2053 Woodbridge Avenue - Edison, NJ 08817

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 
_____________________________________


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. 
______________________________________________________________

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.
-----------------------------------------------------------------------------------------
Like Us On: Facebook

Endorse Us On: Linkedin  
https://www.linkedin.com/in/kennethvercammen
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

E520 1. Annual Happy Hour & Networking Social July 14, 2017 All Friends, past clients, Attorneys, Staff, Professionals, Law Enforcement invited to Happy Hour & Networking Social at Bar Anticipation 2. Recent cases: Limited warrantless search for credentials ok here. 3. Letter by defendant admitting culpability admitted. 4. Fun Upcoming Running Races selected by Kenneth Vercammen. 5. St. Thomas Aquinas High School 40 year Reunion Class of 1977 (aka Bishop Ahr High School)

NJ LAWS EMAIL NEWSLETTER E520
Kenneth Vercammen, Attorney at Law
Greetings!
In this issue:

1. Annual Happy Hour & Networking Social July 14, 2017   All Friends, past clients, Attorneys, Staff, Professionals, Law Enforcement invited to Happy Hour & Networking Social at Bar Anticipation   
2. Recent cases: Limited warrantless search for credentials ok here. 
3. Letter by defendant admitting culpability admitted.   
4.  Fun Upcoming Running Races selected by Kenneth Vercammen.  
5.  St. Thomas Aquinas High School 40 year Reunion Class of 1977  (aka Bishop Ahr High School)  
______________________________________________________________
Recent cases
1. Annual Happy Hour & Networking Social July 14, 2017 
All Friends, past clients, Attorneys, 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 $1.50 House Drinks, Bud/BudLt draft & House Wine Specials.
      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
   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: Limited warrantless search for credentials ok here
State v Hamlett 449 NJ Super. 159 (App. Div. 2017)
     The court held that, with respect to a separate warrantless search of the center console of a rental vehicle defendant was driving, the police were authorized to conduct a limited search for credentials after defendant was unable to produce his driver's license or the vehicle's registration, insurance card, and rental agreement.
    Defendant challenged the seizure of drugs and a handgun from his Galloway Township motel room pursuant to a search warrant based on probable cause issued by an Atlantic City Municipal Court judge. The court held that although the search warrant application failed to comport with the procedures promulgated for the cross-assignment of municipal court judges pursuant to State v. Broom-Smith, 201 N.J. 229 (2010), defendant's constitutional rights were not violated by the procedural deficiency and therefore suppression of the contraband found in defendant's motel room is not warranted.
 A-4399-14T2
3. Letter by defendant admitting culpability admitted. State v Marroccelli 448 NJ Super. 349 (App. Div. 2017)

     In this appeal from her conviction for vehicular homicide, defendant argued that the trial judge erred in excluding a letter she alleged her husband wrote in which he accepted responsibility, six months after the fact, for driving the car at the time of the accident that caused the victim's death. The court concluded that defendant presented a prima facie showing of authenticity based upon her testimony at a Rule 104 hearing that she observed her husband as he wrote and signed the note. Therefore, the court held that the judge should have admitted the note into evidence and given the jury the opportunity to subject it and defendant's testimony to more intense review. The court also concluded that the trial judge erred in barring defendant from introducing evidence of her driving habits in support of her contention that she was not driving on the night of the accident. A-5386-13T3 
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 6, 2017  Woodbridge 4-mile   7pm  free pizza, Sewaren music co-sponsored by Wakefern Shoprite   FB

July 8, 2017  Belmar Five Mile Run 5 mile, 8:30am Belmar NJ  Ken V is again setting up 5 teams to run. We need 20 runners who can break 50 minutes for 5 mile. Free food at Bar Anticipation after race and reduced price beer. Contact Ken to join our teams- "Legends of Belmar, US Olympic Development, RVRR Beer Mile Champs, etc - benefiting Goodwill Hose Volunteer Fire Co    

July 9, 2017 War at Shore Long Branch Triathlon Sunday 6:50   www.splitsecondracing.net/
July 15, 2017    Ocean Grove Biathlon 2M run, 300 yd swim Ocean Grove fast short event.  8am  
5.   St. Thomas Aquinas High School 40 year Reunion Class of 1977  (aka Bishop Ahr High School) 
   Sat. July 15, 2017 
7pm- 11pm
Where:  Edison Elks Lodge/ Edison Community Pool 375 Old Post Road
Edison NJ 08817-4653
  Please pass this along to any St. Thomas grads.
         Includes- Steak, Tap beverage, baked potato, corn on the cob, dessert.
Music by Stevie Marshall Band & Dancing.    
  Cash bar for wine/ mixed drinks. Bring your own snacks or veggie food. Held in conjunction with the Edison Elks Family Pool Night- Rain or shine
Cost:  $30.00 Ticket must be purchased prior to July 12. Make checks payable to Edison Elks.
 Mail to KENNETH VERCAMMEN, Esq
Att: 40th Reunion at Edison Elks
2053 Woodbridge Ave.
Edison, NJ 08817
    Include a stamped, self- addressed envelope.  Tickets will be mailed back on July 5. 
Tickets also available to be purchased directly at the Edison Elks Lodge, 375 Old Post Rd., Edison 732-985-2487
      Tickets at the door will be an additional $10.00 [$40.00] and you will only get a burger, not a steak.  No children permitted by state law since alcohol served. Outdoor Casual dress plus pool open. We had the same event for our 25th reunion with an outdoor party at the Elks and 80 persons attended.
This 40 year Reunion was posted in 2016 on Facebook STA 1977
https://www.facebook.com/groups/sta77/
      Everyone from the class of 77 should join this Facebook closed group.
 We also created Facebook event page for the public
Please help!. We need some assistance with publicity and day of event and night of event, including greeters at the door. [Not heavy lifting].       
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.
-----------------------------------------------------------------------------------------
Like Us On: Facebook

