Clothes for Kids’ Sake – Big Brothers Big Sisters of Ocean County

I know its still February, but I keep hoping for signs of Spring!

I got my first “sign” in the mail when I received a notice that Big Brothers Big Sisters of New Jersey will be in the Ocean County area picking up donations.  Its a good opportunity to do some Spring cleaning and get rid of anything my family hasn’t been using.

It’s easy to schedule a pick up.  You can call 1-877-336-8828, or visit this website.

Big Brothers Big Sisters will come to your house and pick up donations of clothes, small appliances, books, bedding, toys and other items. Here is a list of the items most needed by the organization. Any donation you make is tax deductible.

Pack up any items you have, schedule and appointment and leave the bags on your doorstep.

2012 Tax Appeals – Don’t Miss the Deadline

Does your property’s assessment properly reflect the correct current market value? Chances are it doesn’t because of the continuing downward turn in real estate prices in our area.

If you haven’t already, you will receive a post card from your municipality telling you the assessment of your property. The only way to effectively reduce your local property tax, whether for your residential or commercial property, is by reducing the assessment the township has placed on your property. You have a limited time to appeal that assessment given by your municipality.  While the law presumes that the assessment is valid,  you have the right to challenge the assessment. That is done by filing an appeal with the County Board of Taxation.  Included in the appeal is a form to be filled out as well as a certification that it has been delivered to several municipal offices and the county office. Negotiations are usually had once an appeal is filed with the Municipal Assessor. In certain cases an appraiser is hired to provide an appraisal based upon recent comparable sales. The deadline for filing a tax appeal is April 1, 2012 and no extensions are granted.

Taxpayers may find the entire appeal process very challenging. That is where an attorney can assist in relieving the taxpayer of the stress and time associated with the appeal. In the past three years our firm has helped thousands of taxpayers, throughout Ocean County and Monmouth County, collectively obtain assessment reductions resulting in lessening their overall tax burden by over $1 million. Reducing an assessment in one year will provide a reduced assessment often for years to come because that assessment remains constant until the municipality reassesses the entire township. For instance, such revaluations did not occur until fifteen years after the prior one in Brick and Toms River.

Generally we work on a contingent fee, so that no fee is paid unless we successfully obtain a reduction in your taxes. While a reduction will benefit you for years to come our fee is only based upon the savings for the first year and is only a portion of that savings. The filing fee, depending upon the assessment of your property, is between $25 and $150. The filing of an appeal, the negotiations and possible hearing that takes places subsequently can be a difficult process for the lay person.

Hopefully our experience in the area of law can provide a service to you that will be financially meaningful. We are prepared to offer a free telephone consultation with any taxpayer who wants to find out more about the process and the possibilities of having their taxes reduced. We know that the past results we have obtained for our many clients does not guarantee future decisions. We hope though that you will find that our experience and knowledge will assist you in providing a beneficial outcome. Please remember that there is a deadline and the paperwork needs to be filed in the proper way and in a timely manner.

The deadline for filing a tax appeal is April 1, 2012 and no extensions are granted. Contact our offices to discuss your options.

For additional information you can visit our website.

Edward J. Dimon Receives AV Rating

A big congratulation to Edward J. Dimon, who has received news of an AV Peer Review Rating, the highest rating from Martindale-Hubbell.

The Martindale-Hubbell Peer Review Ratings help buyers of legal services identify, evaluate and select the most appropriate lawyer for a specific task at hand. Lawyer Ratings serve as an objective indicator that a lawyer has the highest ethical standards and professional ability and are used by buyers of legal services to justify their hiring decisions.

Ed is celebrating 40 years of being admitted to the Bar, New Jersey and Massachusetts. He was the First Assistant Prosecutor in Ocean County and is currently the Managing Partner at CLDDS.

Firm Committment – Winter Issue

The latest issue of Firm Commitment has been posted to our website.

Visit the link below to read any of our newsletters written by the attorneys of Carluccio, Leone, Dimon, Doyle & Sacks, L.L.C.

http://cldds.com/newsletter-archive.html

Shoveling: Who’s Responsibilty?

Winter, the season for snowboarding, skiing, sledding and ice skating, can also be the season for accidents. From a legal perspective, the accidents that create liability occur when a responsibility to use care and caution has been omitted or overlooked. The simple acts of falling or slipping that result in an injury can lead to a claim for compensation.

