Ken Vercammen's NJ Laws email newsletter December 25, 2003 #143 In this issue: 1. 1. Attorneys Permitted as Executor in a Will 2. TURNING HOUSE OVER TO CHILDREN? Read this first 3. DWI cases- Nurse Certificate Admissible In DWI Even Though No Notary to witness signature on paperwork. 4. School Random Drug tests Permissible. 5. Gunshots Permitted Search of Car. _______________________ 1. Attorneys Permitted as Executor in a Will Many people wishing to have a new Will prepared are uncertain as to who to select as Executor. The Rules of Professional Conduct permit an attorney to serve as Executor of an estate. The following are 5 reasons why people have selected attorneys as Executors: 1. Attorneys who are not family members are not influenced by past family concerns or squabbles. Attorneys often have the staff and resources to liquidate assets, do paperwork, pay creditors and distribute assets to beneficiaries. 2. There may be no family members in New Jersey to go to Surrogate's office and qualify as Executor. 3. Family members not able to open and balance check-book and financial records due to age or inexperience. 4. No one in family wants to be executor. 5. Children fight amongst each other - Attorneys are independent. The last thing you want is your heirs arguing over their inheritances after you are gone. So, to avoid hard feelings and even legal disputes, here are few helpful tips to consider: Make a valid Will. A Will is a legal record to tell your loved ones how you want your property divided. Leaving a valid Will is the best way to be clear about your desires and wishes. Without a Will, the state in which you live Will distribute your assets for you according to law. Don't leave verbal instructions to your heirs. Oral instructions don't have any legal effect. For example, don't leave your business in your Will to the oldest child, but then verbally ask that child to share the proceeds with your other children after your death. Your oldest child doesn't have any legal obligations to do so, and you could - unintentionally - create hard feelings among your children. Keep your Will updated. Your Will needs to be updated as major changes take place in your life such as marriage, divorce, birth of a grandchild, buying new property or selling existing property. An outdated Will can be just as damaging to your family as no Will at all. When planning the distribution of your estate, it is best to consult your legal advisor to make sure your wishes are carried out. ___________________ 2. TURNING HOUSE OVER TO CHILDREN? Read this first 4 Benefits: (1) Avoid nursing home/ Medicaid getting the house if you have to go into nursing home within 3 years. (2) Gives responsibility/ up keep to children. (3) Transfers property to avoid probate. (4) Children responsible for taxes. Some people want to transfer homes in 2002 for Federal Estate and Gift tax 4 Problems: (1) Children/ new owners can kick you out and sell the house. (2) If children don't pay taxes or sewer charges, town can foreclose. If there is lawsuit against children, lose house or lien. If child dies, who gets the house? (3) Lose senior citizen and/or veterans benefits, life line, homestead rebate. (4) If child does not live in house, possible high capital gains tax. Legal fees and County Clerk costs for attorney to prepare Deed, Affidavit of Title, 1099 substitute tax form, Affidavit of Transfer Tax exemption and filing with County Clerk $300 when Deed is signed in our office. _________________ 3. DWI cases- Nurse Certificate Admissible In DWI Even Though No Notary to witness signature on paperwork. State v. DeFrank 362 NJ Super. 1 (App. Div. 2003). Defendant was convicted of driving while intoxicated. At trial, a certificate signed by the nurse who drew a sample of his blood for alcohol-content analysis was admitted into evidence pursuant to N.J.S.A. 2A:62-11. The certificate contained a certification that met all of the requirements of R. 1:4-4(b). Defendant argued that the certificate should not have been admitted into evidence because the nurseıs signature was not notarized by a notary public as required by N.J.S.A. 2A:62-11. We held hat the fact that the certificate was not signed in the presence of a notary public does not in any way diminish the legal obligation of its signatory to tell the truth nor prevent the criminal prosecution of those who make false statements therein. In this context, the underlying purpose for the procedural requirements in N.J.S.A. 2A: 62A-11 were satisfied. The certificate was properly admitted as evidence that defendantıs blood was drawn by a medical professional, in a medically acceptable manner. 4. School Random Drug tests Permissible. Joye v. Hunterdon Central Bd. of Educ. 176 NJ 568 ( 2003). The school boardıs random drug and alcohol testing program is permissible under Article I, paragraph 7 of the New Jersey Constitution. 5. Gunshots Permitted Search of Car. State v. Wilson 362 NJ Super. 319 (App. Div. 2003). Warrantless motor vehicle search upheld based on probable cause and exigent circumstances. After a daytime shooting near the Boardwalk in Atlantic City, police captured persons identified as the shooter and the driver. The car was found in the same area. The police searched the vehicle without a warrant and found a handgun. Exigent circumstances required search of the automobile to locate the weapon. _________________________ Thank you for reading our newsletter! God Bless America USA #1 Kenneth Vercammen, Esq. [former 8 Year Committeeman in Edison} Past Judicial Law Clerk- Hon. Harry Cole, Court of Appeals of Maryland, their Supreme Court. Judge Harry Cole was the first African-American to serve on Maryland's highest court. 2053 Woodbridge Ave. Edison, NJ 08817 NEW PHONE 732-572-0500 New (Fax) 732-572-0030 website: www.njlaws.com We handle accident cases where people have been injured because of the negligence of others. Put our experience to work for you. Editor's Note and Disclaimer: All materials Copyright 2003-2004. 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 an attorney's 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 To remove, just email back & type in subject remove. Removals are performed by the webmaster once per month.