2053 Woodbridge Avenue - Edison, NJ 08817

Thursday, September 21, 2017

NJ LAWS EMAIL NEWSLETTER E525 Kenneth Vercammen, Attorney at Law

GREETINGS!
IN THIS ISSUE: 
1. Help Wanted - Clerk for Law Office
2. NJ adopts same-elements test as the sole test for determining what constitutes the "same offense" for purposes of double jeopardy. 
3. Dash cam video in fatal shooting public record.
4. Canine dog sniff cannot be long delay.
5. Fun Upcoming Running Races & Charity events selected by Kenneth Vercammen

1. HELP WANTED - Clerk for Law Office - envelope stuffing, misc. clerk duties Oct 5 - Dec 10
Monday-Friday
3 hours per day  start 8:55am            $9.00 per hour
                                 OTHER DUTIES
-Adding client names to computer database, prepare letters, and work on client traffic ticket matters.
- Preparation of documents on Computer and mail to courts
-Telephone Answering
-General Office duties in Law Office
-Update mailing/ client lists and learn marketing
-All other work needed including working on litigation cases
 Must be dependable and committed to perfection. 
  
  A good way to learn NJ Law Office procedures.  Call Law Office of Kenneth Vercammen & Associates at 732-572-0500.  Check out our website at www.njlaws.com to see more information on our law office.
 
 
Recent cases
2. NJ adopts same-elements test as the sole test for determining what constitutes the "same offense" for purposes of double jeopardy. More difficult for double jeopardy. State v. Miles, 229 N.J. 83

3. Dash cam video in fatal shooting public record
    NJMG was entitled to disclosure of unredacted Use of Force Reports, under OPRA, and dash-cam recordings of the incident, under the common law.  Investigative reports, witness statements, and similarly detailed records were not subject to disclosure at the outset of the investigation, when they were requested. 

4. Canine dog sniff cannot be long delay
 
 
State v. Dunbar.
      The Court adopts the federal standard barring unnecessary delays for the purpose of canine sniffs. Officers do not need reasonable suspicion of a drug offense provided that the canine sniff does not prolong the stop beyond the time required to complete the stop's mission. (A-94-15; 077839)

5. Fun Upcoming Running Races & Charity events selected by Kenneth Vercammen
 9/24/17        Steeplechase 5k & 10k Hillsborough 8:45
 10/ 7/17       Metuchen Fair [not a race]
 10/8/17        Rook Run Long Branch
 10/15/17      East Brunswick 5k & 10k   10am RVRR new start EB Community Arts Center 721 Cranbury Rd. in East Brunswick) well run event Road closed to traffic www.ebrr.org, post race we go to Lori's Lakeside on Farrington Lake, North Brunswick
September 26, 2017   
Wills, Estate Planning & Probate Seminar at Sayreville Senior Center 
10am open to the public
423 Main Street     
Sayreville NJ 08872
 For information Call Sayreville Senior Center 732-390-7059
Jen Krushinski:  jkrushinski@sayreville.com
September 30, 2017 A "Knight" of Comedy
Presented By: The Valdez Agency, LLC of
The Knights of Columbus
St. Bartholomew Parish Hall
470 Ryders Lane, East Brunswick, NJ 08816
    Dinner at: 7:00 PM       Show Starts at: 8:00PM
Doors Open at: 6:00 PM
$45.00 Per Person $80.00 Per Couple
Proceeds Donated to the National Breast Cancer Foundation,
      Buffet Dinner, Beer, Wine, Dessert, and Laughter!
For Tickets Call: 732- 955-6730 or 732-322-4008
Email: valdezagencymail2@kofc.org or John.forcella@kofc.org
50/50 Raffle and Many Prizes
TICKETS AVAILABLE BY ADVANCED PURCHASE ONLY 
from Valdez agency

October 3 at 7pm  Free community program
  Edison Library Main Branch 340 Plainfield Ave. Edison, NJ 08817     
For info call 732-287-2298 x 228
 
Oct.  7    Metuchen Fair Main St., then stop over at Hailey's Harp
 
Oct 9 at 7 PM South Brunswick Library 
Wills, Estate Planning & Probate Seminar Mon open to the public
 
Oct 14 2017 Military Law Symposium- to help Veterans
Rutgers College Avenue Student Center, 126 College Ave New Brunswick, NJ 08901 [the Barn]
Time: 9:00 AM - 3:00 PM ET
This a free seminar for NJ Bar members. Pre-registration is required.
 
