1. What is a bank account payable upon death?
2. Avoiding Guardianship: The Legal Documents You Shouldn’t Live Without
3. Young People Top 10 things to do if you are arrested
4. Photo Criminal Law Update from Paris France seminar Crime et Justice
1. What is a bank account payable upon death?
A Will cannot change who your beneficiaries are on accounts or house
if there is a beneficiary or joint owner on an account, upon your death that person receives those assets. A basic Will cannot change who your beneficiaries are on accounts or house. Common examples are houses owned husband and wife, joint accounts or POD bank accounts, and anyone you name on IRA, retirement account or SEP.
POD Payable upon death accounts are not part of the Probate Estate or the Will
Assets held by the testator and another person jointly, with a right of survivorship, are said to be held as “Joint Tenants with Right of Survivorship” (JTWROS); and pass by operation of law at the testator’s death to the surviving joint tenant. Bank accounts, securities and real estate are often held in joint tenancy. Assets that are titled this way are not subject to probate. The name on the bank or securities account application and the deed for real estate may read: “John Smith and Jane Doe, as Joint Tenants with Right of Survivorship.” Be careful changing title to existing assets because there can be tax and other consequences. Source http://www.bergencountysurrogate.com/whatisprobate.pdf
Below are the details NJ statutes on joint bank accounts. Hire a NJ attorney if you are the Executor to make sure all taxes paid before bank accounts distributed and spent.
Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner and before the name of the beneficiary.
N.J.S. § 3B:30-6
2. Avoiding Guardianship: The Legal Documents You Shouldn’t Live Without
Thinking about planning for your estate can be an overwhelming process. If you want to avoid guardianship, you must get your legal documents in place. A guardianship is a legal proceeding in which a guardian is appointed to exercise the legal rights of an incapacitated person. Talk about an overwhelming and expensive process! Let's look at avoiding guardianship and the documents you should not live without.
The key to avoiding a guardianship is to set up your estate planning documents. If a person creates an advance health care directive, a durable power of attorney, or trust while competent, he or she may not require a guardian in the event of incapacity. The estate planning documents called Power of Attorney & Living Will/ advanced directives may also help you avoid a guardianship in the event of incapacity.
The documents which help your loved ones with personal and financial decisions are the Durable Power of Attorney, Designation of Health Care Surrogate, Living Will and Pre-Need Guardian. Another important decision is deciding who to appoint to help you with your financial and e health care decisions. Discussing the options and documents regarding your specific family situation with an elder law attorney can be very helpful. Working towards avoiding guardianship and feeling confident in your decisions for your future will help give you peace of mind.
3. Young People Top 10 things to do if you are arrested
1. Tell The Police Officer or Detective that you wish to talk to your Lawyer. Repeat this request to every officer who speaks to you.
2. Identify yourself, if asked. If the incident is related to a motor vehicle, produce your license, registration, and insurance card.
3. Beyond identifying yourself, give no other information. Answer NO other questions. SIGN NOTHING. If you are asked any other questions, reply politely, "I would rather not discuss it.
NOTE: If you are arrested for Drunk Driving in New Jersey, you must give breath samples before you call your Lawyer. You are not required to do field sobriety tests such as walking a straight line.
Remember: Even a fish would not get caught if they kept their mouth closed. [Copyright Alan Marain] OJ remained silent and was out playing golf for a decade on the nicest courses in Florida.
4. Hire a trial lawyer at the first opportunity. Hire an experienced criminal lawyer. Don’t hire an ambulance chaser that mails you a solicitation letter advising they handle cases cheap, then sends a young attorney with no trial experience to handle the case. Remember, good things ain’t cheap, and cheap things ain’t good. [Zig Ziglar]
5. Borrow money from relatives and friends. You made need more money to hire a good attorney You may need money to hire investigators and experts.
6. Provide your attorney the Complaint. Provide Arrest report if provided.
7. Obtain names, addresses, phone number of your witnesses and provide to your attorney.
8. Take Photos of arrest location, if applicable. Ex- DWI location of walking straight line or suppression issue.
9. Call Court and confirm location and time of initial appearance. Sometimes courts change date of appearance without telling you. You don’t want to waste a trip to the courthouse or show up the wrong day or time.
10. Please prepare and mail to my office a list of 15 reasons why the judge should not impose the maximum penalties or fines.
4. Photo Criminal Law Update from Paris France seminar Crime et Justice
Kenneth A. Vercammen, Esq.
Thomas P. Fischer, Esq.
Robert J. Brass, Esq.
Assistant Prosecutor Morgan McGoughran-Tumulty
With Tim McGoughra NJSBA President
Other Speakers on program:
Hon. John C. Eastlack Jr., J.S.C, Gloucester
Hon. Lourdes Lucas, J.S.C., Monmouth