How can a person protect themselves and others from slips and falls? First and foremost, everyone has a duty to be alert while also using caution when traversing sidewalks and parking lots or entering buildings. What happens if a person was being careful but fell and was injured on your property? Property owners have a duty to conduct themselves and maintain their property with such care so as not to create a hazard for others. The degree of care and circumspection increases with the nature of the property. For example, the owner of a convenience store must clear driveways and sidewalks of snow and ice to permit the public safe, hazard-free access. A residential homeowner only needs to exercise the same care to others as the homeowner would exercise for himself. A homeowner does not need to shovel his driveway or sidewalk in front of his property unless a Borough or Township ordinance exists. However, if a condition is created that is worse than the one eliminated from shoveling the sidewalk, the homeowner will be responsible for any injures that occur on the property.

Driving during the winter comes with its own set of risks and responsibilities. Every driver has the duty to operate their vehicles safely. Snow and/or ice may decrease visibility and certainly decreases traction. Along with reducing speed, drivers should create a greater stopping distance by allowing more space between your vehicle and the vehicle in front of you.

Purchasing an insurance policy is a simple way to spread risk. For a payment of premiums, an insurance company will defend you if you are sued and indemnify you up to the limit of the policy if someone is deserving of compensation as a result of an injury. Homeowners insurance provides the protection for a private property owner, and commercial insurance acts in the same fashion for the owner and/or operator of a commercial establishment.

In New Jersey, ownership of an automobile requires the maintenance of insurance. Auto insurance protects you in the instance another driver or person sues because of an injury caused from careless driving. Under your policy you are protected when others have either failed to properly insure themselves or when your own injuries exceed the policy limits of others who are at fault. The dollar limits of your liability should commensurate with your income and the size of your asset portfolio. A good rule of thumb is to purchase as much liability insurance as you can comfortably afford. Don’t skimp here.

Whether you own private or commercial property make sure to take extra precautions during the winter season. It may not be enough to just shovel, put down salt to prevent the formation of ice and to create better traction for those who would traverse the area. So go out there and have fun, just make sure you exercise appropriate care and caution and carry the right insurance.

Avoiding a Costly Guardianship

Every person reading this article has the potential to be the subject of a guardianship hearing.  As we get older, the concern grows that our mental faculties may become impaired, and we will no longer be able to handle our own personal or financial affairs.  Ailments like Alzheimer’s and other forms of dementia are common and become more likely with age, as does the risk of stroke and other debilitating health issues.  Once a person becomes mentally incapacitated, the need for a court-appointed guardian becomes likely. Guardianship proceedings mark a huge loss of control over a person’s life, not to mention an intrusion by the court system, a loss of privacy and a significant cost.

Most people do not fully understand  what it really means to be the subject of a guardianship and to have a guardian appointed to represent them.  In simple terms, a guardianship occurs when a person over the age of 18 is determined by the court to lack the ability to manage their own financial affairs or to conduct other aspects of their lives, such as making medical decisions. In addition to delegating the management of the individual’s financial affairs and their medical decisions, the court can also remove other rights such as the individual’s right to drive or vote.   It is important to keep in mind that a guardianship is the legal option of last resort, to be commenced only if all other options have been exhausted.  So, how can a guardianship be avoided?

At times, a guardianship is absolutely necessary and is in the best interest of the person for whom it is established. More often than not, most guardianships are necessitated by a medical or financial crisis.  However, there are many times a guardianship could have been avoided by appropriate planning.  This will only be possible if the individual had previously executed certain documents known as a Power of Attorney and an Advanced Medical Directive. These documents can be considered “guardianship substitute” documents. It is important to keep in mind that these documents must be signed before the crisis occurs.

The first document, the Power of Attorney, is a document in which an individual appoints someone they trust (called an “attorney-in-fact”) to take over their financial affairs for them should they become mentally incapacitated. The attorney-in-fact can be given the authority to pay bills, manage bank accounts and investments, handle property transactions, and essentially step into the individual’s shoes for financial purposes.

The second document, the Advance Medical Directive, is a document that allows an individual to appoint a healthcare agent to make medical decisions for them if they are unable to make those decisions for themselves. It can also allow the individual to communicate their wishes as to what types of end-of-life medical treatment they do and do not wish to receive.

The key to avoiding guardianship is to take these recommended steps while you are clear-headed and aware of your actions. Once a person is suffering from a mental disability, it’s too late to engage in incapacity planning.

Governor Christie Announces intention to Nominate Bruce A. Harris

The Honorable Bruce A. Harris, arguably the first openly gay African-American Mayor in the nation, is expected to become the first openly gay New Jersey State Supreme Court Justice.  Governor Chris Christie announced today his intention to nominate Harris, currently the mayor of the City of Chatham to New Jersey’s highest court.  Raised in Iowa, Harris is the eldest of twelve siblings.  After receiving his M.B.A. from Boston University in 1979, Harris went on to graduate with his J.D. from Yale University in 1992.  He is currently Of Counsel with Greenberg Traurig’s Florham Park office.  A leader in the legal community, the African-American community and the Republican Party, Harris will bring decades of experience to the Court.