     The day offers comprehensive coverage of several key issues, including: 
Employment: Take a look at the impact of the Uniform Service Employment and Reemployment Rights Act.
Criminal defense: Learn how to tell the veteran's story and translate their military experience
to mitigate implications relating to the charged offense.
Elder Law: Find out more about veteran pension options and how they relate to Social Security and other assets.
Family Law: Get the details on the Service members' Civil Relief Act, child custody issues unique to the military, and federal and New Jersey laws.
Military Discharge Status: Learn what steps to take to upgrade status, and the importance of the Certificate of Release or Discharge from Active Duty.
Veterans Benefits: Make certain to know what benefits are available.
Representation before the Department of Veterans Affairs: Prepare yourself to be become accredited to help veterans; know basic eligibility is for benefits and disability compensation; the administrative level application and Notice of Disagreement; and the appeals process.
Note: Attendance at the event will qualify for Veterans' Administration accreditation in compliance with 38 C.F.R. 14.629 (b). This symposium satisfies VA CLE requirements for the initial year accreditation and for the ongoing biannual recertification. It is appropriate for new and experienced practitioners.  

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Editor's Note and Disclaimer:
All materials Copyright 2017. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Monday, September 11, 2017

NJ LAWS EMAIL NEWSLETTER E524 Kenneth Vercammen, Attorney at Law

GREETINGS!
IN THIS ISSUE: 
1. Five officers' swift and coordinated action eliminated the risk that any of the four occupants would gain immediate access to the weapon.
2. Fun Upcoming Running Races & Charity events selected by Kenneth Vercammen.
3. Defendant has automatic standing to challenge the search of a residential apartment. 

1. Five officers' swift and coordinated action eliminated the risk that any of the four occupants would gain immediate access to the weapon. State v. Robinson 228 N.J. 529 (2017).

     Although the circumstances gave rise to a reasonable suspicion that there was a weapon in the vehicle, the five officers' swift and coordinated action eliminated the risk that any of the four occupants would gain immediate access to the weapon. Accordingly, the protective sweep exception to the warrant requirement does not govern this case.  The community-caretaking exception to the warrant requirement is irrelevant. However, the inevitable discovery exception to the exclusionary rule may be pertinent to this case.

          1. The Fourth Amendment of the United States Constitution and Article I, Paragraph 7 of the New Jersey Constitution guarantee "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures," and set forth the requirements for warrants. Warrantless searches are permissible only if justified by one of the few specifically established and well-delineated exceptions to the warrant requirement. It is the State's burden to prove that a warrantless search falls within one or more of those exceptions.
   
         2. The protective sweep exception to the warrant requirement derives from Terry v. Ohio, 392 U.S. 1 (1968). In Terry, the Supreme Court held that a police officer may initiate an investigatory stop in the presence of "specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion."  Id. at 21.  Terry stops are narrowly drawn to permit a reasonable search for weapons.

       3. The United States Supreme Court applied the protective sweep exception to an automobile setting in Michigan v. Long, 463 U.S. 1032, 1049 (1983). The Court adopted that standard in State v. Lund, 119 N.J. 35, 48 (1990), but rejected the State's claim that the search reviewed in that case was a valid protective sweep. In State v. Gamble, the Court upheld an automobile search as a lawful protective sweep. 218 N.J.412, 431-33 (2014).

        4. Long and the Court's opinions in Lund and Gamble define the standard for a valid protective sweep of an automobile following a traffic stop: the State must present specific and articulable facts that, considered with the rational inferences from those facts, warrant a belief that an individual in the vehicle is dangerous and that he or she may gain immediate control of weapons. The protective sweep exception in the automobile setting does not turn solely on the potential presence of a weapon in a vehicle. Instead, it addresses the imminent danger to police when a driver or passenger will be permitted access to a vehicle that may contain a weapon or may be in a position to evade or overpower the officers at the scene. That standard governs this appeal.

      5. In light of the Officer observations of defendant's driving, there were specific and articulable facts giving rise to reasonable suspicion that defendant had committed motor vehicle violations and that the traffic stop was therefore lawful. However, the Officer's search of the car was not a valid protective sweep. There is no doubt that Officer's concerns that defendant and Henderson could be armed were justified, but Officer's addressed the potential danger with prompt and effective action. None of the four occupants was given an opportunity to return to the car or was in a position to gain access to any weapon. The record did not reveal specific and articulable facts that, at the time of Officer's search of the vehicle, would reasonably warrant the conclusion that any of the vehicle's four occupants was potentially capable of gaining immediate control of weapons. The search of the car was not within the protective sweep exception to the warrant requirement. 

