anesthesia Malpractice NJ

Anesthesia Malpractice

Malpractice is a complicated matter. If your have been seriously and permanently injured as a result of negligence, consult a personal injury attorney. If an injury case is not the type we can handle, we will try to refer you to another competent trial attorney. The following legal information is used in Medical malpractice trials in New Jersey: Duty and Negligence Negligence is conduct which deviates from a standard of care required by law for the protection of persons from harm. Negligence may result from the performance of an act or the failure to act. The determination of whether a defendant was negligent requires a comparison of the defendants conduct against a standard of care. If the defendants conduct is found to have fallen below an accepted standard of care, then he or she was negligent. Common Knowledge May Furnish Standard of Care Negligence is the failure to comply with the standard of care to protect a person from harm. Negligence in a doctors medical practice, which is called malpractice, is the doctors failure to comply with the standard of care in the care and treatment of his/her patient. Usually it is necessary to establish the standard of care by expert testimony, that is, by testimony of persons who are qualified by their training, study and experience to give their opinions on subjects not generally understood by persons, such as jurors, who lack such special training or experience. In the usual case the standard of care by which to judge the defendants conduct cannot be determined by the jury without the assistance of expert medical testimony. However, in some cases, such as the case at hand, the jury may determine from its common knowledge and experience the standard of care by which to judge the defendants conduct. In this case plaintiff contends that the defendant violated the duty of care he/she owed to the plaintiff by doing ____________________________ [ or by failing to do the following ____________________]. In this case, therefore, it is for you, as jurors, to determine, based upon common knowledge and experience, what skill and care the average physician practicing in the defendants field would have exercised in the same or similar circumstances. It is for you as jurors to say from your common knowledge and experience whether the defendant deviated from the standard of care in the circumstances of this case. Where there has been expert medical testimony as to the standard of care, but the standard is one which can also be determined by the jury from its common knowledge and experience, the jury should determine the standard of care after considering all the evidence in the case, including the expert medical testimony, as well as its own common knowledge and experience. After determining the standard of care required in the circumstances of this case, you should then consider the evidence to determine whether the defendant has complied with or departed from that standard of care. If you find that defendant has complied with that standard of care he/she is not liable to the plaintiff, regardless of the result. If you find that defendant has not complied with that standard of care, resulting in injury or damage to the plaintiff, then you should find defendant negligent and return a verdict for plaintiff. Cases and Notes: a) Common Knowledge The common knowledge doctrine was applied in Martin v. Perth Amboy General Hospital, 104 N.J. Super. 335 (App. Div. 1969), where a laparotomy pad was left in plaintiffs body during an operation, Tramutola v. Bortone, 63 N.J. 9 (1973), where plaintiff discovered that a needle had been left in her chest during surgery; Steinke v. Bell, 32 N.J. Super. 67 (App. Div. 1954), where a dentist removed the wrong tooth; Becker v. Eisenstodt, 60 N.J. Super. 240 (App. Div. 1960), where the defendant used a caustic substance instead of an anesthetic; and Terhune v. Margaret Hague Maternity Hospital, 63 N.J. Super. 106 (App. Div. 1960), where plaintiff was burned as a result of the improper administration of an anesthetic during childbirth, Nowacki v. Community Medical Center , 279 N.J. Super. 276 (App. Div. 1995), where plaintiff alleged that she fell while attempting to lift herself onto a treatment table, Tierney v. St. Michaels, 214 N.J. Super. 27 (App. Div. 1986), certif. den. 107 N.J. 114 (1987), where plaintiffs infant crawled out of a crib while hospitalized at the defendant hospital, Winters v. Jersey City Medical Center , 120 N.J. Super. 129 (App. Div. 1972), where the court held that one does not need an expert witness to testify that the bed rails should have been in the up position for an elderly person who fell out of bed. The common knowledge doctrine was applied to a failure to communicate an abnormal finding and the signing of an incorrect discharge summary in Jenoff v. Gleason, 215 N.J. Super. 349 (App. Div. 1987). In Rosenberg by Rosenberg v. Cahill, 99 N.J. 318 (1985), the common knowledge doctrine was not applied to the failure to observe a tumor in an x-ray. The court rejected the plaintiffs reliance on the common knowledge doctrine in Posta v. Chueng-Loy, 306 N.J. Super. 182 (App. Div. 1997), involving hernia surgery. See also, Sanzari v. Rosenfeld, 34 N.J. 128 (1961), Jones v. Stess, 111 N.J. Super. 283 (App. Div. 1970), Klimko v. Rose, 84 N.J. 496 (1980). b) Res ispa loquitur There are three requirements which must be demonstrated in order to apply the doctrine of res ipsa loquitur: (1) The occurrence must be one which ordinarily bespeaks negligence; (2) The instrumentality causing the injury must have been within defendants exclusive control; and (3) There must be no indication that the plaintiffs injury was in any way the result of his own voluntary act or neglect. A detailed analysis of the doctrine of res ipsa is found in Gould v. Winokur, 98 N.J. Super. 554 (Law Div. 1968), affd., 104 N.J. Super. 329 (App. Div. 1969), certif. den . 53 N.J. 582 (1969). See also, Buckelew v. Grossbard, 87 N.J. 512 (1981). The difference between the res ipsa doctrine and the common knowledge doctrine is that the res ipsa doctrine requires expert testimony to prove the first element of proof, i.e., that the occurrence does not usually happen in the absence of negligence. Smallwood v. Mitchell, 264 N.J. Super. 295 (App. Div. 1993), certif. den. 134 N.J. 481 (1993). The logical extension of the res ipsa and common knowledge doctrines is the conclusion that there are cases where the facts are such that at least one defendant must be liable as a matter of law. The genesis of this concept in New Jersey is found in Anderson v. Somberg, 67 N.J. 291 (1975), cert. den. 423 U.S. 929 (1975). See also, Chin v. St. Barnabas Medical Center, 160 N.J. 454 (1999). The doctrine of res ipsa loquitur was deemed applicable in Yerzy v. Levine, 108 N.J. Super. 222 (App. Div. 1970), affd. 57 N.J. 234 (1970), where the common bile duct had been completely severed during gall bladder surgery; Pearson v. St. Paul, 220 N.J. Super. 110 (App. Div. 1987), where plaintiffs sixteen year old daughter died after arthroscopic knee surgery. The doctrine of res ipsa loquitur was deemed inapplicable in Toy v. Rickert, 53 N.J. Super. 27 (App. Div. 1958), where plaintiff alleged that the defendant negligently administered a shot of penicillin into plaintiffs right buttock causing nerve damage; in Renrick v. Newark, 74 N.J. Super. 200 (App. Div. 1962), where plaintiff alleged that the defendant negligently injected a drug resulting in severe burning of both forearms and widespread scarring; Posta v. Chueng-Loy, 306 N.J. Super. 182 (App. Div. 1997), involving hernia surgery. c) Common knowledge can be employed in some cases although expert medical testimony is also offered as to the standard of care and defendants alleged departure therefrom. See Sanzari v. Rosenfeld, supra, 34 N.J. at 138 and 143. The Trial Judge will read the following instructions to the jury prior to the jury deciding damages and negligence: [Option A: Specialist. ] The defendant(s) in this case is (are) a medical specialist(s) in the field of [insert appropriate specialty description]. Specialists in a field of medicine represent that they will have and employ not merely the knowledge and skill of a general practitioner, but that they have and will employ the knowledge and skill normally possessed and used by the average specialist in the field. Thus, when a physician holds himself/herself out as a specialist and undertakes to diagnose and treat the medical needs of a patient, the law imposes a duty upon that physician to have and to use that degree of knowledge and skill which is normally possessed and used by the average specialist in that field, having regard to the state of scientific knowledge at the time that he/she or she attended the plaintiff. [Option B: General Practitioner.] The defendant(s) in this case is (are) a general practitioner(s). A person who is engaged in the general practice of medicine represents that he/she or she will have and employ knowledge and skill normally possessed and used by the average physician practicing his/her profession as a general practitioner. [Remainder of Charge:] Given what I have just said, it is important for you to know the standard of care which a general practitioner/specialist in [insert appropriate specialty description, if applicable] is required to observe in his/her treatment of a patient under the circumstances of this case. Based upon common knowledge alone, and without technical training, jurors normally cannot know what conduct constitutes standard medical practice. Therefore, the standard of practice by which a physicians conduct is to be judged must be furnished by expert testimony, that is to say, by the testimony of persons who by knowledge, training or experience are deemed qualified to testify and to express their opinions on medical subjects. You as jurors should not speculate or guess about the standards of care by which the defendant physician(s) should have conducted himself/herself/themselves in the diagnosis and treatment of the plaintiff. Rather, you must determine the applicable medical standard from the testimony of the expert witness(es) you have heard in this case.(1) Where there is a conflict in the testimony of the medical experts on a subject, it is for you the jury to resolve that conflict using the same guidelines in determining credibility that I mentioned earlier. You are not required to accept arbitrarily the opinions offered. You should consider the experts qualifications, training, and experience, as well as his/her understanding of the matters to which he/she or she testified. Where an expert has offered an opinion upon an assumption that certain facts are true, it is for you, the jury, to decide whether the facts upon which the opinion is based are true. The value and weight of an experts testimony in such instances is dependent upon, and no stronger than, the facts upon which it is predicated. When determining the applicable standard of care, you must focus on accepted standards of practice in [insert general practice or specialty involved] and not on the personal subjective belief or practice of the defendant doctor.(2) The law recognizes that the practice of medicine is not an exact science. Therefore, the practice of medicine according to accepted medical standards may not prevent a poor or unanticipated result.(3) Therefore, whether the defendant doctor was negligent depends not on the outcome, but on whether he/she adhered to or departed from the applicable standard of care. Ibid. Note to Judge: Where the defendant has satisfied the burden of proving that medical judgment is involved in the case, insert Charge 5.36G, Medical Judgment, here. If you find that the defendant(s) has (have) complied with the accepted standard of care, then he/she is not liable to the plaintiff regardless of the result. On the other hand, if you find that the defendant(s) has (have) deviated from the standard of care resulting in injury or damage to plaintiff, then you should find defendant negligent and return a verdict for plaintiff. The following court cases relate to medical malpractice: 1. Jacober v. St. Peters Medical Center, 128 N.J. 475 (1992). (2)Morlino v. Medical Center of Ocean County, 295 N.J. Super. 113 (App. Div. 1996), affd. 152 N.J. 563 (1998). See also, Fernandez v. Baruch, 52 N.J. 127, 131 (1968), Carbone v. Warburton, 11 N.J. 418, 425 (1953), Schueler v. Strelinger, 43 N.J. 330, 346 (1964), Ziemba v. Riverview Medical Center, 275 N.J. Super. 293 (App. Div. 1994), Nguyen v. Tama, 298 N.J. Super. 41 (App. Div. 1997). (3)Morlino, supra. Aiello v. Muhlenberg Regional Medical Center, 159 N.J. 618 (1999), Velazquez v. Portadin, 163 N.J. 677 (2000).

