NJ Laws Email Newsletter E302 April 21, 2009
TRENTON – Governor Jon S. Corzine took action on the following legislation:
A-2681/SCS for S-1645/1640 (Love, Moriarty Vainieri Huttle/Weinberg, Madden) – Prohibits alimony and awards concerning equitable distribution to persons who commit certain crimes; eliminates inheritance rights for parents who abuse or abandon children
This bill is intended to ensure that undeserving persons are not rewarded financially by the alimony and intestacy laws of this State. Section 1 of the bill would deny alimony to any person convicted of murder, manslaughter, criminal homicide, death by auto or vessel, aggravated assault, or a substantially similar offense under the laws of another jurisdiction, if the crime results in the death of another person and if the crime was committed after the divorce or dissolution of the marriage or civil union. Section 1 also provides that a court’s authority to deny alimony for other bad acts is not changed. Under current law, fault is irrelevant to alimony awards except if: (1) the fault affects the economic life of the parties or (2) the fault so violates societal norms that continuing the economic bonds between the parties would confound notions of simple justice. Calbi v. Calbi, 396 N.J. Super. 532, 540 (App. Div. 2007). Section 2 of the bill would eliminate a parent’s right to inherit from the estate of their child if the parent abused, abandoned, neglected, endangered the welfare of, or committed any sexual offense against the minor child. If a parent is disqualified from taking a distributive share in the estate of a decedent under the section 2 of the bill, the estate of the child would be distributed as though the parent had predeceased the decedent. Section 2 also provides that no sibling of the half blood of the decedent whose parent is disqualified may take a distributive share in the estate of the deceased child. Under current law, the intestate share of a decedent child’s estate is equally distributed between the surviving parents, regardless of whether that child’s parents abused the child prior to his death.
Legislation Assembly members Sandra Love, Paul D. Moriarty and Valerie Vainieri Huttle sponsored to block alimony payments to convicted killers and eliminate inheritance rights for parents who abandon or abuse a child was signed into law Thursday by Gov. Jon S. Corzine. Under the law (A-2681), alimony will be denied to any person convicted of a crime that resulted in death or serious bodily injury to a family member of a divorcing party, and the crime was committed after the marriage or civil union. In addition, a person convicted of an attempt or conspiracy to commit murder will not receive alimony from the person who was the intended victim or be awarded equitable distribution. The legislation was prompted by the case of Chris Calbi, a 14-year-old-boy from Old Tappan, Bergen County, who died after sustaining a lethal kick to the neck from his mother during a domestic argument. Following his son’s death, Calbi’s father found there was no legal precedent to preclude his having to make alimony payments to his estranged wife upon her parole. “This law really serves a simple and singular purpose: to keep money out of the hands of those who would go so far as to beat and kill their own family and then expect to receive an alimony payment from a former spouse,” said Love (D-Gloucester.). “Convicted killers should not be able to profit from their misdeeds.” The law also seeks to prevent abusive parents from receiving an inheritance settlement from the estates of a deceased child. It was prompted by the horrific case of Faheem Williams, the 7-year-old Newark youngster whose mummified corpse was found in an apartment basement by police in 2003 after his mother had abandoned him and other siblings to live with her cousin. Although the cousin pled guilty to manslaughter in Faheem’s death, Faheem’s mother had to be separately barred from seeking the $1 million that the state paid to her son’s estate. Under previous law, the intestate share of a decedent child’s estate was equally distributed between the surviving parents, regardless of whether that child’s parents abused the child before his death. “Any parent found to have abused their child should immediately forfeit their right to their child’s estate,” said Moriarty (D-Gloucester). “No parent who puts their innocent child’s life in danger
should get one penny.” “We need to take proactive steps to ensure that when a child is the victim of a tragic crime or the subject of abuse their estates are not looted by family members whose very neglect led to their deaths,” said Vainieri Huttle (D-Bergen). Under the law, a parent loses all rights to intestate succession and to administer the estate if: • They refused to acknowledge or abandoned the child by willfully forsaking or failing to care for it in such a way that it exposed the child to physical or moral risk. • They were convicted of committing sexual assault, criminal sexual contact, endangering welfare of children, attempt or conspiracy to murder the child or committed abuse or neglect that contributed to the child’s death. the subject of abuse their estates are not looted by family members whose very neglect led to their deaths,” said Vainieri Huttle (D-Bergen). Under the law, a parent loses all rights to intestate succession and to administer the estate if: • They refused to acknowledge or abandoned the child by willfully forsaking or failing to care for it in such a way that it exposed the child to physical or moral risk. • They were convicted of committing sexual assault, criminal sexual contact, endangering welfare of children, attempt or conspiracy to murder the child or committed abuse or neglect that contributed to the child’s death. .