       6. This case does not fit within the narrow parameters of the community-caretaking doctrine as applied to the search of a motor vehicle. There was no potential threat to any person's safety warranting application of the doctrine at the time that the search took place. The Court does not reach the "plain-feel" exception. 

      7. In light of the officers' continued control over the vehicle, their reasonable concern that one or more occupants could have been armed, and the uncertain status of the vehicle's owner, it may have been inevitable that the handgun would have been discovered. Consequently, the inevitable discovery exception to the exclusionary rule is potentially relevant to this case. The Court explains that exception and provides guidance for evaluating its applicability on remand, but offers no view on the resolution of any issues raised on remand. (A-40-15; 076267)
  
2. Fun Upcoming Running Races & Charity events selected by Kenneth Vercammen

Sept. 9   Fallen Heroes Memorial Run Bar Anticipation, Lake Como 
5k 9:30  Co-Sponsor Wakefern Shoprite

Sept. 9 Edison Elks end of Summer bash Sept 9th is the End of summer Bash. Let's put the pool to bed with a great day out. 3 bands, BBQ, Pig Roast, and Horse Shoes! Tickets at the Edison Elks Social area call 732) 985-2487 Edison Elks 2487 
375 Old Post Road Edison NJ 08817-4653   $20 per person

Sept. 10  Hightstown Triathlon starting at 7:00am

Sept. 10   JSRC Picnic at Monmouth Park Racetrack

Sept. 11  every year   911 Memorial run Belmar boardwalk to Spring Lake 6pm [not a race]

Sept. 16  Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite

Sept. 24   Steeplechase 5k & 10k Hillsborough 8:45

Sept. 26 Wills, Estate Planning & Probate Seminar 
at Sayreville Senior Center
 10am open to the public
423 Main Street        
Sayreville NJ 08872   
 For information Call Sayreville Senior Center 
732-390-7059 Jen Krushinski 
 
Sept. 30  A "Knight" of Comedy
Presented By:The Valdez Agency, LLC of
The Knights of Columbus
St. Bartholomew Parish Hall
470 Ryders Lane, East Brunswick, NJ 08816
Dinner at: 7:00 PM      Show Starts at: 8:00PM
Doors Open at: 6:00 PM
$45.00 Per Person $80.00 Per Couple
Proceeds Donated to the National Breast Cancer Foundation, Inc. 
 Buffet Dinner, Beer, Wine, Dessert, and Laughter!
Headline Comedians:
Lenny Venito - (Men in Black 3, ABC "The Neighbors," CBS Hit Comedy Show Kevin Can Wait)
Rob Magnotti - (Mall Cop 2, Stand Up Comedian, David Letterman)
Chris Monty - (Mall Cop 2, CBS Hit Comedy Show Kevin Can Wait) 
For Tickets Call: 732- 955-6730 or 732-322-4008
50/50 Raffle and Many Prizes
TICKETS AVAILABLE BY ADVANCED PURCHASE ONLY 
 
Oct.  7    Metuchen Fair
 
3. Defendant has automatic standing to challenge the search of a residential apartment. State v. Amir Randolph 228 NJ 566 (2017)
      HELD: Defendant had automatic standing to challenge the search of the apartment because he was charged with possessory drug offenses and because the State failed to show that the apartment was abandoned or that defendant was a trespasser. Failing to issue the "mere presence" charge was harmless error.

Editor's Note and Disclaimer:
All materials Copyright 2017. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

NJ LAWS EMAIL NEWSLETTER E523 Kenneth Vercammen, Attorney at Law

GREETINGS!
IN THIS ISSUE: 
1. Reasonable Articulable Suspicion was not Present when this Investigative Detention Began. 
2.  Thank you summer Volunteer interns for the Public Defender program and Law Office
3.  Fun Upcoming Running Races & Charity 

1. Reasonable articulable suspicion was not present when this investigative detention began. Therefore, the statements and evidence obtained thereafter must be suppressed. State v. Rosario ___N.J.___ (2017.

        Defendant was faced with an investigative detention once the officer blocked in her vehicle, directed the patrol car's alley light to shine into her car, and then approached her driver's-side window to address her. Under the totality of the circumstances, a reasonable person would feel the constraints on her freedom of movement from having become the focus of law enforcement attention. Accordingly, an investigative detention had begun. Reasonable articulable suspicion did not ripen prior to the officer's subsequent exchanges with defendant.
         In this appeal, the Supreme Court addressed whether and at what point defendant's interaction with the police officer escalated from a field inquiry into an investigative detention. 