Amusement Park Injury

Edited by Kenneth Vercammen, Esq. It is the duty of every business to properly and adequately inspect, maintain and keep the outside property and inside premises free from danger to life, limb and property of persons lawfully and rightfully using same and to warn of any such dangers or hazards thereon. You may be lawfully upon the premises as a business invitee in the exercise of due care on your part, and solely by reason of the omission, failure and default of the child day care facility, be caused to fall down. If the business did not perform their duty to an injured person to maintain the premises in a safe, suitable and proper condition, you may be entitled to make a claim. If severely injured, you can file a claim for damages, together with interest and costs of suit. Injured people can demand trial by jury. Sometimes, persons are injured in fall downs caused by wet and slippery floors or failure by the facility to clean up broken or fallen items. No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The stores are responsible for the maintenance of their premises which are used by the public. It is the duty of the store to inspect and keep said premises in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to persons lawfully thereon. The following information is taken from the old model jury charges dealing with fall downs by customers who are business invitees. INVITEE - DEFINED AND GENERAL DUTY OWED An invitee is one who is permitted to enter or remain on land (or premises) for a purpose of the owner (or occupier). He/She enters by invitation, expressed or implied. The owner (or occupier) of the land (or premises) who by invitation, expressed or implied, induced persons to come upon his/her premises, is under a duty to exercise ordinary care to render the premises reasonably safe for the purposes embraced in the invitation. Thus, he/she must exercise reasonable care for the invitee's safety. He/She must take such steps as are reasonable and prudent to correct or give warning of hazardous conditions or defects actually known to him/her (or his/her employees), and of hazardous conditions or defects which he/she (or his/her employees) by the exercise of reasonable care, could discover. BUSINESS INVITEE FALL DOWNS: The basic duty of a proprietor of premises to which the public is invited for business purposes of the proprietor is to exercise reasonable care to see that one who enters his/her premises upon that invitation has a reasonably safe place to do that which is within the scope of the invitation. Notes: (1) Business Invitee: The duty owed to a "business invitee" is no different than the duty owed to other "invitees." (2) Construction Defects, Intrinsic and Foreign Substances: The rules dealt with in this section and subsequent sections apply mainly to those cases where injury is caused by transitory conditions, such as falls due to foreign substances or defects resulting from wear and tear or other deterioration of premises which were originally constructed properly. Where a hazardous condition is due to defective construction or construction not in accord with applicable standards it is not necessary to prove that the owner or occupier had actual knowledge of the defect or would have become aware of the defect had he/she personally made an inspection. In such cases the owner is liable for failing to provide a safe place for the use of the invitee. Thus, in Brody v. Albert Lipson & Sons, 17 N.J. 383 (1955), the court distinguished between a risk due to the intrinsic quality of the material used (calling it an "intrinsic substance" case) and a risk due to a foreign substance or extra-normal condition of the premises. There the case was submitted to the jury on the theory that the terrazzo floor was peculiarly liable to become slipper when wet by water and that defendant should have taken precautions against said risk. The court appears to reject defendant's contention that there be notice, direct or imputed by proof of adequate opportunity to discover the defective condition. 17 N.J. at 389. It may be possible to reconcile this position with the requirement of constructive notice of an unsafe condition by saying that an owner of premises is chargeable with knowledge of such hazards in construction as a reasonable inspection by an appropriate expert would reveal. See: Restatement to Torts 2d, §343, Comment f, pp. 217-218 (1965), saying that a proprietor is required to have superior knowledge of the dangers incident to facilities furnished to invitees. Alternatively, one can view these cases as within the category of defective or hazardous conditions created by defendant or by an independent contractor for which defendant would be liable (see introductory note above).