Governor Corzine Signs Kyleigh's Law New Jersey is first state to have teen driver decal CHESTER -Governor Jon S. Corzine today signed Kyleigh's Law, making New Jersey the first state in the nation to have a teen driver decal law. Named in honor of 16-year old Kyleigh D'Alessio, S-2314/A-3069 requires the use of an identifier on vehicles driven by teens holding a permit or provisional license. "Having a driver's license is an awesome responsibility for any teenager," Governor Corzine said. "The legislation I am signing today initiates several preventative measures to help avoid further teen driving tragedies like Kyleigh's, while ensuring that our young people are better prepared to safely take to the roadways." The new law also will assist police in identifying young drivers who may be in violation of the Graduated Driver License (GDL) restrictions. "As a father I cannot even begin to imagine what the pain is like for family and friends of Kyleigh D'Alessio and the thousands of other teenagers who die in automobile accidents each year," said Senator Thomas H. Kean, Jr. (R-Essex,
Morris, Union). "This legislation is designed to encourage our young drivers to drive safely and to comply with the rules of the road. It will also assist law enforcement personnel in identifying new drivers that might not be complying with the rules and thus, putting themselves, passengers and other drivers at risk. Through education and action we can save lives and help avert another tragedy." Governor Corzine also signed S-16/A-3070, revising nighttime driving and passenger restrictions on permit and provisional drivers. New Jerseys' Graduated Driver License (GDL) law currently restricts teens on a provisional license from driving between midnight and 5 a.m. Although only 15 percent of miles driven by 16 and 17-year-olds are between 9 p.m. and 6 a.m., more than 40 percent of their fatal crashes occur during this time period. The bill also renames the provisional license "probationary." "We live in the most densely populated state in the nation in an era of constant distractions," said Senator Richard J. Codey (D-Essex). "Over the last few years, we've witnessed a number of tragic accidents that could have been avoided. Hopefully these changes will make sure that inexperienced drivers have greater supervision and less distractions while they're still learning the ropes." "Statistics show that 40 percent of fatal teen car accidents occur between the hours of 9 p.m. and 6 a.m.," said Senator Fred H. Madden, (D-Camden, Gloucester). "This new law will work to protect all drivers by reducing these numbers, while also making it easier for law enforcement officers to identify teen drivers. This bill isn't about profiling, but instead ensuring that parents, young drivers and police officers are able to take an active role in protecting our roadways." The bills signed today address four recommendations contained in the Teen Driver Study Commission's March 2008 report. Three of those recommendations are essential for stemming the tide of teen driver crashes that last year claimed 60 teen lives - 37 drivers and 23 passengers. "Every nine minutes a teen crashes in New Jersey," Division of Highway Traffic Safety Director Pam Fischer said. "The legislation signed today by Governor Corzine will help to ensure that young drivers, who clearly face a higher risk on our roadways, remain safe during the most dangerous time of their lives. These bills will help reduce teen crashes and ultimately save young lives." According to the NJ Teen Driver Study Commission Report, a teen driver is 158 percent more likely to be killed in a crash while carrying two passengers. The risk increases to 207 percent when there are three passengers in a teen driver's car. The increased risk is often the result of distraction and others in the car
encouraging the teen driver to take risks with most teen crashes in NJ occur after school. "The only way to become better at anything is through practice, and driving is no exception," said Assemblyman John Wisniewski (D-Middlesex), chairman of the Assembly Transportation, Public Works and Independent Authorities Committee. "Providing teen drivers with adequate behind-the-wheel time, standardized driver education and a healthy respect for the consequences of bad driving will help make them safer, more responsible motorists." "We need to give newly minted drivers the tools they need to become safe, responsible motorists," said Assemblyman Anthony Chiappone (D-Hudson). "Encouraging safe driving practices, enhancing penalties for bad driving and increasing the amount of time required behind the wheel will go a long way toward that goal." In total, the report outlines 47 recommendations to help reduce teen crashes, and ultimately save lives. While the State has the oldest minimum driving age in the nation (17) and a strong Graduated Driver License (GDL) law that addresses teen risk factors (i.e., passengers, nighttime driving, cell phones, and seat belts), the Commission determined that more can and must be done to reduce teen driver crashes and save lives. "Like learning any other skill, learning to drive well takes time," said Assemblyman Peter J. Barnes III. (D-Middlesex) "Ensuring our teens have the technical ability and good measure that come with practice will make them safer and more careful when they're on the road." Between 2002 and 2008, more than 400 teen drivers and teens who were passengers in teen-driven vehicles, died on the state's roadways. "This package will help reinforce the message to teens that driving is a privilege, not a right," said Assemblywoman Pamela R. Lampitt (D-Camden). "We need to better impress upon teens that getting behind the wheel carries with it real and tremendous responsibility for their passengers, other drivers and, most importantly, themselves." "Making sure that our teenagers understand the serious responsibility that comes along with obtaining a drivers license is imperative," said Assemblyman John F. McKeon. (D-Essex) "Distinguishing learning teen drivers from the rest of the driving community will make our roads safer for everyone."