        1. "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." U.S. Const. amend. IV; N.J. Const. art. I, ¶ 7. Warrantless searches and seizures presumptively violate those protections, but not all police-citizen encounters constitute searches or seizures for purposes of the warrant requirement.  

        2. Three categories of encounters with police have been identified by the courts: (1) field inquiry; (2) investigative detention; and (3) arrest. The test of a field inquiry is whether a defendant, under all of the attendant circumstances, reasonably believed he could walk away without answering any of the officer's questions. In contrast to a field inquiry, an investigative detention, also called a Terry stop or an investigatory stop, occurs during a police encounter when an objectively reasonable person would feel that his or her right to move has been restricted. Because an investigative detention is a temporary seizure that restricts a person's movement, it must be based on an officer's reasonable and particularized suspicion that an individual has just engaged in, or was about to engage in, criminal activity. An arrest requires probable cause and generally is supported through an arrest warrant or by demonstration of grounds that would have justified one.  
       
       3. The key issue in this case lies in the distinction between a field inquiry and an investigative detention. The difference between a field inquiry and an investigative detention always comes down to whether an objectively reasonable person would have felt free to leave or terminate the encounter with police. The encounter is measured from a defendant's perspective. 
 
       4. A person sitting in a lawfully parked car outside her home who suddenly finds herself blocked in by a patrol car that shines a flood light into the vehicle, only to have the officer exit his marked car and approach the driver's side of the vehicle, would not reasonably feel free to leave. Here, the officer immediately asked for defendant's identification. Although not determinative, that fact only reinforces that this was an investigative detention. It defies typical human experience to believe that one who is ordered to produce identification in such circumstances would feel free to leave. That conduct is not a garden-variety, non-intrusive, conversational interaction between an officer and an individual.  

      5. Because it was an investigative detention from the point that Officer Campan took those directed actions toward defendant, the Court must consider whether, based on a totality of the circumstances, the encounter was "justified at its inception" by a reasonable and articulable suspicion of criminal activity. An anonymous tip, standing alone, inherently lacks the reliability necessary to support reasonable suspicion. Mere furtive gestures of an occupant of an automobile do not give rise to an articulable suspicion suggesting criminal activity. The suspicious behavior identified by the State in defendant's later responses to Campan's questioning occurred after the investigative detention had begun. Neither those responses, nor her blurted-out incriminatory statements, nor the surrendered contraband can be used, post hoc, to establish the reasonable and articulable suspicion required at the outset of the investigative detention that here began earlier in time.  

      6. Reasonable articulable suspicion was not present when this investigative detention began. Therefore, the statements and evidence obtained thereafter must be suppressed, and it is unnecessary to address the Miranda arguments advanced by the parties.  
 
  2. Thank you summer Volunteer interns for the Public Defender program and Law Office 
Ariella - Sweeney Penn State Law Class of 2019
Natali Taglic -  Boston College Law Class of 2020
Eric Redler - Rutgers New Brunswick Class of 2018

Congratulations to past Monroe High School Law Clerk Nishant Nagalia for achieving Eagle Scout.
 
       We look forward to educating our Fall 2017 Volunteer interns  in the Public Defender program and Law Office. The Public Defenders provide Indigent out of work individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender invites interested students from Law students, to colleges students and even senior & junior high school students interested in law, criminal justice or a career in law enforcement to apply to serve as volunteer interns. Volunteer Law Clerk interns can also attend Wednesday evening 5:15 court sessions.
          
        The Kenneth Vercammen & Associates Law Office in Edison also offers an "intro to law" volunteer internship. Excellent for student interested in Pre-Law, Criminal Justice or Law Enforcement careers, Please post this position. General details on internships at http://www.njlaws.com/intern.html
         Interested students must mail or fax a cover letter indicating the internship they are applying for and resume. If no personal cover letter by student, the resume will not be considered. Not available in the summer
 
3.  Fun Upcoming Running Races & Charity events selected by Kenneth Vercammen

Aug 24  Edison Elks Thirsty Thursday

Aug 25 WFAN  at Bar Anticipation
 
9/2 Scranton Capt. Minicozzi 5k  10amhttps://runsignup.com/Race/Donate/PA/Scranton/Minicozzi5k

Sept 4.  Monday Pier House 5K, Long Branch 8:30 - benefiting Valerie Center of Monmouth Medical

Sept. 9  Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30  Co-Sponsor Wakefern Shoprite