Amputation representation in NJ

Amputation

Amputation is the removal of a body extremity by trauma or surgery. As a surgical measure, it is used to control pain or a disease process in the affected limb, such as malignancy or gangrene. In some cases, it is carried out on individuals as a preventative surgery for such problems. A special case is the congenital amputation, a congenital disorder, where foetal limbs have been cut off by constrictive bands. In some countries, amputation of the hands or feet was or is used as a form of punishment for criminals. Amputation has also been used as a tactic in war and acts of terrorism. In some cultures and religions, minor amputations or mutilations are considered a ritual accomplishment. Unlike many non-mammalian animals, (such as lizards which shed their tails), once removed, human extremities do not grow back. A transplant or a prosthesis are the only options for recovering the loss. See http://en.wikipedia.org/wiki/Amputation Medical Malpractice cases are complicated matters. If your have been seriously and permanently injured as a result of negligence, consult a personal injury attorney. If an injury case is not the type we can handle, we will try to refer you to another competent trial attorney. The following legal information is used in Medical malpractice trials in New Jersey: Duty and Negligence Negligence is conduct which deviates from a standard of care required by law for the protection of persons from harm. Negligence may result from the performance of an act or the failure to act. The determination of whether a defendant was negligent requires a comparison of the defendant's conduct against a standard of care. If the defendant's conduct is found to have fallen below an accepted standard of care, then he or she was negligent. Common Knowledge May Furnish Standard of Care Negligence is the failure to comply with the standard of care to protect a person from harm. Negligence in a doctor's medical practice, which is called malpractice, is the doctor's failure to comply with the standard of care in the care and treatment of his/her patient. Usually it is necessary to establish the standard of care by expert testimony, that is, by testimony of persons who are qualified by their training, study and experience to give their opinions on subjects not generally understood by persons, such as jurors, who lack such special training or experience. In the usual case the standard of care by which to judge the defendant's conduct cannot be determined by the jury without the assistance of expert medical testimony. However, in some cases, such as the case at hand, the jury may determine from its common knowledge and experience the standard of care by which to judge the defendant's conduct. In this case plaintiff contends that the defendant violated the duty of care he/she owed to the plaintiff by doing ____________________________ [ or by failing to do the following ____________________]. In this case, therefore, it is for you, as jurors, to determine, based upon common knowledge and experience, what skill and care the average physician practicing in the defendant's field would have exercised in the same or similar circumstances. It is for you as jurors to say from your common knowledge and experience whether the defendant deviated from the standard of care in the circumstances of this case. Where there has been expert medical testimony as to the standard of care, but the standard is one which can also be determined by the jury from its common knowledge and experience, the jury should determine the standard of care after considering all the evidence in the case, including the expert medical testimony, as well as its own common knowledge and experience. After determining the standard of care required in the circumstances of this case, you should then consider the evidence to determine whether the defendant has complied with or departed from that standard of care. If you find that defendant has complied with that standard of care he/she is not liable to the plaintiff, regardless of the result. If you find that defendant has not complied with that standard of care, resulting in injury or damage to the plaintiff, then you should find defendant negligent and return a verdict for plaintiff. Cases and Notes: a) Common Knowledge The common knowledge doctrine was applied in Martin v. Perth Amboy General Hospital, 104 N.J. Super. 335 (App. Div. 1969), where a laparotomy pad was left in plaintiff's body during an operation, Tramutola v. Bortone, 63 N.J. 9 (1973), where plaintiff discovered that a needle had been left in her chest during surgery; Steinke v. Bell, 32 N.J. Super. 67 (App. Div. 1954), where a dentist removed the wrong tooth; Becker v. Eisenstodt, 60 N.J. Super. 240 (App. Div. 1960), where the defendant used a caustic substance instead of an anesthetic; and Terhune v. Margaret Hague Maternity Hospital, 63 N.J. Super. 106 (App. Div. 1960), where plaintiff was burned as a result of the improper administration of an anesthetic during childbirth, Nowacki v. Community Medical Center , 279 N.J. Super. 276 (App. Div. 1995), where plaintiff alleged that she fell while attempting to lift herself onto a treatment table, Tierney v. St. Michael's, 214 N.J. Super. 27 (App. Div. 1986), certif. den. 107 N.J. 114 (1987), where plaintiff's infant crawled out of a crib while hospitalized at the defendant hospital, Winters v. Jersey City Medical Center , 120 N.J. Super. 129 (App. Div. 1972), where the court held that one does not need an expert witness to testify that the bed rails should have been in the up position for an elderly person who fell out of bed. The common knowledge doctrine was applied to a failure to communicate an abnormal finding and the signing of an incorrect discharge summary in Jenoff v. Gleason, 215 N.J. Super. 349 (App. Div. 1987). In Rosenberg by Rosenberg v. Cahill, 99 N.J. 318 (1985), the common knowledge doctrine was not applied to the failure to observe a tumor in an x-ray. The court rejected the plaintiff's reliance on the common knowledge doctrine in Posta v. Chueng-Loy, 306 N.J. Super. 182 (App. Div. 1997), involving hernia surgery. See also, Sanzari v. Rosenfeld, 34 N.J. 128 (1961), Jones v. Stess, 111 N.J. Super. 283 (App. Div. 1970), Klimko v. Rose, 84 N.J. 496 (1980). b) Res ispa loquitur There are three requirements which must be demonstrated in order to apply the doctrine of res ipsa loquitur: (1) The occurrence must be one which ordinarily bespeaks negligence; (2) The instrumentality causing the injury must have been within defendant's exclusive control; and (3) There must be no indication that the plaintiff's injury was in any way the result of his own voluntary act or neglect. A detailed analysis of the doctrine of res ipsa is found in Gould v. Winokur, 98 N.J. Super. 554 (Law Div. 1968), aff'd., 104 N.J. Super. 329 (App. Div. 1969), certif. den . 53 N.J. 582 (1969). See also, Buckelew v. Grossbard, 87 N.J. 512 (1981). The difference between the res ipsa doctrine and the common knowledge doctrine is that the res ipsa doctrine requires expert testimony to prove the first element of proof, i.e., that the occurrence does not usually happen in the absence of negligence. Smallwood v. Mitchell, 264 N.J. Super. 295 (App. Div. 1993), certif. den. 134 N.J. 481 (1993). The logical extension of the res ipsa and common knowledge doctrines is the conclusion that there are cases where the facts are such that at least one defendant must be liable as a matter of law. The genesis of this concept in New Jersey is found in Anderson v. Somberg, 67 N.J. 291 (1975), cert. den. 423 U.S. 929 (1975). See also, Chin v. St. Barnabas Medical Center, 160 N.J. 454 (1999). The doctrine of res ipsa loquitur was deemed applicable in Yerzy v. Levine, 108 N.J. Super. 222 (App. Div. 1970), aff'd. 57 N.J. 234 (1970), where the common bile duct had been completely severed during gall bladder surgery; Pearson v. St. Paul, 220 N.J. Super. 110 (App. Div. 1987), where plaintiff's sixteen year old daughter died after arthroscopic knee surgery. The doctrine of res ipsa loquitur was deemed inapplicable in Toy v. Rickert, 53 N.J. Super. 27 (App. Div. 1958), where plaintiff alleged that the defendant negligently administered a shot of penicillin into plaintiff's right buttock causing nerve damage; in Renrick v. Newark, 74 N.J. Super. 200 (App. Div. 1962), where plaintiff alleged that the defendant negligently injected a drug resulting in severe burning of both forearms and widespread scarring; Posta v. Chueng-Loy, 306 N.J. Super. 182 (App. Div. 1997), involving hernia surgery. c) Common knowledge can be employed in some cases although expert medical testimony is also offered as to the standard of care and defendant's alleged departure therefrom. See Sanzari v. Rosenfeld, supra, 34 N.J. at 138 and 143. The Trial Judge will read the following instructions to the jury prior to the jury deciding damages and negligence: [Option A: Specialist. ] The defendant(s) in this case is (are) a medical specialist(s) in the field of [insert appropriate specialty description]. Specialists in a field of medicine represent that they will have and employ not merely the knowledge and skill of a general practitioner, but that they have and will employ the knowledge and skill normally possessed and used by the average specialist in the field. Thus, when a physician holds himself/herself out as a specialist and undertakes to diagnose and treat the medical needs of a patient, the law imposes a duty upon that physician to have and to use that degree of knowledge and skill which is normally possessed and used by the average specialist in that field, having regard to the state of scientific knowledge at the time that he/she or she attended the plaintiff. [Option B: General Practitioner.] The defendant(s) in this case is (are) a general practitioner(s). A person who is engaged in the general practice of medicine represents that he/she or she will have and employ knowledge and skill normally possessed and used by the average physician practicing his/her profession as a general practitioner. [Remainder of Charge:] Given what I have just said, it is important for you to know the standard of care which a general practitioner/specialist in [insert appropriate specialty description, if applicable] is required to observe in his/her treatment of a patient under the circumstances of this case. Based upon common knowledge alone, and without technical training, jurors normally cannot know what conduct constitutes standard medical practice. Therefore, the standard of practice by which a physician's conduct is to be judged must be furnished by expert testimony, that is to say, by the testimony of persons who by knowledge, training or experience are deemed qualified to testify and to express their opinions on medical subjects. You as jurors should not speculate or guess about the standards of care by which the defendant physician(s) should have conducted himself/herself/themselves in the diagnosis and treatment of the plaintiff. Rather, you must determine the applicable medical standard from the testimony of the expert witness(es) you have heard in this case.(1) Where there is a conflict in the testimony of the medical experts on a subject, it is for you the jury to resolve that conflict using the same guidelines in determining credibility that I mentioned earlier. You are not required to accept arbitrarily the opinions offered. You should consider the expert's qualifications, training, and experience, as well as his/her understanding of the matters to which he/she or she testified. Where an expert has offered an opinion upon an assumption that certain facts are true, it is for you, the jury, to decide whether the facts upon which the opinion is based are true. The value and weight of an expert's testimony in such instances is dependent upon, and no stronger than, the facts upon which it is predicated. When determining the applicable standard of care, you must focus on accepted standards of practice in [insert general practice or specialty involved] and not on the personal subjective belief or practice of the defendant doctor.(2) The law recognizes that the practice of medicine is not an exact science. Therefore, the practice of medicine according to accepted medical standards may not prevent a poor or unanticipated result.(3) Therefore, whether the defendant doctor was negligent depends not on the outcome, but on whether he/she adhered to or departed from the applicable standard of care. Ibid. Note to Judge: Where the defendant has satisfied the burden of proving that medical judgment is involved in the case, insert Charge 5.36G, Medical Judgment, here. If you find that the defendant(s) has (have) complied with the accepted standard of care, then he/she is not liable to the plaintiff regardless of the result. On the other hand, if you find that the defendant(s) has (have) deviated from the standard of care resulting in injury or damage to plaintiff, then you should find defendant negligent and return a verdict for plaintiff. The following court cases relate to medical malpractice: 1. Jacober v. St. Peter's Medical Center, 128 N.J. 475 (1992). (2)Morlino v. Medical Center of Ocean County, 295 N.J. Super. 113 (App. Div. 1996), aff'd. 152 N.J. 563 (1998). See also, Fernandez v. Baruch, 52 N.J. 127, 131 (1968), Carbone v. Warburton, 11 N.J. 418, 425 (1953), Schueler v. Strelinger, 43 N.J. 330, 346 (1964), Ziemba v. Riverview Medical Center, 275 N.J. Super. 293 (App. Div. 1994), Nguyen v. Tama, 298 N.J. Super. 41 (App. Div. 1997). (3)Morlino, supra. Aiello v. Muhlenberg Regional Medical Center, 159 N.J. 618 (1999), Velazquez v. Portadin, 163 N.J. 677 (2000).

Air Bag/Seat Belt Injuries in Car Accidents NJ

Air Bag/Seat Belt Injuries in Car Accidents

Compiled by Kenneth Vercammen, Esq. from various sources AT THE ACCIDENT SCENE 1. Stop . . . do not leave the scene of the accident. CALL THE POLICE, tell them where the accident occurred and ask for medical help if needed. 2. Get names, addresses, and license numbers of all drivers involved. 3. Get description and registration number and insurance information of all cars involved. License Plate Number __ Registration # __ Make __ Year __ Damage __ Insurance Company __ Insurance Policy Number __ 4. Get names and addresses of all witnesses Witnesses will be a tremendous help to you in any subsequent court action, if there is any question of liability involved. Get the names and addresses of as many witnesses as possible. If they refuse to identify themselves, jot down the license plate numbers of their automobiles. Do not discuss the accident with the witnesses. Do not give the witnesses names to anyone but the police, your attorney or your insurance company. 5. While waiting for police, write down- Accident Information Date __ Time __ Location __ No. of vehicles involved __ Weather __ Road conditions __ Damage __ Speed of the other car __ 6. Summary of accident __ 7. Diagram of accident 8. Call an ambulance. If you have any reason to suspect you were injured in the accident, go to a hospital immediately or see a physician promptly. You'll want it on record that you sought treatment right away -not in a week or so. 9. Name of Police Officers, Department and Badge Number 10. Do not assign or accept blame for the accident. - The scene of the accident is not the place to determine fault. Discuss the accident only with the police, your attorney and with representatives of your insurance company. Give the other party only your drivers license number, registration number and insurance information. - Be cooperative with the police. 11. Seek hospital/ medical attention. 12. Take photos of damage to car, location of your seat belt and air bag. Also take photos of scrapes or black and blue marks on your body caused by your seat belt and air bag. 13. Call your insurance company to report the accident. 14. Call a personal injury attorney, not a real estate attorney: Call Kenneth A. Vercammen- Trial Attorney Attorn

Advance Directive for Health Care NJ

Advance Directive for Health Care

All States have declared that competent adults have the fundamental right in collaboration with their health care providers, to control decisions about their own health care. States recognize in their law and public policy, the personal right of the individual patient to make voluntary, informed choices to accept, to reject or to choose among alternative courses of medical and surgical treatment. WHY LIVING WILLS Modern advances in science and medicine have made possible the prolongation of the lives of many seriously ill individuals, without always offering realistic prospects for improvement or cure. For some individuals the possibility of extended life is experienced as meaningful and of benefit. For others, artificial prolongation of life may seen to provide nothing medically necessary or beneficial, serving only to extend suffering and prolong the dying process. States recognize the inherent dignity and value of human life and within this context recognizes the fundamental right of individuals to make health care decisions to have life-prolonging medical or surgical means or procedures provided, with- held, or withdrawn. States recognize the right of competent adults to plan ahead for health care decisions through the execution of advance directives, such as living wills and durable powers of attorney, and to have their wishes respected, subject to certain limitations. PURPOSE OF LIVING WILLS In order to assure respect for patients previously expressed wishes when the capacity to participate actively in decision making has been lost or impaired; to facilitate and encourage a sound decision making process in which patients, health care representatives, families, physicians, and other health care professionals are active participants; to properly consider patients interests both in self-determination and in well-being; and to provide necessary and appropriate safeguards concerning the termination of life-sustaining treatment for incompetent patients as the law and public policy of this State, the Legislatures have enacted Living Will/ Advance Directives for Health Care Acts. REQUIREMENTS OF STATUTE The advance directive for health care (Living Will) requires a writing executed in accordance with the requirements of thestate law. It must be either signed and dated in front of an attorney at law or other person authorized to administer oaths, or in the presence of two subscribing adult witness. If the two adult witness are used, they both must attest that the declarant is of sound mind and not under undue influence. A designated health care representative shall not act as a witness to the execution of the advance directive. Since this is a legal document, it must be executed properly to be valid under the statute HEALTH CARE REPRESENTATIVE The declarant may designate one or more alternative health care representatives. Health care representative means the person designated by you under the Living Will for the purpose of making health care decisions on the your behalf. WHEN DOES THE ADVANCE DIRECTIVE BECOME OPERATIVE An advance directive becomes operative when (1) it is transmitted to the attending physician or to the health care institution, and (2) it is determined pursuant to the Act that the patient lacks capacity to make a particular health care decision. Treatment decisions pursuant to an advance directive shall not be made and implemented until there has been a reasonable opportunity to establish and where appropriate confirm, a reliable diagnosis for the patient which shall include the attending physicians opinion concerning the nature, cause, extent, and probable duration of the patients incapacity, and shall be made a part of the patients medical records. For additional information or to have a Living Will prepared, see your attorney. In addition, be certain your Last Will and testament is up to date.

