Ken Vercammen's NJ Laws email newsletter July 19, 2003 #130 In this issue: 1. LAW OFFICE MOVING DAY JULY 22 TO EDISON 2. Probate/Power of Attorney law- Executor or trustee could be liable for court costs and legal fees if the use undue influence 3. DWI Conviction Reversed Where Defendant Not Operating. 4. Old Domestic Violence Order was Be Dissolved where no fear ________ 1. LAW OFFICE MOVING DAY JULY 22 TO EDISON We are excited to announce our law office will be moving to 2053 Woodbridge Avenue, Edison, NJ 08817 off Route 1/ Wick Plaza, near the Nixon Post Office and Middlesex County College on July 22. Our office will be closed so the telecommunications equipment and 10 computers can be moved. NEW PHONE 732-572-0500 New (Fax) 732-572-0030 We will be having a office opening party for clients and friends on Thursday, August 21 , 6-8 pm. For clients and friends who receive our American flag Holiday calendar every December. Did you move. IS YOUR STREET ADDRESS and Phone number current? If you have moved or changed your phone number, please email back New Address: _______________________ New Phone # __________ 2. Probate/Power of Attorney law- Executor or trustee could be liable for court costs and legal fees if the use undue influence When an executor or trustee reaps a substantial economic or financial benefit from undue influence, the fiduciary may be assessed counsel fees incurred by plaintiffs and third parties in litigation to restore the estatešs assets to what they would have been, had the undue influence not occurred; the mother should be jointly and severally liable for all reasonable counsel fees authorized by the Courtšs opinion. In The Matter of the Niles Trust (A-7/8-02, decided May 28, 2003). Seek competent legal counsel for advice when acting as executor or trustee 3. DWI Conviction Reversed Where Defendant Not Operating. State v. O'Brien (Unreported). Defendant's driving while intoxicated conviction is reversed, the panel finding that the state's proofs reveal a reasonable doubt as to whether defendant "operated" her vehicle at a time when she was intoxicated, as she was found by police packed in a driveway, but how or when she got there was never proved, she could have been there for minutes or hours. (Unreported) App. Div. 14-2-2582 4. Old Domestic Violence Order was Be Dissolved where no fear. Corigliano v. Gromack (Unreported). The trial court erred in finding that defendant had not shown "good cause" to dissolve the final restraining order that was entered against him in 1996; although the victim opposed the dissolution application and claimed to remain in "extreme fear" of defendant, there was no objective basis in the record for such fear; defendant did not violate the FRO, had no drug or alcohol problems, had not committed any violent acts, had attended counseling as ordered, and had no contact, direct or indirect, with the victim since the entry of the FRO. Source: 171 N.J.L.J. 479 (Unreported). App. Div. ________________________ Thank you for reading our newsletter! God Bless America USA #1 Kenneth Vercammen NEW PHONE 732-572-0500 New (Fax) 732-572-0030 website: www.njlaws.com Editor's Note and Disclaimer: All materials Copyright 2003. 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 or body remove. Removals are performed by the webmaster once per month.