Sept. 9   Edison Elks End of Summer Bash
 
Sept. 10  Hightstown Triathlon starting at 7:00am

Sept. 10  JSRC Picnic at Monmouth Park Racetrack

Sept. 11  every year   911 Memorial run Belmar boardwalk to Spring Lake 6pm [not a race]

Sept. 16   Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite

Sept. 24   Steeplechase 5k & 10k Hillsborough 8:45

Sept. 26 Sayreville Senior Center Wills, Estate Planning & Probate Seminar
 
September 30, 2017 A "Knight" of Comedy
Presented By: The Valdez Agency, LLC of
The Knights of Columbus
St. Bartholomew Parish Hall
470 Ryders Lane, East Brunswick, NJ 08816
    Dinner at: 7:00 PM       Show Starts at: 8:00PM
Doors Open at: 6:00 PM
$45.00 Per Person $80.00 Per Couple
Proceeds Donated to the National Breast Cancer Foundation, Inc. 
Buffet Dinner, Beer, Wine, Dessert, and Laughter!
Headline Comedians:
Lenny Venito - (Men in Black 3, ABC "The Neighbors," CBS Hit Comedy Show Kevin Can Wait)
Rob Magnotti - (Mall Cop 2, Stand Up Comedian, David Letterman)
Chris Monty - (Mall Cop 2, CBS Hit Comedy Show Kevin Can Wait) 
For Tickets Call: 732- 955-6730 or 732-322-4008
50/50 Raffle and Many Prizes
TICKETS AVAILABLE BY ADVANCED PURCHASE ONLY

Editor's Note and Disclaimer:
All materials Copyright 2017. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Thursday, August 17, 2017

Advice to the Executors of an Estate


Advice to the Executors of an Estate


Advice to the Executors of an Estate

Compiled by Kenneth A. Vercammen, Esq.
The New Probate Statute of NJ revised various sections of the New Jersey law on Wills and estates. law makes a number of substantial changes to the provisions governing the administration of estates and trusts in New.
Duty of Executor in Probate Estate Administration

1. Conduct a thorough search of the decedents personal papers and effects for any evidence which might point you in the direction of a potential creditor;

2. Carefully examine the decedents checkbook and check register for recurring payments, as these may indicate an existing debt;

3. Contact the issuer of each credit card that the decedent had in his/her possession at the time of his/ her death;

4. Contact all parties who provided medical care, treatment, or assistance to the decedent prior to his/her death;

Your attorney will not be able to file the NJ inheritance tax return until it is clear as to the amounts of the medical bills. Medical expenses can be deducted in the inheritance tax.
Under United States Supreme Court Case, Tulsa Professional Collection Services, Inc., v. Joanne Pope, Executrix of the Estate of H. Everett Pope, Jr., Deceased, the Personal Representative in every estate is personally responsible to provide actual notice to all known or readily ascertainable creditors of the decedent. This means that is your responsibility to diligently search for any readily ascertainable creditors.
Other duties/ Executor to Do
Bring Will to Surrogate
Apply to Federal Tax ID #
Set up Estate Account at bank (pay all bills from estate account)
Pay Bills
Notice of Probate to Beneficiaries (Attorney can handle)
If charity, notice to Atty General (Attorney can handle)
File notice of Probate with Surrogate (Attorney can handle)
File first Federal and State Income Tax Return [CPA- ex Marc Kane]
Prepare Inheritance Tax Return and obtain Tax Waivers (Attorney can handle)
File waivers within 8 months upon receipt (Attorney can handle)
Prepare Informal Accounting
Prepare Release and Refunding Bond (Attorney can handle)
Obtain Child Support Judgment clearance (Attorney will handle)
Lets review the major duties involved-

In General. The executors job is to (1) administer the estate--i.e., collect and manage assets, file tax returns and pay taxes and debts--and (2) distribute any assets or make any distributions of bequests, whether personal or charitable in nature, as the deceased directed (under the provisions of the Will). Lets take a look at some of the specific steps involved and what these responsibilities can mean. Chronological order of the various duties may vary.

Probate. The executor must probate the Will. Probate is a process by which a Will is admitted. This means that the Will is given legal effect by the court. The courts decision that the Will was validly executed under state law gives the executor the power to perform his or her duties under the provisions of the Will.
An employer identification number (EIN) should be obtained for the estate; this number must be included on all returns and other tax documents having to do with the estate. The executor should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate. This gives the executor the authority to deal with the IRS on the estates behalf.