Uncontested Divorce representation NJ

Uncontested Divorce

When individuals have family problems, family and service groups can often offer advice and help resolve problems. If separation or divorce is unavoidable, you should see an attorney for advice on how to protect your rights. Areas to Discuss at Initial Interview When you first meet with your attorney, you should discuss and ask questions regarding the following: Resolving marital problems Financial concerns involving child support, alimony, spousal support, pendente lite support and equitable distribution of property acquired during the marriage Determining child custody and visitation Grounds for divorce Domestic Violence Act and Restraining Order Legal Rights and procedures in court Retaining the attorney and payment for legal services and costs Emergency Decision By The Court If necessary the Superior Court can make temporary decisions regarding: Restraints to keep a violent spouse from harassing and interfering with your life Occupancy of your house, apartment or condominium Temporary custody and visitation of minor child Temporary financial support for children and spouse Injunction against disposal of personal property, real estate and other assets Other temporary orders in the discretion of the Judge Grounds For Divorce Under NJ laws a divorce may be granted for any of the following causes: Adultery Willful and continued desertion for 12 or more months, either physical desertion or refusal to have sexual relations with the other spouse may establish this cause. Extreme cruelty, including any physical or mental cruelty that endangers your safety or health, or which makes continued living together improper or unreasonable. Separation, if separate and different places of living have been maintained for a least 18 consecutive months or more and there is no reasonable prospect of reconciliation. "No-Fault" is the familiar term for a divorce based on the separation for at least 18 months. Neither side needs to set forth allegations of fault or abuse. Court appearances are still required. Voluntarily-induced addiction or habituation to a narcotic drug or habitual drunkenness for 12 or more consecutive months. Mental illness which resulted in the spouse being kept in an institution for 24 or more consecutive months after the marriage was begun. Imprisonment of the spouse for 18 or more consecutive months after the marriage was begun. ( This cause for divorce can be charged after the defendants release from prison only if the husband and wife have not resumed living together after imprisonment ended.) Deviant sexual conduct voluntarily performed by the defendant without the consent of the spouse. Is there a "legal separation?" Technically, there is no such thing in New Jersey as a "legal separation." Separation simply means that you and your spouse no longer live together. Separation may occur by mutual consent or by one of you leaving or being expelled from your home. What if my spouse has physically abused me? If there has been actual or threatened physical abuse, your spouse may be ordered by the court to leave your residence and to stay away. Filing For Divorce A formal written document called a "complaint" will be prepared by your attorney based upon the information you have supplied. You must sign a statement to verify that the information in the complaint dealing with marriage, residency, children and grounds for divorce are true. The complaint is filed with the Superior Court of New Jersey, Family Part. A copy of the complaint must then be served on your spouse, either by the County Sheriff, by mail or in person. The attorney for the defendant spouse may accept service of the complaint in lieu of the sheriff serving the complaint. What The Defendant Spouse Must Do If served with a Complaint or demand letter from an attorney, you should immediately consult an attorney for advice. If you contest any of the statements in the complaint, you must have a formal pleading called an "answer" filed on your behalf. You can contest alimony, custody, child support and/or equitable distribution of property. You can also file your own complaint called a "Counter-Claim." Even if you do not object to the divorce, you should speak with your attorney because other issues could effect you for many years in the future. If an answer is not filed, a default will be entered against you and a judge will make a decision without your opinion. Thereafter, you will bound by the decision of the judge. Failure to obey all portions of the court order can result in financial penalties and arrest. Case Information Statement If child support, alimony and equitable distribution are in issue, both spouses must fill out a Case Information Statement (CIS). This demands comprehensive information regarding your weekly, prior year and current assets, and liabilities. The court will use financial information contained in the CIS to make a determination as to the amount of child support. Litigation In addition to the CIS, in a contested matter, Court rules permit the attorneys to require the parties to supply written answers to interrogatories (questions), depositions, (verbal answers), produce documents or admit details. How Long Does It Take When the divorce will be granted depends on many details. The more you and your spouse can agree upon, the faster your case can move along. There is a substantial backlog of cases that is beyond the control of your attorney. In an uncontested divorce, where all issues are agreed upon, Final Divorce hearing and divorce could be granted within a few months of filing the complaint. If any issues are contested and cant be settled, a trial and final decision could take years. Property Settlement Agreement The parties may agree on signing a written agreement dividing marital property and setting forth support payments. A written agreement can be made prior to the complaint or pending trial. The agreement can provide for custody, visitation, alimony, medical expenses and insurance coverage. After a husband and wife separate, and especially if they intend to divorce, it is desirable for them to enter into a written contract to provide for: division of real estate and personal property; support, if any, payable to the dependent spouse and children; responsibility for debts and legal fees; health and life insurance arrangements; custody and visitation of children. Also included are many other items which set forth the mutual rights and duties of the two people. Such an agreement is a contract, but may be enforced as though it is an order of court, (except certain portions such as child custody, support and visitation, which may be modified by the Court), depending on its terms and contents. It is written by your attorneys and follows negotiations between you and your spouse and your attorneys. Child Support The judge will follow written guidelines when determining child support. The judge will look at the income of both parties and make an order compelling child support within the guidelines. The judge could also order medical and dental insurance, the payment of day-care and baby-sitting, private school tuition, and life insurance on each parents life with the child as the beneficiary. The court may also order payment of future college tuition. Who is responsible for the support of the children? The law imposes a duty on both parents to support their children. This obligation exist even if the parents are not married, and it continues after divorce. In determining the amount of child support to be paid by one parent to the other, the court will consider the respective incomes, earning capacities, assets and needs of both parents, and the needs of the children. The Judge has a "chart" in which he must follow to determine the amount of support that can be compelled. What is the procedure for obtaining spouse and child support? A person seeking spouse and/or child support may file a motion for support in the Family Court, in many cases and in all cases involving welfare, a conference will be held by a hearing officer at which both parties will be required to disclose their respective incomes and assets and prove their respective needs. An attempt will be made by the hearing officer to have the parties reach an agreement as to the amount of support. If an agreement cannot be reached, the usual procedure is for the hearing officer to submit a recommendation to the court. If either party is not satisfied with the recommendation, he or she may demand a hearing before the court at which the order could be modified. If both parties are satisfied with the order entered by the court on the hearing officers recommendation, it will be the final order. Can a support order be changed? Either spouse or parent may seek modification (increase or reduction) of a support order if he or she can demonstrate that a material and substantial change of circumstances has taken place since the order was entered. An increase or decrease in earnings or an increase in the needs of the children as they grow older are examples of material and substantial changes in circumstances. Once a child reaches age 18, and is out of school the parents generally are no longer required to support that child. A motion must be made in the Superior Court to reduce or end support. However, if the child is unable to support himself or herself because of some physical, mental or emotional disability, the duty of support continues beyond 18. Parents may also be required to pay support to a child who is attending college. Custody And Visitation The "best interest of the child" is the basis on how the judge awards custody of the child. The mother is no longer automatically given custody of the children. The judge looks at the age and sex of the child, ability of the parent to care for the child, personal relationships and, if older, the wishes of the child. Visitation will also be ordered under most circumstances. An equal sharing of physical custody of children is also possible in appropriate cases. As children get older, greater weight is given by the court to the childs preference as to which parent he or she wishes to reside. An important factor considered by the court is the continued residency of children in a familiar and stable home environment. Courts are reluctant to disturbance existing arrangement if the children are doing well. The courts are also reluctant to split children between two parents because courts believe that it is in the best interest of brothers and sisters to remain together even though their parents have separated or are divorced. Equitable Distribution Most parties eventually reach an agreement to divide property. In New Jersey, each spouse is entitled to a share of the property acquired during the marriage. There is not an automatic 50/50 split. Rather, the judge will make an "equitable distribution" of property after hearing testimony. There is no magic formula. The judge has discretion. Final Judgment Upon agreement or after a trial, the judge will enter a "Final Judgment of Divorce". This will declare that the marriage has ended. The judge will sign the Final Judgment of Divorce and it will be filed with the Superior Court in Trenton. The Final Judgment will also set forth items agreed upon or ordered, such as custody, support, and equitable distribution. After the Divorce, to make a change in support, custody, visitation etc, a formal motion must be made to the Superior Court. In this motion you must demonstrate a change in circumstances. Our hourly retainer rates are $250 per hour in office and $275 per hour outside office. Minimum fee in uncontested Divorce $1,500

