2014 update Wills and Estate Planning Seminar materials
1. Federal Estate Tax exemption now permanently increased so no tax for Estates
under $5,340,000, and will be adjusted annually for inflation. However, New Jersey
taxes estates over $675,000.
2. Gifts permitted without Federal Estate & Gift tax was increased to $14,000 per
person.
3. We recommend Self- Proving Wills since witnesses often move or pass away
4. Non-formal writings could be Wills under the New Probate Law
5. Undue influence: Recent cases can void Will signed under suspicious circumstances
6. NJ Inheritance tax
7. Power of Attorney
8. Federal Health Privacy Law (HIPAA)
9. Competency required to sign a Will or Power of Attorney
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In this issue:
1. Points in Motor Vehicle Violations
2. Defendant can be entitled to Adjournment to Select Own Counsel.
3. Juvenile adjudication does not bar adult expungement.
1. Points in Motor Vehicle Violations
Motor vehicle violations and criminal charges can cost you. If you plead guilty
by mail or in court for almost all traffic tickets, you will have to pay fines in
court and will later receive points on your driver's license. Both the DMV/MVC and
your car insurance company will impose surcharges and eligibility points for one-three
years.
N.J.A.C. 13:19-10.1 Point Assessment
Any person who is convicted of any of the following offenses, including offenses
committed while operating a motorized bicycle, shall be assessed points for each
conviction in accordance with the following schedule:
N.J.S.A. Statutory Violation Description
Points
39:4-14.3 Operating motorized bicycle on restricted highway
2
39:4-14.3d More than 1 person on a motorized bicycle.
2
39:4-35 Failure to yield to pedestrian in crosswalk.
2
39:4-36 Failure to yield to pedestrian or passing a vehicle yielding
to
pedestrian in crosswalk
2
39:4-41 Driving through safety zone.
2
39:4-52 Racing on Highway
5
39:4-55 Improper action or omission on grades and curves
2
39:4-57 Failure to observe directions of officer.
2
39:4-66 Failure to stop before crossing sidewalk
2
39:4-66.1 Failure to yield to pedestrians or vehicles while entering
or
leaving highway
2
39:4-66.2 Driving on private property to avoid traffic signal or stop
sign 2
39:4-71 Improper driving on sidewalk
2
39:4-80 Failure to obey direction of officer
2
39:4-81 Failure to observe traffic signal
2
39:4-82 Failure to keep right
2
39:4-82.1 Improper operating of vehicle on divided highway or divider
2
39:4-83 Failure to keep right at intersection
2
39:4-84 Failure to pass right of vehicle proceeding in opposite direction
5
39:4-85 Improper passing on right or off roadway
4
39:4-85.1 Wrong way on one-way street
2
39:4-86 Improper passing, in "No Passing" zone
4
39:4-87 Failure to yield to overtake vehicle
2
39:4-88 Failure to observe traffic lanes
2
39:4-89 Tailgating
5
39:4-90 Failure to yield at intersection
2
39:4-90.1 Failure to use proper entrances to limited access highway
2
39:4-91 Failure to yield to emergency vehicle
2
39:4-96 Reckless driving
5
39:4-97 Careless driving
2
39:4-97a Destruction of agricultural or recreational property
2
39:4-97.1 Slow speed blocking traffic
2
39:4-98 or Speeding up to 14 mph above limit
2
39:4-99 Speeding 15-29 mph above limit
4
Speeding 30 mph or more above limit
5
39:4-105 Failure to stop at traffic light
2
39:4-115 Improper turn at traffic light
3
39:4-119 Failure to stop at flashing red signal
2
39:4-122 Failure to stop for police whistle
2
39:4-123 Improper right or left turn
3
39:4-124 Improper turn: from approved turning course
3
39:4-125 Improper U-turn
3
39:4-126 Failure to give proper signal
2
39:4-127 Improper backing or turn in street
2
39:4-127.1 Improper crossing of railroad grade crossing
2
39:4-127.2 Improper crossing of bridge
2
39:4-128 Improper crossing of railroad grade
2
39:4-128.1 Improper passing of school bus
5
39:4-128.4 Improper passing of frozen dessert truck
4
39:4-129 Leaving scene of accident- No injuries
2
39:4-129 Personal Injury
8
39:4-144 Failure to observe of stop or yield signs
2
39:5D-4 Moving violation out-of-state
2
27:23-29 Moving against traffic-NJ Turnpike, Garden State Pkwy. and
Atlantic City Expressway
2
27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic
City Expressway
4
27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy.
and Atlantic City Expressway 2
39:3-20 Operating Constructor vehicle in excess of 30 mph
3
DWI, Driving While Suspended, No insurance, unlicensed driver and other violations
also have both MVC/DMV surcharges and car insurance surcharges/ increases. More
details at www.njlaws.com
Recent Cases:
2. New cases: Defendant can be entitled to Adjournment to Select Own Counsel. State
v Kates __ NJ __ (2014) (A-40-12)
The judgment of the Appellate Division is affirmed substantially for the reasons
expressed in Judge Ostrer's opinion below. Deprivation of a defendant's right to
counsel of choice is found where, as here, a trial court denies an adjournment without
properly considering the relevant factors or abuses its discretion in doing so.
The Appellate Division held Defendant Entitled to Adjournment to Select Own Counsel.
State v. Kates 426 NJ Super. 32 (App. Div. 2012)
The Appellate Division concluded the trial court mistakenly exercised its discretion
in denying defendant a continuance to enable him to retain counsel of his choice,
after he learned on the eve of trial that the assistant deputy public defender who
had been representing him was about to deployed for active military service. Although
the right to counsel of choice is not absolute and may be balanced against the court's
interest in managing its calendar, the trial court failed to weigh the appropriate
factors governing the discretionary decision whether to grant the requested continuance.
The availability of competent counsel not of defendant's choice was an insufficient
basis for denying the continuance. As deprivation of counsel of choice is a structural
error not subject to harmless error analysis, reversal of defendant's conviction
and a new trial is mandated.
3. Juvenile adjudication does not bar adult expungement. In the Matter of the Expungement
Application of D.J.B. __ NJ __ (2014)
Based on its language and legislative history, N.J.S.A. 2C: 52-4.1(a) applies only
to the expungement of juvenile adjudications and does not transform a juvenile adjudication
into a "crime" that would bar a later attempt to expunge an adult conviction under
N.J.S.A. 2C:52-2.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