Pay the Debts. The claims of the estates creditors must be paid. Sometimes a claim must be litigated to determine if it is valid. Any estate administration expenses, such as attorneys, accountants and appraisers fees, must also be paid.

Manage the Estate. The executor takes legal title to the assets in the probate estate. The probate court will sometimes require a public accounting of the estate assets. The assets of the estate must be found and may have to be collected. As part of the asset management function, the executor may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the executor will have to obtain stock power, tax waivers, file affidavits, and so on.

Take Care of Tax Matters. The executor is legally responsible for filing necessary income and estate-tax returns (federal and state) and for paying all death taxes (i.e., estate and inheritance). The executor can, in some cases be held personally liable for unpaid taxes of the estate. Tax returns that will need to be filed can include the estates income tax return (both federal and state), the federal estate-tax return, the state death tax return (estate and/or inheritance), and the deceaseds final income tax return (federal and state). Taxes usually must be paid before other debts. In many instances, federal estate-tax returns are not needed as the size of the estate will be under the amount for which a federal estate-tax return is required.
Often it is necessary to hire an appraiser to value certain assets of the estate, such as a business, pension, or real estate, since estate taxes are based on the fair market value of the assets. After the filing of the returns and payment of taxes, the Internal Revenue Service will generally send some type of estate closing letter accepting the return. Occasionally, the return will be audited.

Distribute the Assets. After all debts and expenses have been paid, the executor will distribute the assets. Frequently, beneficiaries can receive partial distributions of their inheritance without having to wait for the closing of the estate.
Under increasingly complex laws and rulings, particularly with respect to taxes, in larger estates an executor can be in charge for two or three years before the estate administration is completed. If the job is to be done without unnecessary cost and without causing undue hardship and delay for the beneficiaries of the estate, the executor should have an understanding of the many problems involved and an organization created for settling estates. In short, an executor should have experience
At some point in time, you may be asked to serve as the executor of the estate of a relative or friend, or you may ask someone to serve as your executor. An executors job comes with many legal obligations. Under certain circumstances, an executor can even be held personally liable for unpaid estate taxes. Lets review the major duties involved, which weve set out below.

In General. The executors job is to (1) administer the estate--i.e., collect and manage assets, file tax returns and pay taxes and debts--and (2) distribute any assets or make any distributions of bequests, whether personal or charitable in nature, as the deceased directed (under the provisions of the Will). Lets take a look at some of the specific steps involved and what these responsibilities can mean. Chronological order of the various duties may vary.

Probate. The executor must probate the Will. Probate is a process by which a Will is admitted. This means that the Will is given legal effect by the court. The courts decision that the Will was validly executed under state law gives the executor the power to perform his or her duties under the provisions of the Will.
An employer identification number (EIN) should be obtained for the estate; this number must be included on all returns and other tax documents having to do with the estate. The executor should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate. This gives the executor the authority to deal with the IRS on the estates behalf.

Pay the Debts. The claims of the estates creditors must be paid. Sometimes a claim must be litigated to determine if it is valid. Any estate administration expenses, such as attorneys, accountants and appraisers fees, must also be paid.

Manage the Estate. The executor takes legal title to the assets in the probate estate. The probate court will sometimes require a public accounting of the estates assets. The assets of the estate must be found and may have to be collected. As part of the asset management function, the executor may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the executor will have to obtain stock power, tax waivers, file affidavits, and so on.

Take Care of Tax Matters. The executor is legally responsible for filing necessary income and estate-tax returns (federal and state) and for paying all death taxes (i.e., estate and inheritance). The executor can, in some cases be held personally liable for unpaid taxes of the estate. Tax returns that will need to be filed can include the estates income tax return (both federal and state), the federal estate-tax return, the state death tax return (estate and/or inheritance), and the deceaseds final income tax return (federal and state). Taxes usually must be paid before other debts. In many instances, federal estate-tax returns are not needed as the size of the estate will be under the amount for which a federal estate-tax return is required.
Often it is necessary to hire an appraiser to value certain assets of the estate, such as a business, pension, or real estate, since estate taxes are based on the fair market value of the assets. After the filing of the returns and payment of taxes, the Internal Revenue Service will generally send some type of estate closing letter accepting the return. Occasionally, the return will be audited.