Landlords - Evicting Tenants for Non-Payment of Rent NJ

Landlords - Evicting Tenants for Non-Payment of Rent

Kenneth Vercammen Esq. represents landlords in eviction cases. The consultation fee to speak with Mr. Vercammen in person or over the phone is $150. Once retained there is a minimum of $1,200 fee for representation in Superior Court.  This article will briefly explore certain remedies and recommendations to landlords. Unlike big apartment complexes, many landlords in New Jersey do not have full time management companies handling the collection of rent. Yet all landlords should handle their payments as a business, just as big corporate landlords. WRITTEN LEASE A written lease is recommended for all rentals even for a month to month. Your lease should specifically require that the tenant pay the landlords attorneys fees if they fail to pay rent or breach the lease in any way. If a written lease does not provide for attorneys fees, the court cannot award attorneys fees. In addition, your lease should provide in writing for re-renting cost if the tenant breaches the lease. Many leases also provide for late fees. NON-PAYMENT OF RENT If your tenant fails to pay and you want to evict the tenant, a Tenancy Summons Dispossess Eviction Complaint must be filed in the Supreme Courts Special Civil Part. The court filing fee is $50 plus mileage, payable Treasurer, State of New Jersey. Different attorneys charge different fees depending upon the amount of work to be done. Your attorney can prepare the mandatory complaint and summons. The court constable is required to personally serve the tenant with a copy of the complaint. The court clerk will fill out the date and time for hearing on the summons, which also will be served on the tenant. You and your attorney should appear on the date for hearing. If the tenant appears, parties sometimes work out a payment plan for rent with a stipulation of settlement and stay of eviction. The landlord and tenant usually agree if all rent is not paid according to the schedule, the court is directed to issue a warrant for possession. FAILURE OF TENANT TO APPEAR If the tenant fails to appear by the second call, you can pay an additional fee for a warrant of removal. This is obtained at the Special Civil Part Clerk, Tenancy Section Office. After waiting three days, the constable is given the warrant to serve at the tenants property. If the tenant still fails to move, arrangements can be made with the constable and locksmith to physically remove the tenants and change locks. REGISTRATION OF PROPERTY Most residential units most be registered with the town. It is a good idea to bring proof of registration when you go to court. FILE A SPECIAL CIVIL PART COMPLAINT FOR MONEY OWED Most eviction complaints are evictions based only on non-payment of rent. The New Jersey Anti-Eviction Act places substantial notice requirement on landlords who wish to evict tenants for reasons other than non-payment of rent. If the tenant is able to pay the rent in full prior to warrant of possession, the court will let the tenant remain in the property. HOW TO GET YOUR MONEY The Tenancy Judge will not require the tenant to pay attorneys fees, damages and other costs. This court can only evict tenants, or permit tenants to remain if they paid the rent in full. To protect yourself and get all money due, file a money owed complaint in the Special Civil Part. The filing fee is less than $50. Evicting tenants- NJ Statute as of 2002 2A:18-61.1 Grounds for removal of tenants. 2.No lessee or tenant or the assigns, under-tenants or legal representatives of such lessee or tenant may be removed by the Superior Court from any house, building, mobile home or land in a mobile home park or tenement leased for residential purposes, other than (1) owner-occupied premises with not more than two rental units or a hotel, motel or other guest house or part thereof rented to a transient guest or seasonal tenant; (2) a dwelling unit which is held in trust on behalf of a member of the immediate family of the person or persons establishing the trust, provided that the member of the immediate family on whose behalf the trust is established permanently occupies the unit; and (3) a dwelling unit which is permanently occupied by a member of the immediate family of the owner of that unit, provided, however, that exception (2) or (3) shall apply only in cases in which the member of the immediate family has a developmental disability, except upon establishment of one of the following grounds as good cause: a.The person fails to pay rent due and owing under the lease whether the same be oral or written; provided that, for the purposes of this section, any portion of rent unpaid by a tenant to a landlord but utilized by the tenant to continue utility service to the rental premises after receiving notice from an electric, gas, water or sewer public utility that such service was in danger of discontinuance based on nonpayment by the landlord, shall not be deemed to be unpaid rent. b.The person has continued to be, after written notice to cease, so disorderly as to destroy the peace and quiet of the occupants or other tenants living in said house or neighborhood. c.The person has willfully or by reason of gross negligence caused or allowed destruction, damage or injury to the premises. d.The person has continued, after written notice to cease, to substantially violate or breach any of the landlords rules and regulations governing said premises, provided such rules and regulations are reasonable and have been accepted in writing by the tenant or made a part of the lease at the beginning of the lease term. e. (1) The person has continued, after written notice to cease, to substantially violate or breach any of the covenants or agreements contained in the lease for the premises where a right of reentry is reserved to the landlord in the lease for a violation of such covenant or agreement, provided that such covenant or agreement is reasonable and was contained in the lease at the beginning of the lease term. (2)In public housing under the control of a public housing authority or redevelopment agency, the person has substantially violated or breached any of the covenants or agreements contained in the lease for the premises pertaining to illegal uses of controlled dangerous substances, or other illegal activities, whether or not a right of reentry is reserved to the landlord in the lease for a violation of such covenant or agreement, provided that such covenant or agreement conforms to federal guidelines regarding such lease provisions and was contained in the lease at the beginning of the lease term. f.The person has failed to pay rent after a valid notice to quit and notice of increase of said rent, provided the increase in rent is not unconscionable and complies with any and all other laws or municipal ordinances governing rent increases. g.The landlord or owner (1) seeks to permanently board up or demolish the premises because he has been cited by local or State housing inspectors for substantial violations affecting the health and safety of tenants and it is economically unfeasible for the owner to eliminate the violations; (2) seeks to comply with local or State housing inspectors who have cited him for substantial violations affecting the health and safety of tenants and it is unfeasible to so comply without removing the tenant; simultaneously with service of notice of eviction pursuant to this clause, the landlord shall notify the Department of Community Affairs of the intention to institute proceedings and shall provide the department with such other information as it may require pursuant to rules and regulations. The department shall inform all parties and the court of its view with respect to the feasibility of compliance without removal of the tenant and may in its discretion appear and present evidence; (3) seeks to correct an illegal occupancy because he has been cited by local or State housing inspectors or zoning officers and it is unfeasible to correct such illegal occupancy without removing the tenant; or (4) is a governmental agency which seeks to permanently retire the premises from the rental market pursuant to a redevelopment or land clearance plan in a blighted area. In those cases where the tenant is being removed for any reason specified in this subsection, no warrant for possession shall be issued until P.L.1967, c.79 (C.52:31B-1 et seq.) and P.L.1971, c.362 (C.20:4-1 et seq.) have been complied with. h.The owner seeks to retire permanently the residential building or the mobile home park from residential use or use as a mobile home park, provided this subsection shall not apply to circumstances covered under subsection g. of this section. i.The landlord or owner proposes, at the termination of a lease, reasonable changes of substance in the terms and conditions of the lease, including specifically any change in the term thereof, which the tenant, after written notice, refuses to accept; provided that in cases where a tenant has received a notice of termination pursuant to subsection g. of section 3 of P.L.1974, c.49 (C.2A:18-61.2), or has a protected tenancy status pursuant to section 9 of the Senior Citizens and Disabled Protected Tenancy Act, P.L.1981, c.226 (C.2A:18-61.30), or pursuant to the Tenant Protection Act of 1992, P.L.1991, c.509 (C.2A:18-61.40 et al.), the landlord or owner shall have the burden of proving that any change in the terms and conditions of the lease, rental or regulations both is reasonable and does not substantially reduce the rights and privileges to which the tenant was entitled prior to the conversion. j.The person, after written notice to cease, has habitually and without legal justification failed to pay rent which is due and owing. k.The landlord or owner of the building or mobile home park is converting from the rental market to a condominium, cooperative or fee simple ownership of two or more dwelling units or park sites, except as hereinafter provided in subsection l. of this section. Where the tenant is being removed pursuant to this subsection, no warrant for possession shall be issued until this act has been complied with. No action for possession shall be brought pursuant to this subsection against a senior citizen tenant or disabled tenant with protected tenancy status pursuant to the Senior Citizens and Disabled Protected Tenancy Act, P.L.1981, c.226 (C.2A:18-61.22 et al.), or against a qualified tenant under the Tenant Protection Act of 1992, P.L.1991, c.509 (C.2A:18-61.40 et al.), as long as the agency has not terminated the protected tenancy status or the protected tenancy period has not expired. l. (1) The owner of a building or mobile home park, which is constructed as or being converted to a condominium, cooperative or fee simple ownership, seeks to evict a tenant or sublessee whose initial tenancy began after the master deed, agreement establishing the cooperative or subdivision plat was recorded, because the owner has contracted to sell the unit to a buyer who seeks to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing. However, no action shall be brought against a tenant under paragraph (1) of this subsection unless the tenant was given a statement in accordance with section 6 of P.L.1975, c.311 (C.2A:18-61.9); (2)The owner of three or less condominium or cooperative units seeks to evict a tenant whose initial tenancy began by rental from an owner of three or less units after the master deed or agreement establishing the cooperative was recorded, because the owner seeks to personally occupy the unit, or has contracted to sell the unit to a buyer who seeks to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing; (3)The owner of a building of three residential units or less seeks to personally occupy a unit, or has contracted to sell the residential unit to a buyer who wishes to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing. m.The landlord or owner conditioned the tenancy upon and in consideration for the tenants employment by the landlord or owner as superintendent, janitor or in some other capacity and such employment is being terminated. n.The person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of an act which if committed by an adult would constitute an offense under the Comprehensive Drug Reform Act of 1987, N.J.S.2C:35-1 et al. involving the use, possession, manufacture, dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia within the meaning of that act within or upon the leased premises or the building or complex of buildings and land appurtenant thereto, or the mobile home park, in which those premises are located, and has not in connection with his sentence for that offense either (1) successfully completed or (2) been admitted to and continued upon probation while completing, a drug rehabilitation program pursuant to N.J.S.2C:35-14; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who has been so convicted or has so pleaded, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently, except that this subsection shall not apply to a person harboring or permitting a juvenile to occupy the premises if the juvenile has been adjudicated delinquent upon the basis of an act which if committed by an adult would constitute the offense of use or possession under the said act. No action for removal may be brought pursuant to this subsection more than two years after the date of the adjudication or conviction or more than two years after the persons release from incarceration whichever is the later. o.The person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of an act which if committed by an adult would constitute an offense under N.J.S.2C:12-1 or N.J.S.2C:12-3 involving assault, or terroristic threats against the landlord, a member of the landlords family or an employee of the landlord; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who has been so convicted or has so pleaded, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently. No action for removal may be brought pursuant to this subsection more than two years after the adjudication or conviction or more than two years after the persons release from incarceration whichever is the later. p.The person has been found, by a preponderance of the evidence, liable in a civil action for removal commenced under this act for an offense under N.J.S.2C:20-1 et al. involving theft of property located on the leased premises from the landlord, the leased premises or other tenants residing in the leased premises, or N.J.S.2C:12-1 or N.J.S.2C:12-3 involving assault or terroristic threats against the landlord, a member of the landlords family or an employee of the landlord, or under the Comprehensive Drug Reform Act of 1987, N.J.S.2C:35-1 et al., involving the use, possession, manufacture, dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia within the meaning of that act within or upon the leased premises or the building or complex of buildings and land appurtenant thereto, or the mobile home park, in which those premises are located, and has not in connection with his sentence for that offense either (1) successfully completed or (2) been admitted to and continued upon probation while completing a drug rehabilitation program pursuant to N.J.S.2C:35-14; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who committed such an offense, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently, except that this subsection shall not apply to a person who harbors or permits a juvenile to occupy the premises if the juvenile has been adjudicated delinquent upon the basis of an act which if committed by an adult would constitute the offense of use or possession under the said Comprehensive Drug Reform Act of 1987. q.The person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of an act which if committed by an adult would constitute an offense under N.J.S.2C:20-1 et al. involving theft of property from the landlord, the leased premises or other tenants residing in the same building or complex; or, being the tenant or lessee of such leased premises, knowingly harbors therein a person who has been so convicted or has so pleaded, or otherwise permits such a person to occupy those premises for residential purposes, whether continuously or intermittently. For purposes of this section, (1) developmental disability means any disability which is defined as such pursuant to section 3 of P.L.1977, c.82 (C.30:6D-3); (2) member of the immediate family means a persons spouse, parent, child or sibling, or a spouse, parent, child or sibling of any of them; and (3) permanently occupies or occupied means that the occupant maintains no other domicile at which the occupant votes, pays rent or property taxes or at which rent or property taxes are paid on the occupants behalf.