At a time when the New Jersey legislature is considering a marriage-equality bill, Mayor Harris’s nomination shows how far this State and our Governor have come in recognizing and acknowledging the civil rights and advances of the LGBT-persons.

Daniel J. Carluccio (1941 – 2012)

For nearly four years our friend and partner, Daniel J. Carluccio, battled leukemia. During that fight he came back bringing us his talent, intellect and experience. With great sorrow we announce that Dan passed on January 18, 2012.

Dan was not only our partner, but he was a friend of ours for more than forty years. He was a leader in his every endeavor and a hero to all who knew him. Dan loved the law with a passion that was so typical of everything he did. He was most at home in the court room where he helped his clients, honored his profession and proved his ability. Dan served as the Public Defender for Ocean and Burlington Counties. Later, appointed as the Ocean County Prosecutor by the Governor, he used his abilities from the other side. He tried 15 murder cases and was involved in million dollar judgments.

When the trial certification program was first established in 1982, Dan was one of the few attorneys in New Jersey to earn the certification by the Supreme Court as both a civil and criminal trial attorney. In 2009, Dan received the James McLaughlin Award honoring his outstanding service as trial attorney by the New Jersey State Bar Association. In response to his award Dan stated, “I have always strived to achieve that fairness by trusting the system and playing hard and fair.” That same year, Dan was presented with the Ocean County Bar Association’s Lifetime Achievement Award. For six consecutive years, Dan has been the recipient of New Jersey Super Lawyer.

We will bear tribute to Dan’s memory by redoubling our efforts to provide the dedicated professionalism he always exhibited. Please remember Dan, as the esteemed person he was, and his loving family, wife Judith, children Matt and Michel, daughter-in-law Sarah, son-in law John, and grandchildren Evelyn, Roxanne and Leo in your thoughts and prayers.

Memorial Service will be held Wednesday, January 25, 2012 at 11 a.m.

The Presbyterian Church of Toms River
1070 Hooper Ave, Toms River, NJ

www.pctr.org

In lieu of flowers please make a donation in Dan’s name to one of the following causes:

Cancer Care (cancercare.org)

Save the Children (savethechildren.org)

Southern Poverty Law Center (splcenter.org)

Driving Directions: 

FROM NORTH JERSEY/NEW YORK AREAS: Take Garden State Parkway South to Exit 82- Island Heights/Seaside Park -to Route 37 East. Proceed through the 2nd traffic light to the Hooper Avenue North (Rt. 549) jug handle (This really is more than a jug handle; it is like going around a city block. Just keep following the left turn/U-turn signs to Hooper Ave. North to Brick). After you cross over Rt 37, go through the first traffic light. Stay in the right hand lane of Hooper Avenue. Take the Chestnut Street Exit (just past the Firehouse and before the second traffic light). At stop sign, make a left onto Chestnut Street West -you will be facing the Church. Go through the traffic light and use the parking lot entrance to the Church. Park in the back of the building.

FROM SOUTH JERSEY: Take Garden State Parkway North to Exit 82 -Seaside/Route 37 East. Follow directions from North Jersey/New York Areas.

The First National Alzheimer’s Plan

American adults fear getting Alzheimer’s disease almost as much as they do getting cancer, and with good reason.  An estimated 5.4 million Americans currently suffer from Alzheimer’s. It is projected that by 2050 approximately 13 to 16 million Americans will be affected by the disease.  Moreover, the projected costs associated with the care of Alzheimer’s patients is mind boggling; it is estimated that it will cost $1 trillion in medical treatment and nursing home expenses.

The good news is that the Obama Administration is taking these statistics very seriously.  It has begun developing the first National Alzheimer’s Plan. With a deadline of 2025, the national plan will focus on the factors impacting those affected and their families. Currently, Alzheimer’s patients receive treatment that only temporarily eases the symptoms. The goal of this plan is to ultimately find improved treatments including better day to day care. In addition, the national plan will focus on improving timely diagnosis as well as improve support and training for families.

New Year’s Resolution

If you’re like most people, you’ve probably experienced the sudden burst of motivation that comes in early January as so many people set their sights on New Year’s resolutions; vowing that this will be the year that you’ll stick to it.  And, sadly, if you are like most people, your New Year’s resolutions are notoriously short-lived, if not completely forgotten by February.  This year why not make a resolution that’s easy to keep?  Why don’t you resolve to have your estate documents, meaning your will, your power of attorney and your advance medical directive or living will, prepared?  The process is as easy as making an appointment with an attorney.  If you’re interested, give our office a call.