Distribute the Assets. After all debts and expenses have been paid, the distribute the assets with extra attention and meticulous bookkeeping by the executor. Frequently, beneficiaries can receive partial distributions of their inheritance without having to wait for the closing of the estate.
Under increasingly complex laws and rulings, particularly with respect to taxes, in larger estates an executor can be in charge for two or three years before the estate administration is completed. If the job is to be done without unnecessary cost and without causing undue hardship and delay for the beneficiaries of the estate, the executor should have an understanding of the many problems involved and an organization created for settling estates. In short, an executor should have experience.

http://www.njlaws.com/Advice-executor.html?id=2801&a=

Wednesday, August 16, 2017

E516 1. Wills, Estate Planning & Probate Seminar Sponsored by M.A.S.H. Mutual Aid Self Help for single adults. May 8 at 7:30pm 2. Recent cases: Municipal Court can stay DL Suspension after DWI if Appeal. 3. DNA on Towel Not Admissible without Proper Foundation and Chain of Custody.

NJ LAWS EMAIL NEWSLETTER E516
Kenneth Vercammen, Attorney at Law

April 26, 2017

Greetings!

In this issue:

1.  Wills, Estate Planning & Probate Seminar Sponsored by M.A.S.H.  Mutual Aid Self Help for single adults. May 8 at 7:30pm    
2.  Recent cases: Municipal Court can stay DL Suspension after DWI if Appeal.  
3.  DNA on Towel Not Admissible without Proper Foundation and Chain of Custody. 
4.  Next Community & Charity Events 
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Tuesday, July 18, 2017


NJ LAWS EMAIL NEWSLETTER E522 Kenneth Vercammen, Attorney at Law 
                                                    July 18, 2017 
Greetings! 

In this issue: 

1. New NJ Estate Tax Law, Wills, & Estate Seminar October 3 at 7pm. Free community program in the Edison Library Main Branch, 340 Plainfield Ave, Edison, NJ 08817

2. Wills and Estate Administration- Protect your family and make planning easy



SPEAKER: Kenneth Vercammen, Esq. Edison, NJ
                    Author- Wills & Estate Administration ABA
       The January 1, 2017 New Estate Tax Law made a number of substantial changes in the administration of estates and trusts in New Jersey. 

Main Topics:
  1. 2017 changes to NJ Estate Tax & changes to taxes on pensions 
  2. 2017 changes in Federal Estate and Gift Tax
  3. The New Probate Law and preparation of Wills 
  4. Power of the Attorney 
  5. Living Will 
  6. Administering the Estate/ Probate/ Surrogate 

               You do not need to be an Edison resident to attend. 
               COMPLIMENTARY MATERIAL: Brochures on Wills, Probate 
               and Administration of an Estate Sales for Seniors, and Trusts. 

               For information call 732-287-2298 x 228
               To register go to http://www.edisonpubliclibrary.net/index-ek.shtmlFacebook 

E521 1. Annual Happy Hour & Networking Social 2. Recent cases: Restraining Order TRO vacated where defendant not served. 3. Live witness not mandatory at detention hearing. 4. Fun Upcoming Running Races & events selected by Kenneth Vercammen If you are attending any of these charity races.

NJ LAWS EMAIL NEWSLETTER E521
Kenneth Vercammen, Attorney at Law
Greetings!
In this issue:
1. Annual Happy Hour & Networking Social July 14, 2017   All Friends, past clients, Attorneys, NJ Bar Members, Staff, Professionals, Law Enforcement invited to Happy Hour & Networking Social at Bar Anticipation   

2. Recent cases: Restraining Order TRO vacated where defendant not served.
A.M.C. VS. P.B. 447 NJ Super. 402 (App. Div. 2016) 

3. Live witness not mandatory at detention hearing. State v Ingram 449 NJ Super. 94 (App. Div. 2016) 

4. Fun Upcoming Running Races & events selected by Kenneth Vercammen If you are attending any of these charity races. 
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1.  Annual Happy Hour & Networking Social July 14, 2017 
All Friends, past clients, Attorneys, NJ Bar Members, Staff, Professionals, Law Enforcement invited to Happy Hour & Networking Social at Bar Anticipation  703 16th Ave. Lake Como/ Belmar, NJ 07719
Free !    
5:30-7:55PM Hot & Cold Buffet
   The reduced price Happy Hour is 6-7PM with $2.00 House Drink, Bud/BudLt draft & House Wine Special.
      Outdoor bands, prize giveaways. Bring your friends. Pass this along. Please bring a canned food donation for the St. Matthews St. Vincent DePaul food bank, continuing to provide food and help to individuals in need. 4 blocks from Belmar Train Station and 6 blocks from the ocean.
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com