Private Adoption NJ

Private Adoption

Private Adoption The most common example is a step father adopting his wifes child from a prior relationship. In these cases, a Complaint must be filed in the Superior Court by the person (plaintiff) who wishes to adopt the child. The New Jersey Court Rules and Adoption Statute has specific requirements for adoptions. The Complaint should set forth the following: 1. The name, age, address of adoptive father. Adoptive father is a citizen of the United States and not related to the child. 2. The childs name, place of birth, date of birth, and age. 3. Name and ages of any children of the proposed adoptive parent and the childs parent. 4. Where and when the plaintiffs began to take care of the child to be adopted from the natural mother. 5. The date from which the child has been under the continuous care of the plaintiff. 6. The name and address of the natural father and natural mother, if known to the plaintiffs. The natural parents were not married. 7. Whether the child to be adopted has any property. 8. The name by which the child to be adopted shall be known. 9. Place and type of employment and that both plaintiff and mother are able to support the child to be adopted. 10. Attach a typed affidavit of the consent of the natural mother. 11. Plaintiffs demand a judgment of adoption as to the child and that his name be changed. In addition, the consent of the available natural father should be obtained. The affidavit to be prepared by the attorney which will contain some of the following information: Consent of Mother/Father - To be signed in front of a Notary 1. The name and age of natural parent, declaration that he/she is the natural parent, city and county of childs birth. 2. Signed consent of natural parent to adoption of child by plaintiffs, relinquishment of all right and claim to child, and agreement that, from the date of the decree of adoption of child, that the child will, to all legal intents and purposes, be the child of the persons adopting the child. 3. (Optional) Consent of natural parent to child being raised in a particular religion. Hearing Order An order fixing the day for hearing and publication must be prepared by your attorney. It must be submitted to the Court and signed by the Court. The Court Orders will set forth that: 1. The child sought to be adopted is to be a ward of the court; 2. Date and place of the hearing; 3. The Complaint for Adoption, together with the Order for hearing, and Notice in the form required by N.J.S.A. 9:3-45, shall be published in The Home News and Tribune or another newspaper of general circulation. 4. Who should be served notice by personal service or certified mail. Adoption Hearing The adoptive father, natural mother and child should appear at the hearing. The Supreme Court Judge will conduct the questioning in the Judges Chambers. Your attorney will help you prepare. Final Judgment of Adoption A Final Judgment of Adoption by the court will set forth some of the following information: 1. That by virtue of the Complaint that Plaintiff desires to adopt the minor child, and a preliminary hearing having been held, and it further appearing that the best interest of the child would be promoted by such adoption, and it further appearing through notice by Publication of these proceedings set forth in The Home News & Tribune that the natural father of the child, has not contested the proceedings; 2. It is ordered and adjudged: A. The above named child be adopted by the plaintiff. B. The name of the child shall be changed to _____. C. Upon entry of this Judgment of Adoption, the relationship heretofore existing between the child and the natural father of the child, be in all respects at an end; D. The entry of this Judgment shall not affect or terminate any rights, duties, privileges, and relationships existing between the child and his natural mother, nor his right of inheritance from or through her, nor the rights of inheritance under the intestate laws of this State through the natural father. E. The entry of this Judgment shall establish the same relationship between the child and the adopting parent as if such child were born to such adopting parent in lawful wedlock, including the rights of inheritance. Post Adoption Hearing Procedures Your attorney should fill out paperwork to obtain a new birth certificate. An adoption is a final proceeding. Even a divorce does not revoke an adoption. For additional information on adoption, contact a New Jersey attorney. Selected statutes dealing with Adoption: 9:3-42. Jurisdiction in Chancery, venue 6. An action for adoption shall be instituted in the Superior Court, Chancery Division, Family Part of the county in which the prospective parent resides, or in the county where the child resided immediately prior to placement for adoption, or if the child is less than three months of age, the county in which the child was born; except that whenever the child to be adopted has been received into the home of a prospective parent from an approved agency, the action may be instituted in the Superior Court, Chancery Division, Family Part of any county in which the approved agency has an office. L.1977,c.367,s.6; amended 1991,c.91,s.193; 1993,c.345,s.5. 9:3-43. Instituting adoption actions; qualifications 7. a. Any person may institute an action for adoption except that a married person may do so only with the written consent of his spouse or jointly with his spouse in the same action or if living separate and apart from his spouse. b. A plaintiff, at the time of the institution of the action, shall have attained the age of 18 years and shall be at least 10 years older than the child to be adopted, except that the court for good cause may waive either requirement, which waiver shall be recited in any judgment of adoption thereafter entered. L.1977,c.367,s.7; amended 1993,c.345,s.6. 9:3-44. Filing of complaint 8. Whenever a person receives a child into his home for the purpose of adoption other than from an approved agency, a complaint for adoption shall be filed within 45 days after receipt of the child. If the person receiving the child has been approved previously for placement for adoption in accordance with the provisions of section 18 of P.L.1993, c.345 (C.9:3-39.1), the person shall, immediately upon receiving the child, notify the approved agency which granted such approval of the receipt of the child, and that agency shall undertake immediate supervision of the child in accordance with rules and regulations promulgated by the Director of the Division of Youth and Family Services. The cost of such supervision shall be paid by the person receiving the child. If the agency, in the course of supervision shall determine that the child is at risk of harm or that the best interests of the child are not served by the child remaining in the home, the agency may apply to a court for removal of the child from the home. Whenever a person receives a child into his home for purposes other than adoption and it is later determined that an adoption shall be sought, a complaint for adoption shall be instituted with reasonable promptness following the determination. Failure to file the complaint in a timely manner shall not be a sole basis for refusal of the adoption but the failure shall require the filing, with the complaint, of an affidavit setting forth the reasons for the delay. L.1977,c.367,s.8; amended 1993,c.345,s.7. 9:3-45 Notice of complaint to parents. 9. a. In an adoption proceeding pursuant to P.L.1977, c.367 (C.9:3-37 et seq.), notice of the complaint may not be waived and a notice of hearing shall be served in accordance with the Rules of Court on each parent of the child to be adopted. The notice shall inform each parent of the purpose of the action and of the parents right to file written objections to the adoption within 20 days after notice is given in the case of a resident and 35 days in the case of a nonresident. For purposes of this section, "parent" means (1) the husband of the mother of a child born or conceived during the marriage or (2) a putative or alleged biological mother or father of a child. b.Notice pursuant to subsection a. of this section shall not be served on a parent: (1)Who has executed a valid surrender to an approved agency pursuant to section 5 of P.L.1977, c.367 (C.9:3-41) or P.L.1955, c.232 (C.9:2-13 et seq.); (2)Whose parental rights have been terminated in a separate judicial proceeding by court order; (3)Who has, prior to the placement of the child for adoption, received notice of the intention to place the child, which notice shall inform the parent of the purpose of the placement, that failure to respond to the notice will prevent the person receiving the notice from objecting to any future adoption of the child, and that the parent has a right to file with the surrogate in the county in which venue is anticipated to lie, the address of which surrogate shall be included in the notice, written objections to the proposed placement within 20 days after notice is given, in the case of a resident, and 35 days in the case of a nonresident; and who has either failed to file written objections or denied paternity or maternity of the child. Failure to respond to this notice and object to the placement of the child for adoption shall constitute a waiver of all notice of any subsequent proceedings with regard to the child including proceedings for adoption or termination of parental rights; (4)Who has given the child for adoption to the adopting parent, and the Superior Court, Chancery Division, Family Part, after a hearing at which the surrendering parent was heard as to the voluntariness of the surrender, has determined that the surrender was voluntary and proper; (5)Whose child has been made available for adoption in a foreign state or country if the United States Immigration and Naturalization Service has determined that the child has been approved for adoptive placement. The finding of the United States Immigration and Naturalization Service shall be presumed valid and no notice shall be served ; or (6)Who is presumed to be the biological father of the child who is the subject of the adoption proceeding pursuant to paragraph (2) of subsection a. of section 6 of P.L.1983, c.17 (C.9:17-43) but who, within 120 days of the birth of the child or prior to the date of the preliminary hearing, whichever occurs first, has not acknowledged paternity by amending the original birth certificate record filed with the local registrars office in the municipality of birth of the child who is the subject of the adoption proceeding in accordance with birth record amendment procedures, or has not filed an action for paternity in court. c.If personal service of the notice cannot be effected because the whereabouts of a birth parent of the child to be adopted are unknown, the court shall determine that an adequate effort has been made to serve notice upon the parent if the plaintiff immediately prior to or during the placement and not more than nine months prior to the filing of a complaint has: (1)Sent the notice by regular mail and by certified mail return receipt requested, to the parents last known address; (2)Made a discreet inquiry as to the whereabouts of the missing parent among any known relations, friends and current or former employers of the parent; (3)Unless otherwise restricted by law, made direct inquiries, using the partys name and last known or suspected address, to the local post office, the Division of Motor Vehicles, county welfare agency, the municipal police department, the Division of State Police, the county probation office, the Department of Corrections, and any social service and law enforcement agencies known to have had contact with the party, or the equivalents in other states, territories or countries. Failure to receive a response to the inquiries within 45 days shall be a negative response. d.In any case where, within 120 days of the birth of the child or prior to the date of the preliminary hearing, whichever occurs first, the identity of a birth parent cannot be determined or where the known parent of a child is unable or refuses to identify the other parent, and the court is unable from other information before the court to identify the other parent, service on that parent shall be waived by the court. e.In conducting the hearing required by paragraph (4) of subsection b. of this section, the court shall determine that the surrender is voluntary and that the birth parent knows (1) that the hearing is to surrender birth rights; (2) that the hearing is to permanently end the relationship and all contact between parent and child; (3) that such action is a relinquishment and termination of parental rights and consent on the part of the birth parent to the adoption; and (4) that no further notice of the adoption proceedings shall be provided to the birth parent if the surrender is accepted by the court. L.1977,c.367,s.9; amended 1982, c.105, s.1; 1993, c.345, s.8; 1998, c.20, s.1. 9:3-45.1 Rules, regulations. 6.The Department of Human Services, in consultation with the Department of Health and Senior Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to implement the provisions of this act and to publicize throughout the State the necessity for a father, within 120 days of the birth of a child or prior to the date of the preliminary hearing, whichever occurs first, to acknowledge paternity by amending the original birth certificate record with the local registrars office in the municipality of birth of the child who is the subject of the adoption or by filing a paternity action in court in order to be entitled to notice of an adoption pursuant to section 9 of P.L.1977, c.367 (C.9:3-45). L.1998, c.20, s.6. 9:3-45.2 Foster parent notice, opportunity to be heard. 3.In any case in which the Division of Youth and Family Services accepts a child in its care or custody, the childs foster parent, preadoptive parent or relative providing care for the child, as applicable, shall receive written notice of and an opportunity to be heard at any review or hearing held with respect to the child, but the foster parent, preadoptive parent or relative shall not be made a party to the review or hearing solely on the basis of the notice and opportunity to be heard. L.1999,c.53,s.3. 9:3-46 Objection to adoption. 10. a. A person who is entitled to notice pursuant to section 9 of P.L.1977, c.367 (C.9:3-45) shall have the right to object to the adoption of his child within 20 days after the filing of the complaint for adoption for a State resident and 35 days after the filing in the case of a nonresident. Failure to object within that time period constitutes a waiver of the right to object. In a contest between a person who is entitled to notice pursuant to section 9 of P.L.1977, c.367 (C.9:3-45) objecting to the adoption and the prospective adoptive parent, the standard shall be the best interest of the child. The best interest of a child requires that a parent affirmatively assume the duties encompassed by the role of being a parent. In determining whether a parent has affirmatively assumed the duties of a parent, the court shall consider, but is not limited to consideration of, the fulfillment of financial obligations for the birth and care of the child, demonstration of continued interest in the child, demonstration of a genuine effort to maintain communication with the child, and demonstration of the establishment and maintenance of a place of importance in the childs life. A judgment of adoption shall be entered over an objection of a person who is entitled to notice pursuant to section 9 of P.L.1977, c.367 (C.9:3-45) communicated to the court by personal appearance or by letter if the court finds, during the six-month period prior to the placement of the child for adoption or within 120 days after the birth of a child or prior to the date of the preliminary hearing, whichever occurs first, in the case of a child placed for adoption as a newborn infant: (1)that the parent has substantially failed to perform the regular and expected parental functions of care and support of the child, although able to do so, or (2)that the parent is unable to perform the regular and expected parental functions of care and support of the child and that the parents inability to perform those functions is unlikely to change in the immediate future. The regular and expected functions of care and support of a child shall include the following: (a)the maintenance of a relationship with the child such that the child perceives the person as his parent; (b)communicating with the child or person having legal custody of the child and parenting time rights, or unless prevented from so doing by the custodial parent or other custodian of the child or a social service agency over the birth parents objection; or (c)providing financial support for the child unless prevented from doing so by the custodial parent or other custodian of the child or a social service agency. A parent shall be presumed to have failed to perform the regular and expected parental functions of care and support of the child if the court finds that the situation set forth in paragraph (1) or (2) has occurred during the six-month period prior to the placement of the child for adoption, or within 120 days after the birth of a child or prior to the date of the preliminary hearing, whichever occurs first, in the case of a child placed for adoption as a newborn infant. In the case where the objecting parent is incarcerated during the six-month period prior to placement of the child for adoption, relevant factors to be considered in determining whether that incarcerated parent has failed to perform the regular and expected parental functions or is unable to perform the regular and expected parental functions pursuant to this subsection, shall include the extent of the relationship which existed between the parent and child prior to incarceration, including financial support; the efforts made to continue a relationship during the incarceration; the ability to communicate and visit with the child during incarceration; and the effect of the communication and visitation on the childs development in terms of providing nurturing and emotional support. b.The guardian of a child to be adopted who has not executed a surrender pursuant to section 5 of P.L.1977, c.367 (C.9:3-41) and any other person who has provided primary care and supervision in his home for the child for a period of six months or one half of the life of the child, whichever is less, in the two years prior to the complaint shall be given notice of the action and in accordance with the Rules of Court shall have standing to object to the adoption, which objection shall be given due consideration by the court in determining whether the best interests of the child would be promoted by the adoption.

