2053 Woodbridge Avenue - Edison, NJ 08817

Monday, July 02, 2007

NJ Laws Newsletter E167 November 6, 2004

In this issue:
1. In the Event that You or a Member of Your Family Suffers Serious Injury Due to the Negligence of Others....
2. Executor Commissions in a Probate Case
3. Drunk car owner can be guilty of Allowing another to drive drunk
4. Ethics- Attorney must advise Judge if indictable criminal charges pending.
5. New articles this week on website: "Possession of Hashish Charges- Penalties"

1. In the Event that You or a Member of Your Family Suffers Serious Injury Due to the Negligence of Others....
Know Your Rights

Some insurance industry figures estimate that over 20% of drivers are driving on our roads with no liability coverage! Many other drivers are underinsured for cases involving serious injuries. In New Jersey, you have the right to obtain uninsured/underinsured motorist coverage which protects you in the event that the at fault driver is not adequately insured. An attorney can explain the rights and obligations associated with each type of coverage, and can assist you in discovering all available insurance.

New Jersey law requires a victim to bring a claim within a specific time period, or legal action is barred forever. It is also critical to document and preserve important evidence related to a potential claim as soon as possible. An attorney can offer advice to ensure that your rights will not be jeopardized by the passage of time.

If an insurance adjuster asks you to sign a release or other legal document, attempts to obtain a recorded statement in person or by telephone, offers you legal advice or discourages you from speaking with a lawyer, BE CAUTIOUS! Insurance adjusters are not permitted to engage in the unauthorized practice of law. An injury attorney will offer advice that protects you, not the insurance company.

For more information, see http://www.njlaws.com/rights_in_negligence_cases.htm

2. Executor Commissions in a Probate Case

There are three kinds of commission: Corpus commission (Title 3b: 18-25), income commission (Title 3b: 18-24), and termination commission (Title 3b: 18-28).

These areas are extremely complex, and you should not attempt to reach a decision on whether or not to take action (and, if so what action to take) without the assistance of counsel.

You must call to schedule an in-office consultation as we cannot provide legal advice over the phone.

The following New Jersey statute sets forth the annual commissions on corpus

3B:18-25. Fiduciaries [Executors and Administrators] may take annual commissions on corpus

3B:18-25. a. Fiduciaries may annually, without court allowance, take commissions on corpus (including accumulated income which has been invested by the fiduciary) in the amount of $5.00 per thousand dollars of corpus value on the first $400,000.00 of value of corpus and $3.00 per thousand dollars of the corpus value in excess of $400,000.00. [Corpus commission - is similar to a guardianship. Take the first $400,000, multiply one half of 1%, multiply again by the number of months of the period of accounting divided by 12. Over $400,000, multiply by .003 by anything over $400,000 times the number of months divided by 12. The idea is that if you only work for 3 months, you will not get the whole year. When there is more than one trustee, you can add 1/5 of the corpus commission for each additional trustee. Trustee is also allowed to take income commission, which is 6% of the income commission. ]

b. Notwithstanding the provisions of subsection a. of this section, if the fiduciary is a banking institution, foreign bank or savings and loan association authorized to exercise fiduciary powers, the fiduciary shall be entitled to such commissions as may be reasonable.

For more information, see our new article on our website "Executor Commissions in a Probate Case"

3. Drunk car owner can be guilty of Allowing another to drive drunk State v. Zanger ___ NJ Super. ___ Appeal No. 51-2003 (Law Div. Decided March 29, 2004).
Deciding an issue of first impression, the court held that a person who permits another to operate his motor vehicle while the permittee is intoxicated is guilty of violating N.J.S.A. 29:4-50(a), even if he is too impaired by alcohol, narcotics or drugs to know of the permittee's impaired condition to drive.

4. Ethics- Attorney must advise Judge if indictable criminal charges pending.
In the Matter of Jack L. Seelig, an Attorney at Law ___ NJ ___ D-229-01 (Decided June 24, 2004).
Neither the client's Sixth Amendment rights nor any other duty to the client would prohibit an attorney in the circumstances of this case from informing the municipal court about pending indictable charges against the client. RPC 3.3(a)(5) requires disclosure in these circumstances to prevent a court from being misled by the attorney's silence. No discipline will be imposed on Jack L. Seelig, however, because he acted in good faith and the issue presented is novel.


5. New articles this week on website:
Possession of Hashish Charges- Penalties
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
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website: www.njlaws.com
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Editor's Note and Disclaimer: All materials Copyright 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.