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Sunday, January 21, 2007

NJ Laws Newsletter E235 January 21, 2007

NJ Laws newsletter E235 The New NJ Probate Law makes a number of substantial changes in Probate and the administration of estates and trusts in New Jersey. Update your Will now.

In this issue:
1. The New NJ Probate Law makes a number of substantial changes in Probate and the administration of estates and trusts in New Jersey. Update your Will now.
2 Recent cases: Due Process Violated if Judge Finds Final Restraining Order FRO on Acts Not Alleged in Complaint.
3 Person in Stopped, Parked Car Not Guilty of DWI.
4. Brendan Vercammen- now 17-0 in wrestling
5. Raritan Valley Road Runners RVRR Winter Banquet

January 21, 2007

1. The New NJ Probate Law makes a number of substantial changes in Probate and the administration of estates and trusts in New Jersey. Update your Will now.
The law now includes situations where writings that are intended as Wills would be allowed, but requires that the burden of proof on the proponent would be by clear and convincing evidence. The law provides that divorce or annulment of a marriage, under certain circumstances, would revoke not only provisions of the former spouse's Will, but also non-probate transfers occurring by reason of the decedent's death to the former spouse. The law expands the provisions requiring survival of a beneficiary by 120 hours to succeed to an interest of a decedent in non-probate transfers.
The law also makes substantial revisions to the laws governing intestate succession. For example, the law provides that the intestate share of a surviving spouse would be 100 percent of the intestate estate where all of the surviving descendants of the decedent are also the descendants of the surviving spouse and the surviving spouse has no other descendants. Further, the surviving spouse is now entitled to a larger share of the estate in the event that either a parent of the decedent survives a decedent who has no descendants, or there are descendants of the surviving spouse who are not descendants of the decedent. Finally, stepchildren of a decedent would be added as a final class of takers.
The law consolidates the law concerning disclaimers of probate and non-probate property. The law clarifies that a fiduciary may, with court approval, disclaim any power or discretion held by such fiduciary, and may disclaim without court approval if the governing instrument so permits.
Finally, the law expands the rules of construction formerly applicable only to wills to other donative transfers. The law provides a statute of limitations with respect to creditor claims against a decedent's estate.
See the NJ Elder Law blog: http://elder-law.blogspot.com/

2 Recent cases: Due Process Violated if Judge Finds Final Restraining Order FRO on Acts Not Alleged in Complaint. M.H. v. R.C. Appellate Division, A-0649-05-T30649-05T3, May 24, 2006, unpublished.

The final restraining order entered against defendant is reversed, where the judge found that plaintiff had failed to prove that defendant committed acts of domestic violence on the dates alleged in the complaint (harassment, and threats to "get her," turn her in to the IRS, and burn her house down, and "monitoring her" from her yard), but nevertheless entered the FRO, finding that defendant was responsible for propping up newspapers in the vicinity of the hot water heater on another occasion. Although past history may be considered by a trial judge, it constitutes a fundamental violation of due process to convert a hearing on a complaint alleging one act of domestic violence into a hearing on other acts of domestic violence that are not even alleged in the complaint. Source: NJ Law Journal May 29,2006 p. 57
3 Person in Stopped, Parked Car Not Guilty of DWI. State v. Knolmayer Appellate Division, A-4836-04T2, April 5, 2006, unpublished

Conviction of driving while intoxicated reversed, and conviction of refusal to submit to a Breathalyzer test reversed and remanded for a new trial; as to the DWI conviction, the Law Division’s conclusion that the State had proved the defendant’s “intent to operate” his vehicle was not supported by the evidence, which indicated (1) that a police officer found the defendant seated in the driver’s seat of his car at 2:06 a.m. with the engine off and without a key in the ignition, (2) that the car was “legally parked in a residential neighborhood,” was not parked awkwardly, and was not visibly damaged, (3) that the officer did not see the defendant drive his car, and (4) that the defendant’s assertions that he had not driven were “uncontroverted”; furthermore, the State did not prove an inference of operation because the ignition key was secured in a console and was found only when the vehicle was searched; as to the refusal conviction, it had to be retried under the beyond a reasonable doubt standard of proof pursuant to State v. Cummings. Source: Facts-on-Call Order No. 19483

4. Brendan Vercammen- now 17-0 in South Brunswick JV wrestling, including 2-0 varsity, all pins.
See varsity win:
http://www.thnt.com/apps/pbcs.dll/article?AID=2007701200333

5. Raritan Valley Road Runners RVRR Winter Banquet
Date: Saturday, February 3, 2007
Members & Guests Welcome
Dinner • Beverages • Good Company
Music • Dancing • Beer!

Time: 6 PM to 11 PM
Place: Robert Frey Hall, 216 Joseph Street, East Brunswick NJ
Cost
$35 postmarked after January 13 through Feb. 1st.
RVRR Member Name(s):_______________________________ _______________
Guest(s):___________________________________ _____________________________
Phone ______________________________ ______________________________
Amount Enclosed @ $__________/person: _____
$35 after January 13 through February 1)
Did you win any races this year (overall) yes/no. Name of

RVRR Winter Banquet
C/O Stephen Kornstein, 73 Frances Drive, Clark, NJ 07066

For additional information, contact Cheryl Scher at 732.822.8212
http://www.rvrr.org/socialevents.htm
_____________________________

Our law blog- http://njlaws1.blogspot.com/
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