2053 Woodbridge Avenue - Edison, NJ 08817

Friday, October 15, 2010

E350 1. Benefits and Pitfalls of Pre-nup A greements by Angela Barker, Esq. RECENT CASES: 2. Protective Sweep of Area by Police Som

E350 In This Issue:







1. Copy Fees for Public Records Reduced

Governor Christie signed into law:

Decreases certain public document copy fees; amount of fee dependent upon whether letter size page or legal size page

As amended, this bill decreases the fees set for copies of documents in various parts of the New Jersey statutes relating to government entities, excluding the court system. These Assembly floor amendments change the fees for copies of government records under the open public records act (OPRA) to 5 cents per letter size page or smaller, and 7 cents per legal size page or larger. The amendments also provide that access to electronic records and non-printed materials will be provided free of charge, but the public agency may charge for the actual costs of any needed supplies such as computer discs.

Citizens seeking documents under the Open Public Records Act soon will pay copy fees a fraction of what they once were, thanks to a new law signed Sept. 10. A-559, amending N.J.S.A. 47:1A-5, reduces copy rates to five cents per letter-size page and seven cents per legal-size page, down from a range of 25 cents to 75 cents per page. The law also amends other statutes - N.J.S.A. 22A:4-1a, N.J.S.A. 42:2B-65, N.J.S.A. 46:16-18 and N.J.S.A. 48:2-56 - to reduce fees for copies of notices received by county recording officers and of any documents kept on file by the Department of the Treasury, like financial disclosures filed by officials. Those fees are now 10 cents per letter-size page and 15 cents per legal-size page, down from a range of $1 to $2. The new fees take effect 60 days after enactment, or Nov. 9.

Source: Daily Briefing - 09/15/2010 Sponsors A-559/S-1212 (Cryan, Chivukula, Greenstein, Ramos, Rumana/Weinberg)

2. Parents Discussing Inheritances with Heirs

Many people are uncomfortable discussing with heirs how they will distribute their estate. Perhaps you don't want your children to realize how much they may receive after your death. Or you may think your choice of heirs could change in the future.

However, if you don't discuss your estate plan, disagreements and conflicts could erupt once the details of inheritances are revealed. For instance, siblings may resent each other if distributions are not equal. Children may resent a spouse from a second marriage if they feel that spouse is using up their inheritance. At that time, you won't be able to explain your thoughts and wishes regarding the distribution of your estate.

Discussing your estate plans will give you an opportunity to inform your heirs about the distribution of your estate and why you decided to do it in that manner. You can go into specific detail, informing heirs how each asset will be distributed, or you can give a general overview of your estate plan. If you have selected one heir as executor or trustee, explain why you chose that individual. As an alternative, you can leave a personal letter with your estate planning documents explaining these items.

Even if you reveal your plans to heirs, you may also want to include a personal letter. In that letter, include information about death and other benefits, special wishes, who should receive personal effects, your cemetery and funeral preferences, and the location of your safe deposit box and important documents.

At a minimum, specify where the following documents are located: income tax returns, life insurance policies, other insurance policies, investment details, a list of household contents, outstanding loan documentation, automobile titles, important warranties and receipts, checking account information, credit card details, and information about your home. This letter will help your heirs identify all assets and benefits and avoid speculation about your wishes.

Preparing the letter will also force you to organize your records and make sure all important documents can be easily located. Since the information is likely to change, review the letter at least annually.

Source: http://www.bizactions.com/n.cfm/page/e110/key/145884897G2286J3007507P24P1762T3/

Recent Cases:

3. Protective Sweep After Gunshot Sometimes Permitted on Private Property. State v. Davila _____ NJ _____ (2010) (A-20-09) 7/14/10

A protective sweep conducted on private property is not per se invalid merely because it does not occur incident to an arrest. Law enforcement officers may conduct a protective sweep only when (1) the officers are lawfully within private premises for a legitimate purpose, which may include consent to enter; and (2) the officers on the scene have a reasonable articulable suspicion that the area to be swept harbors an individual posing a danger. The sweep will be upheld only if it is (1) conducted quickly, and (2) restricted to areas where the person posing a danger could hide. When an arrest is not the basis for entry, the police must be able to point to dangerous circumstances that developed once the officers were at the scene.

4. Abandoned Bag Permits Search. State v. Carvajal 202 NJ 214 (2010)

The State satisfied its burden of proving by a preponderance of the evidence that the duffel bag was abandoned. Carvajal denied having any ownership or possessory interest in the bag, and the police attempted to identify other potential owners. Carvajal therefore had no standing to challenge the warrantless search of the bag.

5. Ken's Injury Status

I can use crutches but need to be careful not to put weight on leg.

I hope to volunteer at these races below if I get a ride from far away South Brunswick

10/9 The Rat Race-Fall 4 mile fun run Boston's in Toms River Hashing & free beer

10/10 Deal 5 miler 5k Deal hot dogs & free beer

10/16 Heights Pride 5k Spring Lake Hts or

10/24 Trick or Trot 4 mile run 4-mile Long Branch party at Celtic Cottage after run discount beer

11/14 Hashathon 6.6 Mile Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090

11/20 Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount beer

11/26 Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern 11am

11/27 Rumson hash annual Crazy Eddie memorial trail run, not race.