"Despite having a strong Graduated Driving Licensing law, we have experienced a rash of fatal crashes involving teenage drivers during the past few years," said Assemblywoman Mary Pat Angelini, (R-Monmouth). "This legislation the governor has signed today will enhance and strengthen that law and provide constructive and improved guidelines that will ultimately save lives."
1. Real Estate Sales - Spring is the Time for real estate sales 2. Recent cases: Trial judge must determine probable cause for DWI stop 3. OCEAN COUNTY JURY AWARDS $17M TO FAMILY HURT IN CAR CRASH 4. Employer not responsible for employee intoxicated outside the workplace 5. Press Release: NUTS & BOLTS OF ELDER LAW & ESTATE ADMINISTRATION SEMINAR Tuesday, April 28, 2009 5:30 PM to 9:30
1. Real Estate Sales - Spring is the Time for real estate sales To better serve our Probate and Senior citizen clients, Kenneth Vercammen has taken and passed the NJ Real Estate Salesperson test. The examination consists of numerous questions taken over a 4 hour period after taking numerous classes. Mr. Vercammen is now also a licensed real estate agent, is affiliated with is one of the largest real estate agencies in the country. We also note Bob Tona of South Brunswick has joined jersey Mortgage Company. For mortgages and refinances, call Bob Tona at 800-342-6597 or 732-739-4082 SELLERS INFORMATION SHEET The sale of a home is probably the largest transaction a person will ever undertake. Careful consideration should be given to the technical difficulties involved in the transfer. The Contract of Sale A Contract of Sale is an agreement for the purchase and sale of real estate. This is the most important document in any real estate transaction because it establishes the respective rights and responsibilities of the purchaser and the seller. Since the Contract of Sale is important and legally binding New Jersey requires a 3 day attorney review period on Contracts prepared by a realtor. Please read the contract before signing. If you have any questions, please ask your real estate agent. If there are any clauses you want added, such as the house sale "As is", make sure they are added to the Contract before signing. The 3 day attorney review period is to protect the buyer and seller from being forever bound by a contract without them receiving the benefit of legal advice. You only have three days to have your attorney review the contract and make the appropriate changes. Remember that once a Contract is signed and in final form after 3 days, your rights and obligations are fixed concerning the transaction. Your attorney will no longer
have the opportunity to structure the Contract to meet your objectives. Read and Understand the Contract Before Signing your Contract of Sale Perhaps the seller may want to retain possession of the property for some time in order to find new accommodations. You should make sure these clauses are included in the contract defining such rights prior to signing. Never sign a contract involving the sale or purchase of real estate until you have done the following: 1. read the entire contract 2. written down your questions and posed them to your realtor 3. made sure all your requested clauses are included, such as the house being sold "as is" These are only a few matters usually covered in the contract. However, they illustrate the variety of terms and conditions to be considered when you enter into such a transaction. Work with your Realtor Your realtor is a highly trained licensed professional. Their goal is to help you through this closing. They perform substantial work and earn the commissions of between $8,000- $16,000. In order to keep your legal fees down, you should be calling you realtor with routine questions regarding the closing. We have learned by past experience if you, your realtor or you family call your attorney's office every day, these calls are not included in the $800 fee, and there will be a charge for excess calls. The buyer is entitled to obtain a termite inspection and home inspection. Inspections are scheduled by the realtors. If the buyer requests repairs after the home inspection report is done, speak with your realtor first. The seller is responsible for obtaining the smoke detector certificate, plus municipal certificate of occupancy if required by your town. Discuss these with your realtor. Please also arrange the walk through with your realtor. Closing date is approximate You should understand that the proposed closing date in the Contract is an approximate closing date. The actual closing depends upon the buyer's mortgage company issuing a commitment and a mortgage check. We do not set the closing date, that is set by the buyer's attorney. The realtor should be calling the buyer's attorney to determine time of closing and directions to the closing, not our office. If Seller fails to timely obtain a written mortgage payoff statement, there will be an additional charge of $100.00 for the Seller's attorney to obtain the written payoff statement. SELLERS INFORMATION SHEET- To be filled out by seller and returned to seller's attorney KENNETH VERCAMMEN & ASSOCIATES, PC 1.
SELLERS NAME: (as it appears on deed)
___________________________________________________________
2.
Real Estate being Sold: Lot No. _________ Block No. __________ Address: __________________________________________
3.