Happy Hour Party Bar Anticipation
We need a couple of volunteers for a short period of time.
- 1 Volunteer: Hang up signs and banner
- 1 Volunteer: Help check names off and give out VIP wristbands
- 1 Volunteer: Help give out free stuff to our guests, but stop outsiders from stealing bags and stuff
- 1 Volunteer: Help lug canned food donations for Community Food Bank to car at end of party
- Photographer - ______
If your group, non-profit or organization wishes to co-sponsor the next networking happy hour, please contact
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817  
https://www.facebook.com/events/1579828042310755/
2. Recent cases: Restraining Order TRO vacated where defendant not served. 
A.M.C. VS. P.B. 447 NJ Super. 402 (App. Div. 2016)
      The Family Part found defendant physically assaulted his wife twice over a three-week period. Applying the two-prong analysis in Silver v. Silver, 387 N.J. Super. 112, 125-27 (2006), the judge found an FRO was not necessary to protect plaintiff from future acts or threats of violence. The court held the Family Part failed to adequately consider the inherently violent nature of the predicate acts. Under these circumstances, the need to issue an FRO was "self-evident." Silver, supra, 387 N.J. Super. at 127.
      Defendant, a Newark Police Officer, was not served with the TRO. Notwithstanding defendant's failure to object, N.J.S.A. 2C:25-28l, N.J.S.A. 2C:25-28n, and the Domestic Violence Procedures Manual makes the Judiciary responsible to serve defendant with the TRO. The court held the trial court had an obligation to determine what caused this systemic failure. The court further held the trial court erred as a matter of public policy when it considered the Judiciary's failure to carry out this legal responsibility as a factor in favor of denying plaintiff's application for an FRO. A-4730-14T3
 
3. Live witness not mandatory at detention hearing. State v Ingram 449 NJ Super. 94 (App. Div. 2016) 
        Defendant appealed from an order detaining him pretrial pursuant to the Bail Reform Act (the Act), N.J.S.A. 2A:162-15 to -26. The State presented the complaint-warrant, the affidavit of probable cause, the Preliminary Law Enforcement Incident Report and the Public Safety Assessment to establish probable cause for defendant's arrest and grounds for detention. Collectively, the documents demonstrated that a firearm had been discharged, police officers personally observed defendant in possession of a gun and seized the weapon and spent shell casings. Pretrial Services recommended that defendant be detained, or released with the highest level monitoring, including electronic monitoring.
      Defendant objected, arguing a live witness with knowledge of the incident sufficient to permit meaningful cross-examination was required. The judge overruled the objection, considered the State's proffered evidence and entered the order of detention.
     On appeal, defendant argued that permitting the State to establish probable cause by proffer and without calling a witness violated his due process rights and the Act. The Court disagreed and affirmed the detention order, finding that allowing the State to proceed by proffer did not violate due process or the Act. However, the court noted that at detention hearings under the Act, the judge retains discretion to reject the adequacy of the State's proffer and compel production of a "live" witness. A-1787-16T6
 
4. Fun Upcoming Running Races selected by Kenneth Vercammen If you are attending any of these charity races, please call or email Ken V. at  Kenv@njaws.com 
Often we car pool or meet at these events. 
 
July 15, 2017  Ocean Grove Biathlon 2M run, 300 yd swim Ocean Grove fast short event.  8am  

Jul 15, 2017 North Brunswick Heritage Day 5K Run

July 15, 2017 St. Thomas Aquinas High School 40 year Reunion Class of 1977  (aka Bishop Ahr High School) 7pm- 11pm
Where:  Edison Elks Lodge/ Edison Community Pool 375 Old Post Road
Edison NJ 08817-4653

July 22, 2017 Rooney 1 mile swim 8:30 AM; 1 mi;  ; Sea Bright,

July 22, 2017 SeasIT 5K | Saturday, Allenhurst
Nice scenic and flat run through the neighborhoods of Allenhurst  

July 23, 2017 5k Run / Walk VFW Post 133 East Brunswick, NJ 9AM free burgers, beer food

July 30, 2017 Sun JFK Medical Center Miles for Minds 5K  Roosevelt Park  Edison, NJ Wakefern Shoprite co-sponsor

August 5, 2017 Sea Girt 5k 8:30 am Wakefern Shoprite co-sponsor        

August 12, 2017 Asbury Sheehan 5k Asbury Park, N.J. 8:30am Wakefern Shoprite co-sponsor 
Editorial Assistance provided Natali Taglic who is currently participating in our summer internship progam.  Ms. Taglic will be attending Boston College School of Law beginning September of 2017.
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Editor's Note and Disclaimer:
All materials Copyright 2017. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com