Name Change NJ

Name Change

New Jersey Rules and statute have set up a detailed procedure for someone to legally change their first name, last name or both. Using an experienced attorney, you can have a new name approved by the Superior Court with only one court appearance. Sections 2A:52-1 et seq. of the New Jersey Statutes, and Rule 4:72 of the New Jersey Court Rules set forth certain legal requirements your attorney most follow. The following information must be provided by you to your attorney so it can be supplied to the Court by way of Complaint. 1. Current name and address _______ 2. Age of ____ years and was born on ____ at ____ New Jersey, parents ____ (attach a birth certificate) 3. Applicants current occupation is that of ____. . 4. The applicant is a citizen of the United States of America. 5. Marriage status 6. Children _____- 7. The name and residence of applicants nearest living relative is ____ 8. No judgments have ever been recovered against the applicant; no bankruptcy or insolvency proceedings have been instituted affecting the applicant; and no suits are now pending against the applicant. 9. No previous application has ever been made by the applicant for leave to assume another name. 10. Applicant desires to change applicants name to ____________ for the following reasons: A. ____ ____ ____ ____ ____ ____ ____ ____ ____ 11. This application is not made with the intent to avoid creditors or criminal prosecution or for other fraudulent purpose. 12. Applicant has never been convicted of a crime. 13. There are not any criminal charges pending against applicant. Therefore, no notice needs to be served on the County Prosecutor or Attorney General. 14. The social security number is ____ FILING THE COMPLAINT The complaint must be signed by the applicant in front of their attorney. Your attorney will prepare a Order Fixing Hearing for Name Change. The complaint and Order are filed in the Superior Court. The Order will be signed by the Judge setting forth the date to come to court and other legal requirements, such as publication and notice. Your attorney will submit the Order for Hearing to be published in a newspaper of general readership, such as the Home News Tribune. Proof of publication must be filed with the court. A proposed Judgment for Name Change is forwarded to the Judge to be signed if the approved. HEARING AND JUDGMENT FOR NAME CHANGE On the date selected by the Court the matter will be opened to the Court on the Complaint of the Plaintiff, the plaintiff having appeared by their attorney seeking a judgment allowing him/her to assume the new name. Following questioning of the applicant and it appearing from the Verified Complaint that the plaintiff complied with the requirements of the statute in such case made and provided, and it further appearing that after notice of the hearing was duly published, no reasonable objections were made thereto, and for good cause appearing, the Court should approve the name change. However, the work by your attorney is still not done. The Judgment for Name Change must be signed the Judge. Your attorney shall cause to be published in the Home News & Tribune or another newspaper a copy of the Judgment; Within 20 days after the entry of the Judgment, your attorney will cause to be filed a certified copy of the judgment, together with an affidavit of publication, with the Clerk of Middlesex County, as well as the Secretary of the State of New Jersey, pursuant to the statute and rules. The Applicant should forward copies of the Courts Judgment for Name Change to change their name on legal documents and identification such as Drivers License, Social Security Card and birth certificate. Name change statute in 2002 2A:52-1. Action for change of name 2A:52-1. Any person may institute an action in Superior Court, for authority to assume another name. The complaint for a change of name shall be accompanied by a sworn affidavit stating the applicants name, date of birth, social security number, whether or not the applicant has ever been convicted of a crime, and whether any criminal charges are pending against him and, if such convictions or pending charges exist, shall provide such details in connection therewith sufficient to readily identify the matter referred to. The sworn affidavit shall also recite that the action for a change of name is not being instituted for purposes of avoiding or obstructing criminal prosecution or for avoiding creditors or perpetrating a criminal or civil fraud. If criminal charges are pending, the applicant shall serve a copy of the complaint and affidavit upon any State or county prosecuting authority responsible for the prosecution of any pending charges. A person commits a crime of the fourth degree if he knowingly gives or causes to be given false information under this section. Amended 1981,c.362,s.1, 1993,c.228,s.1. 2A:52-2. Effect of judgment, copy to State Bureau of Identification 2A:52-2. Such person, from and after the day specified therefor in the judgment in the action, shall be known by the name which, by the judgment, he is authorized to assume, and by no other. The judgment for change of name shall include the applicants social security number and date of birth. The clerk of the court shall forward a copy of the judgment to the State Bureau of Identification in the Division of State Police if the person has been convicted of a crime or if there are criminal charges pending against him. Amended 1981,c.362,s.2; 1993,c.228,s.2. 2A:52-3. Effect of change of name on actions or other proceedings No action, or other legal proceeding commenced in his former name against any person whose name shall have been changed pursuant to the provisions of this chapter shall, by reason of such misnomer, be abated, nor shall any relief of recovery sought thereby be prevented. 2A:52-4. Correction of record of birth or marriage Upon the receipt of either of the following documents: a. A certified copy of a judgment permitting a change of name; or b. A certification issued in connection with a naturalization proceeding authorized by Act of Congress that a change of name was permitted by decree or order of a court vested with jurisdiction to naturalize persons as citizens of the United States; together with a request for correction of an existing record of the birth or marriage of the individual, the State Registrar of Vital Statistics or local registrar of vital statistics shall adjust the record or records to show the new name and the date and manner by which obtained. When the request and such copy or certification are received by a local registrar, he shall forward them to the State Registrar after having adjusted his local record. In the event the name of any child or children shall be permitted to be changed in the naturalization proceedings of the parent of such child or children, the certification of the parents naturalization record or proceedings disclosing such change of name of such child or children shall be sufficient authority for the State Registrar of Vital Statistics or the local registrar, as the case may be, upon request, to correct the birth certificate or marriage certificate of such child or children in the same manner as provided for the correction of the parents birth certificate or marriage certificate. The fee to be paid a local registrar or the State Registrar for each birth certificate or for each marriage certificate so corrected shall be $2.00. Any certified copy of a record changed as provided for in this chapter shall show the name at birth or marriage and the new name and date and manner by which obtained, but upon request shall show only the new name.

