may purchase additional coverage to protect your assets. 4. Q. How can I protect myself and my family if we are injured by a careless driver who is uninsured or unidentified? A. A standard policy automatically provides coverage for injuries caused by an uninsured or hit -and-run driver in the amount of $15,000 per person/$30,000 per accident; however, you may purchase additional coverage up to the amount of your liability coverage. 5. Q. How can I protect myself and my family if we are injured by a careless driver who is insured but does not have adequate coverage? A. The amount of your recovery from a careless driver may be limited by the amount of liability insurance purchased by that driver and by the owner of the vehicle; however, if you purchase a standard policy, you can purchase underinsured motorist coverage up to the amount of your liability coverage. 6. Q. How much coverage is good if I own a home? A. Most people feel that the minimum limits of $15,000 per person/$30,000 per accident are inadequate. Many people purchase additional coverage up to $100,000/300,000 or $250,000/500,000. We recommend that you purchase liability coverage with single limits of $500,000 or the highest limits that you can afford. In addition, you should purchase uninsured/underinsured motorist coverage with the same limits as your liability coverage. 7. Q. How do I choose the type of automobile insurance coverage that I want for myself and my family? A. When you purchase or renew your policy, you will be provided with a coverage selection form. We recommend that you make the following selections: Standard policy - Yes Basic policy - No No limitation on lawsuit option - Yes Limitation on lawsuit option - No PIP medical expenses $250,000 - Yes PIP medical expenses $15,000/50,000/75,000/150,000 - No Uninsured/Underinsured - Yes, with same limits as liability coverage. If you do not sign the coverage selection form, you will be assigned a standard policy with $250,000 of PIP medical expenses and the lawsuit limitation option. 8. Q. Can I purchase other insurance protection in addition to automobile insurance? A. Yes. You can purchase a personal catastrophe liability umbrella at a reasonable cost that will provide additional coverage if a claim is made against you or any resident family member for injuries sustained by another person anywhere in the world due to the operation of a motor vehicle or for any other reason. In addition, some companies offer umbrella policies that include uninsured/underinsured motorist coverage. WE RECOMMEND THAT YOU PURCHASE A PERSONAL CATASTROPHE LIABILITY UMBRELLA WITH LIMITS OF $1 MILLION. ____________________________ 2. Recent Criminal cases: Possession of Drugs on Person Alone Does Not Permit Search of Car. State v. Wilson ___ NJ Super. ___ A-6733-00T4 (App. Div. October 30, 2002). This appeal addresses the question of whether drugs found on a person who was recently a passenger in a vehicle constitute probable cause to search that vehicle. On the facts presented we hold that probable cause was not established. No Stop Permitted On Anonymous Tip. State v. Golotta ___ NJ Super. ___ A-4107-01T3 (App. Div. October 24, 2002). Police did not have reasonable suspicion of criminal or quasi-criminal activity to stop motor vehicle based solely on a tip from an anonymous caller. Furthermore, due to the very narrow factual focus of the testimony at the suppression motion in the municipal court, the Law Division judge should have remanded the matter to the municipal court rather than enter a judgment of acquittal after it granted defendant's motion to suppress. ______________________ 3. Probate Agreements to Provide Legal Services In a Probate/Estate matter, the Executor/Administrator will be given a choice as to legal fees to be paid. A typical representation agreement required by the Rules of Court in a Probate matter is the following: PROBATE AGREEMENT TO PROVIDE LEGAL SERVICES THIS AGREEMENT, dated _______________________ is made BETWEEN the Client, __________ [Executor/ Administrator] whose address is referred to as "You" AND ATTORNEY referred to as the "Law Firm" 1. Deceased. The person who died is _______________ who formerly resided at ____________ and is referred to as the Deceased 2. Estate of the Deceased. You have either been named as the executor in the will of the Deceased or want to be appointed as the administrator of the estate of the Deceased who died without a will. The executor or administrator is the person who collects the assets of the Deceased, pays the just debts of the Deceased and gives what is left to the family of the Deceased or to the beneficiaries named in the will. 3. Legal Services To Be Provided. You agree that the Law Firm will provide legal services to you to assist you in performing your duties as executor of administrator of the estate. The legal work includes: (a) reviewing and analyzing the will or advising you as to the persons who will take the Deceased estate according to law; (b) advising you what must be done; (c) making arrangements for you to go to the Courthouse to be appointed executor or administrator of the estate (d) preparation of Notice of Probate to Beneficiaries (e) fill out inheritance tax forms (f) preparation of Release and Refunding bond (g) summarizing and seeking Court approval for your actions, if necessary; and (h) correspondence to persons receiving benefits from the estate. 