In this issue:
1. Undue Influence as Defense to Will or Power of Attorney
2. Disclaimers in Probate.
3. Private criminal complainant cannot appeal dismissal of charge.
4. 3-month suspension for driving while under the influence does not apply retroactively.
5. Change in DWI Plea Agreements in Municipal Court
6. Calendar of Events
7. Sept 16 20th Anniversary Party- Directions to the Law Office & Social:
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1. Undue Influence as Defense to Will or Power of Attorney
One of the major cases dealing with undue influence was Haynes v. First National State Bank of New Jersey, 87 N.J. 163, 75-76 (1981). Here the Supreme Court held that the burden of proof establishing undue influence shifts to the proponent when a will benefits a person who stood in a confidential relationship to the decedent and there are suspicious circumstances which need explanation. The suspicious circumstances need only be slight. Id. at 176. Moreover, when the evidence is almost entirely in the possession of one party and the evidence points to the proponent as asserting undue influence, a clear and convincing standard may be applied rather than the normal burden of proof of preponderance of the evidence. Id. at 183.
More information on our new web article:
http://www.njlaws.com/Undue-Influence-of-Attorney.htm
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2. Disclaimers in Probate. The Probate law in New Jersey was revised effective 2005. Sometimes a beneficiary may want to disclaim an inheritance for personal or tax reasons.
State Law 3B:9-2 sets forth the revised law or disclaimer, sometimes called Renunciation.
More details at http://www.njlaws.com/disclaimer-by-a-beneficiary.htm
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3. Private criminal complainant cannot appeal dismissal of charge. State v. Vitiello 377 NJ Super. 452 (App. Div. 2005).
Where a case is dismissed by the assignment judge with the consent of the county prosecutor, the victim or complainant may not appeal. Here, a complaint was dismissed as de minimis, with the prosecutor's consent or lack of objection, and the complainant's appeal to the Appellate Division was dismissed.
4. 3-month suspension for driving while under the influence does not apply retroactively. State v. Chambers 377 NJ Super. 365 (App. Div. 2005).
The 2004 amendment to N.J.S.A. 39:4-50(a)(1) that reduced the period of license suspension for some first-time driving while under the influence of alcohol offenses from a minimum of six months to three months does not apply retroactively to a case where the defendant violated N.J.S.A. 39:4-50 and was convicted in a municipal court before the amendment's effective date.
5. Change in DWI Plea Agreements in Municipal Court
The amended guidelines prohibit plea agreements that result in the dismissal of charges for refusing to take the blood alcohol test in exchange for pleading guilty to drunk driving.
For more info, visit: http://www.geocities.com/kenvnjlaw/dwirefusal.html
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6. Calendar of Events
Sept 12 NJSBA Mun Ct. Section
Sept. 12 Brendan's Birthday
Sept. 13 Middlesex Chamber of Commerce- Largest Networking Party 4pm- Hyatt Regency
Sept. 16 20th Anniversary Party- Edison
30th Annual Summer Blast
Sept 23 Rutgers women soccer vs Georgetown 7pm
Oct. 1 Metuchen Fair
Oct. 1 Carnegie 5k Unlimited Free Pizza, beer, nice trophies
Oct. 7 Widener University Law School 30th Anniversary Celebration
Friday, October 7, 2005
Cocktails 6:00 - 8:00 p.m.
Dinner 8:00 p.m.
The National Constitution Center
525 Arch Street, Independence Mall
Philadelphia, Pennsylvania
(Exhibits will be open.)
Black Tie Optional
$100 per person
For information call (302) 477-2172 or Ken Vercammen
Oct. 17 Edison Wills
Oct. 21 American Bar Association Law Practice Management Section Meeting Philadelphia, Pennsylvania
Oct. 22 Hunt / Race at Far Hill steeplechase
Oct. 23 East Brunswick 1pm RVRR well run event. Road closed to traffic
Oct. 30 10am South Brunswick Run with Vikings 5k
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7. Kenneth Vercammen
Attorney at Law
20th Anniversary Party- Directions to the Law Office & Social:
"Celebrating 20 years of providing excellent service to clients"
1985-2005
Friday, September 16, 2005
5-8PM
Client & Community Appreciation Social.
Food, Refreshments, T- shirts and special gifts
Mark your Calendar. Tell your friends.
U.S. Highway 1 North (from South Brunswick/Trenton)
Use the "Fords" exit for Route 514 East (first exit after Morris Goodkind bridge over Raritan River). On Route 514 East (Woodbridge Avenue), proceed to the next traffic light. After light and Green Derby Bar, our office is on the left side, next to Kal's Deli.
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U.S. Highway 1 South (from Woodbridge)
Pass Wick Plaza & Pathmark. Take exit for Route 514 East jug handle (Woodbridge Ave.).
Take bridge over Route 1 to 514/Woodbridge Ave. On Route 514 East (Woodbridge Avenue), proceed to the next traffic light. After light and Green Derby Bar, our office is on the left side, next to Kal's Deli. You can park near Green Derby during our parking lot expansion.
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Garden State Parkway North (From Shore area)
Use Exit 127 (440/287) and follow signs for Interstate 287 North.
Proceed for approximately one half mile on 287(stay on right side). Look for West 514 Bonhampton section of Edison.
Follow signs for Route 514 West onto 514/ Woodbridge Avenue.
Proceed approximately 4 miles. Our office is on the right, 3 houses past Plainfield Ave. and the small Nixon Post Office. You can park near Green Derby during our parking lot expansion.
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Garden State Parkway South
Take Exit 130 to U.S. Highway 1 South. Follow directions from Route 1 South.
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New Jersey Turnpike (North and South)
Take Exit 10. After toll, follow signs to Highland Park/Route 514 West /Raritan Center.
Get on Rt 514 west, which is Woodbridge Avenue. Go approx. 4 miles.
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Interstate Highway 287 North (From Somerville area)
Exit at West Route 514 (Woodbridge Avenue). follow signs to Highland Park/Route 514/Raritan Center. Get on Rt 514, which is Woodbridge Avenue. Go approx. 4 miles.
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Interstate Highway 287 South (Rt. 440 from Staten Island)
Exit at Route 514 West (Woodbridge Avenue). Follow sign for Raritan Center, Middlesex County College and Bonhampton section of Edison. Follow signs to /Route 514
Get on Rt 514, which is Woodbridge Avenue. Go approx. 4 miles.
-Yes, We will be attending the party-
fax back to Law Office Fax: 732-572-0030 or email to KenV@njlaws.com
Name: _____________________________
email: _____________________________________
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Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com
"Celebrating 20 years of providing excellent service to clients 1985-2005"
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2005. 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.