Present Mortgage Company: _____________________________ Address: ___________________________________________ Loan No. ___________________ 800 Telephone No. ____________ (Provide copy of payoff amount)
4.
Other Mortgages, including Bridge Loans or Home Equity: Name of Mortgage Company: _____________________________ Address: __________________________________________ Loan No. __________________ 800 Telephone No. ____________ (Obtain written copy of payoff amount from bank, a verbal payoff will not be good enough) 5.
Social Security Number: (H) ________________ (W) ___________
6.
Is any Seller age 62 or over? If so, name and date of birth: _________
7.
Name, Address, Telephone number of Condominium Association, if any
_______________________________________________________ 8.
Type of Fuel: Gas ___________________
Oil _______________
PLEASE ATTACH A COPY OF TITLE INSURANCE, SURVEY, & DEED (not original) 9. Marriage Information: Date of Marriage __________ Maiden or Prior Name(s) __________ Prior Marriages ________________________ (copy of Final Judgment of Divorce needed, not original) 10. Address After Property Sale: _____________________________ 2. Recent cases: Trial judge must determine probable cause for DWI stop State v. McDade, App. Div 14-2-3257 Following denial of his motion to suppress evidence, defendant entered a conditional plea of guilty to driving while intoxicated. The sole issue on appeal was the validity of the motor vehicle stop where the officer stopped the car because a passenger side rear tail light was out. Defense counsel suggested that there were multiple lights on each side of the car's rear and argued that the malfunctioning of a surplus lamp does not give rise to a reasonable suspicion of a motor vehicle code violation. Finding that the community caretaking function exception to the warrant requirement does not apply, and that the legality of the stop depends exclusively on whether there was a total of two functioning rear tail lamps, one on each side, a fact that cannot be determined from the record, the panel remands to the Law Division for further fact finding. Source: Daily Briefing 3/31/2009 NJ Law Journal
3. OCEAN COUNTY JURY AWARDS $17M TO FAMILY HURT IN CAR CRASH After a defense stipulation to liability and a three-day damages trial, an Ocean County jury on Wednesday awarded $17 million to Jennifer and Alvin Roden and their three young children who were hurt in a horrific collision with an oncoming car that strayed into the Roden's lane. Their daughter Madeline, whose legs were paralyzed in the August 2006 crash in Tuckerton, won $10 million and the other riders were awarded amounts ranging from $50,000 to $4 million. The defendant's insurer, New Jersey Manufacturers Ins. Co., paid the plaintiffs' property damage of $20,000 at the outset of the case and offered to pay the remaining $480,000 of the defendant's policy last November, but plaintiffs' lawyer rejected the offer. He says NJM had reason to know from the start that the defendant was liable and that the injuries would be far greater than $500,000. An arbitration panel awarded the plaintiffs $8 million but NJM opted for a trial de novo instead of paying it. Source: Daily Briefing 4/3/2009 NJ Law Journal 4. Employer not responsible for employee intoxicated outside the workplace Riley v. Keenan 4-02-09 A-6054-06T3 The issue in this automobile negligence action is whether an employer may be held liable for injuries to a third party caused by an intoxicated driver acting outside the workplace and outside the scope of his employment. Even assuming the employee's work-related sleep deprivation, as claimed by plaintiff, the court could see no reason to extend the notion of duty to, or create a new theory of recovery against, an employer in circumstances where the employer neither knew nor had control over its employee's "incapacity", nor engaged in any affirmative act to worsen the situation, and where the independent intervening act of the employee's intoxication broke any causal connection between work fatigue and the ensuing automobile accident. 5. Press Release: NUTS & BOLTS OF ELDER LAW & ESTATE ADMINISTRATION SEMINAR Tuesday, April 28, 2009 5:30 PM to 9:30 PM Pines Manor, Edison Speakers: THOMAS D. BEGLEY, JR., ESQ., KENNETH A. VERCAMMEN, ESQ. Chair, ABA Elder Law Committee 2006 NJSBA Municipal Court Practitioner of the Year
KATHLEEN A. SHERIDAN, ESQ.
MARTIN A. SPIGNER, ESQ.
This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced estate planners and professionals who help senior citizens. You’ll also gain insight on how Federal Medicaid Reform will impact seniors. Fee includes 330 plus page book, dinner, seminar and opportunity to ask questions. $159.00 Contact: New Jersey Institute for Continuing Legal Education (732) 214-8500 Additional information: Book & seminar elder law & estate administration including:• Why Have a Will? Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client?• Powers of Attorney Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms• Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms• Basic Tax Considerations Jointly-held property; “I love you” Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters• Estate Administration - New Probate Law in New Jersey Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists• Medicaid Planning in Light of Federal Medicaid Reform Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules …and more