4. Costs and Expenses. In addition to legal fees, the estate of the Deceased must pay the following costs and expenses: Experts fees, court costs, accountants' fees, appraisers' fees, service fees, investigator fees, deposition costs, messenger services, photocopying charges, telephone toll calls, postage and any other necessary expenses in this matter. 5. Legal Fees. At this time, it is impossible to tell exactly how much time and effort will be required of the Law Firm to properly represent you. If there is no litigation or other complications which require an abnormal amount of work, the amount of the final bill for legal expensed will be: (Check if applicable) [ ] 5% percent of the gross probate estate. This includes the total value of the property which is subject to administration by the executor or administrator of the estate. [ ] 5% percent of the total gross assets of the estate as will be reported to the Inheritance Tax Bureau. [ ] Hourly Rate. You agree to pay the Law Firm for legal services at the following rates: Rate Per Hour Services of $ 225.00- $275 ATTORNEY You will be billed at these hourly rates for all services rendered. This includes telephone calls (minimum charge of 1/4 hour ), dictating and reviewing letters, travel time to and from meetings and the Court, legal research, negotiations and any other service relating to this matter. 6. Payment of Fees. The agreed upon fees will be paid as follows: (check if applicable) [ ] Schedule of Payments. initial payment: on filing of the inheritance tax return: on service of final accounting on the beneficiaries: on making the final distribution: [X ] Bills. The Firm will send you itemized bills from time to time. All bills for costs and legal expenses are due upon receipt. The estate of the Deceased will be charged interest at a yearly rate of 18% on any remaining balance not paid within 30 days from the date on the bill. 7. Your Responsibility. You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter. You must also pay all bills required by this Agreement. If you do not comply with these requirement, the Law Firm may withdraw from representing you. The Law Firm will also withdraw at your request. Signatures. You and the Law Firm have read and agree to this Agreement. The Law Firm has answered all of your questions and fully explained this Agreement to your complete satisfaction. You have been given a copy of this Agreement. _____________ 4. Reasons to Become a Member of the Elks BECAUSE We Elks are a nationwide fraternal organization of well over a million American citizens. We love our country and desire to preserve its cherished institutions, traditions and values. We respect our neighbors and constantly seek to promote their well being. We love and enjoy life and believe this enjoyment is increased by sharing it with family, friends and all with whom we come in contact. BECAUSE We expend over two million dollars yearly to bring encouragement, cheer and comfort to hospitalized veterans throughout the United States in fulfillment of our solemn pledge: ³So long as there are veterans in our hospitals, the Benevolent and Protective Order of Elks will never forget them.² BECAUSE Through our local Lodge, district, state and national programs, we provide healthful activities, guidance and assistance to over eight million boys and girls every year. We fund scholarships, athletic teams, summer camps, scouting, and drug education programs, We encourage civic, environmental, and patriotic involvement through essay contests, seminars and distribution of materials; as well as family-oriented activities in our Lodges. BECAUSE Elks operate numerous camps, hospitals, clinics, training centers and in-home services for the care and treatment of children and adults with physical disabilities including vision and speech problems, all across the county. BECAUSE In our many benevolence Elks and Lodges throughout the United States spend over forty-five million dollars annually in our various works of community betterment and charitable programs. This does not take into consideration donated hours equivalent to over thirty-five million dollars. BECAUSE In approximately 2,300 Elks Lodges throughout the United States, men prominent in public, business and professional life can be found. In these Lodges, located in the principal cities and towns throughout America, the hand-clasp of fraternity and a warm welcome as a visiting Brother await you. March 8, 2003- Edison Elks 30th Anniversary Party and salute to past Exalted Rule Henry Cackowski Tickets $25 includes 3 hour open bar and buffet. Tickets on sale at the lodge. 732-985-2487 Next issue: Upcoming Will Seminars and new DWI cases _______ Thank you for reading our newsletter! God Bless America Kenneth Vercammen (Phone) 732-906-2180 (Fax) 732-906-2155 website: www.njlaws.com Editor's Note and Disclaimer: All materials Copyright 2002. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included. Always schedule an office appointment with an experienced attorney when you have a legal matter. The Rules of Court limit our ability to discuss matters over the phone. If you have legal questions, you should schedule an in- office consultation. REMOVALS TO BE DONE BY WEBMASTER LONEKEEP.COM ON FEBRUARY 1, 2003. To remove, just email back & type in subject or body remove. Removals are performed by the webmaster once per month.