Confidential Will Questionnaire

CLICK HERE TO OPEN THIS DOCUMENT IN MICROSOFT WORD  CONFIDENTIAL WILL QUESTIONNAIRE Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney. Please be sure to check all appropriate boxes. If NONE, please state NONE. If NOT APPLICABLE, please state N/A. PLEASE PRINT CLEARLY 1. Your Full Name: ______________________________________________________ First Last 2. IF MARRIED OR SEPARATED, complete (a) and (b) below: (a) Spouses Full Name: ______________________________________________________ First Last 3. Your Street Address: ____________________________________ City ____________________ State ____ Zip Code ______________ 4. Telephone Numbers: Cell: _____________________________________ ________________________ Day: ____________________/Night: ________________________ 5. E-mail address: _______________________________________ 6. Referred By: _________________________ 7. Todays Date ____________ If referred by a person, is this a client or attorney? __________________________________ We recommend a Durable Power of Attorney in the event of your physical or mental disability to help you with financial affairs? Yes ________ No ________ We recommend a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo; Karen Quinlan? Yes ________ No _____ How can we help you? What are your questions/other important info? ______________________________________________________________ _______________________________________________________________ _______________________________________________________________ [It is required by New Jersey Court Rules that all pages be filled out prior to seeing the attorney] 8. Your Sex: [ ] Male [ ] Female 9. Your Marital Status: [ ] Single [ ] Married [ ] Separated [ ] Divorced [ ] Widowed 10. Your Date of Birth: ___________________ SS # __________________ Month Day Year 11. Spouse Date of Birth: _________________ SS # __________________ Month Day Year 12. If you are the parent or legal guardian of a minor child or minor children, please check here. [ ] 2. ESTATE EXECUTOR The person charged with administering/Probating your estate, paying taxes and/or other debts, preserving, managing, and distributing estate assets and property is called an Executor. This person should be one in whom you have trust and confidence. Your SPOUSE is usually named as primary Executor, followed by the child who lives closest to your home. Please provide the following information about the person you wish to name to serve in this capacity. 1. PRIMARY Choice of Executor/Personal Representative: Name: _______________________ _______________________ First Last Relationship: _______________ Address: ____________________ 2. SECOND Choice of Executor: This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death, or is unable to serve. Full Name: ___________________________ _________________ First Last Relationship: _______________ Address: ____________________ The two proposed Executors must be filled out prior to meeting the attorney. We do not recommend Joint Executors, which often cause conflicts and additional work for the Estate. It is best to select one primary person, then a secondary person. Asset Information- Must Be Completed - If none, write none House/Real Estate Address _________________________________________________ Estimate Total Real Estate Value: _____________ Approx mortgage ________________ Bank Accounts, Stocks, CDs and Assets: _______________________________________ Approximate Amount _______________________________________________________ Beneficiaries of Bank Accounts (if none write none) ______________________________ Other Major Assets (if none, write none): _______________________________________ Approximate Life Insurance: _________________ Beneficiary ____________________ In the Will- Who do you want to get your assets: Beneficiary (1) _______________________ Relationship _______________ Beneficiary (2) _______________________ Relationship _______________ Beneficiary (3) _______________________ Relationship _______________ It is required by New Jersey Court Rules that assets and beneficiaries be filled out prior to seeing the attorney Any Specific Bequests of Money and Property: _________________________________________________________________________ _________________________________________________________________________ [ ] A. MARRIED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN). Generally most married people provide that, upon their death, property will be distributed as follows: 1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse. 2. If your spouse predeceases you, then your estate will be divided in equal shares among all of your living children, If any child shall predecease you, then that childs share to their children (grandchildren). Names of Children: ______________________________ Age: ______ ______________________________ Age: ______ ______________________________ Age: ______ LIST THE NAMES AND AGES OF ALL CHILDREN EVEN IF THEY ARE OLDER THAN EIGHTEEN. IF NO CHILDREN, WRITE NONE. If no minor children, skip page 4. III. GUARDIAN(S) OF MINOR CHILD(REN) [Skip this section if you have NO minor children and DO NOT want a trust. There are substantial additional fees for preparation of a Trust] The surviving parent of a minor child is ordinarily entitled to be the GUARDIAN of that child. In the case of simultaneous death of you and your spouse, or if you are a single parent, you should appoint a Guardian for your minor child. It is advisable, prior to the completion of this Questionnaire, to make sure that your proposed Guardian(s) is (are) willing to serve as Guardian(s). In addition, the Guardian will also hold the monies for the minor children UNLESS you direct us otherwise. In your Will you can have any adult serve as Trustee of monies for minor children. Provide the following information about the person(s) you select to be Guardian(s)/Trustee(s). In the event my spouse predeceases me, I name as GUARDIAN(S)/ TRUSTEE(S): 1. PRIMARY Choice of GUARDIAN / TRUSTEE: Full Name: _______________________________________ Relationship: ______________________________________ 2. SECOND Choice of GUARDIAN / TRUSTEE: Full Name: _______________________________________ Relationship: _____________________________________ Are there any beneficiaries with special needs, or receiving SSI or SDD? Please answer in detail ________________________________________ [ ] B. MARRIED PERSONS WITH NO CHILD(REN) OR GRANDCHILD(REN). Generally most married people with no child(ren) or grandchild(ren) provide that upon their death their property will be distributed as follows: 1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse, but 2. If your spouse predeceases you, then your estate will be distributed to your living parent, or equally to your living parents. 3. But should both of your parents predecease you, then your estate will distributed equally to your brothers and sisters or equally to the children of a predeceased brother or sister. Please check B above only if you wish your property distributed precisely and exactly as indicated in section B, 1 through 3, above. Additional information on Wills, Probate and Elder Law available at NJLaws.com [ ] C. DIVORCED OR WIDOWED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN). Generally, most divorced or widowed persons with child(ren) or grandchild(ren) provide that upon their death property will be distributed as follows: 1. Your estate (all property and assets not owned jointly with another person) will be distributed in equal shares to all of your living child(ren). 2. But if one or more of your children predeceases you, that deceased childs share will be distributed to his or her child(ren), your grandchild(ren) in equal shares [ ] D. ALTERNATE PLAN OF DISTRIBUTION - You may list specific gifts to individuals and/or divide your estate among several individuals by listing percentages to each, making sure that the percentages total 100%. You may add additional sheets if necessary or use the back of this form. There are additional Will preparation fees if there are gifts, called specific bequests. PLEASE WRITE DOWN ANY QUESTIONS YOU HAVE HERE or anything else important that we should be aware. Use back of this page for additional important information: _______________________________________________________________ _______________________________________________________________ ESTATE PLANNING Your estate may be subject to Federal Estate Taxation if the total of your assets exceeds $2,000,000. If your assets exceed $2,000,000 and you desire estate planning to avoid or reduce your estate tax or require a Trust to protect a spouse, please advise Mr. Vercammen. A Standard Will is not designed to address estate tax issues. We do not do Tax Planning or Medicaid Planning. WILLS: T 1- Parents with minor children and trust for children ____________ T 2- Parents no spouse ____________ T 3- Unmarried ____________ T 4- Parents without trust ____________ T 5- Unified Credit Trust over $1 million? ____________ PAYMENT WILL BE MADE BY: (Please circle one) Check, Credit Card (Visa, Mastercard, American Express) or Cash Payment is required for Will, Power of Attorney and other document preparation at the first consult and prior to any documents being drafted. We charge a $150.00 consultation fee, which is credited to the preparation of the Will or other document. This $150.00 fee is non-refundable even if the documents are not prepared. If there are any changes to a draft Will, Power of Attorney, or other document, there will be a minimum charge of $75.00 per revision. The Will needs to be signed within 21 days of initial consult or an additional fee of $100.00 will be charged. This form was filled out by: _________________________________________ sign name