Endorse Us On: Linkedin  
https://www.linkedin.com/in/kennethvercammen
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

Wednesday, June 14, 2017

E519 1. Defendant's furtive movement after car stop justified removal of passenger. State v. Bacome __ NJ __ (2017) 2. Plain feel search not permitted with strip search for DP. State v Evans __ NJ Super. __ (App. Div. 2017). 3. Fun Upcoming Charity events and Running Races Selected by Kenneth Vercammen.

NJ LAWS EMAIL NEWSLETTER E519
Kenneth Vercammen, Attorney at Law
June 7, 2017

Greetings!
In this issue:

1. Defendant's furtive movement after car stop justified removal of passenger. State v. Bacome __ NJ __ (2017)
2. Plain feel search not permitted with strip search for DP. State v Evans  __ NJ Super. __ (App. Div. 2017).
3. Fun Upcoming Charity events and Running Races Selected by Kenneth Vercammen.
______________________________________________________________

Recent cases
1. Defendant's furtive movement after car stop justified removal of passenger.  State v. Bacome __ NJ __ (2017).

     The heightened-caution standard announced in Smith, supra, 134 N.J. at 618-20, remains the proper test for determining the appropriateness of ordering a passenger from a car. Under the Smith test, defendant's furtive movements inside a recently stopped vehicle provided an objectively reasonable basis for officers' exercising heightened caution, justifying removal of the passenger. (A-9-15)
2. Plain feel search not permitted with strip search for DP. State v Evans __ NJ Super. __ (App. Div. 2017).

    In this appeal, the court considered the application of the "plain feel" exception to the warrant requirement, Minnesota v. Dickerson, 508 U.S. 366, 113 S. Ct. 2130, 124 L. Ed. 2d 334 (1993); State v. Jackson, 276 N.J. Super. 626, 628 (App. Div. 1994), to a strip search that was conducted after defendant was arrested on a warrant for failing to pay a $6.50 traffic fine. In the absence of a warrant or consent, N.J.S.A. 2A:161A-1 prohibits a strip search of a person "detained or arrested for commission of an offense other than a crime" unless the search is based on probable cause and "a recognized exception to the warrant requirement." N.J.S.A. 2A:161A-1.
Guidelines issued by the Attorney General's Office set forth even more exacting criteria to be satisfied before a strip search is conducted. The court concluded the plain feel exception did not apply and, further, that the seizure of drugs from defendant's person was not objectively reasonable. The court-reversed defendant's convictions and remand for a hearing to determine whether the search of an automobile pursuant to a search warrant was sufficiently free of taint from the unlawful search and seizure. A-0489-14T1
3. Fun Upcoming Charity events and Running Races Selected by Kenneth Vercammen.
Edison Elks Family Pool day and outdoor band 6/10/17
Open to area Elks. For tickets go to the lodge Edison Elks Lodge #2487. 
If not an Elk, join now.
375 Old Post Road
Edison NJ 08817-4653
(732) 985-2487
near ShopRite and Edison HS.
June 11 New Jersey Irish Festival 2017 Monmouth Park
June 14 Learning at Lunchtime update 2017 Wills and Estate Planning- Free Seminar
Wednesday
12:15-1:00 PM Law Office of Kenneth Vercammen,
2053 Woodbridge Ave, Edison, NJ 08817
    COST: Free if you pre-register by email. Complimentary materials provided at 12:00 sharp. We previously held this seminar for the Metuchen and Edison Library. This program is limited to 15 people. Please bring a canned food donation, which will be given to St. Matthews St. Vincent DePaul Food Bank. Please email us if you plan on attending
July 14, 2017  Annual Happy Hour & Networking Social
Attorneys, 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 $1.50 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
   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  
732-572-0500
 Fun Upcoming Running Races selected by Kenneth Vercammen If you are attending any of these charity races, please call or email Ken V. atKenv@njaws.com Often we car pool or meet at these events.  

June 10  Pancreatic Cancer 5k Run for a Cure, 8am, Roosevelt Park, Edison, 

June 11 The Tour de South Brunswick Bike Ride features 3 levels of participation: a 4-mile family fun ride, a 10 mile fun ride, and the 25 mile Tour de South Brunswick.
June 13  Tuesday night Raritan Valley Road Runners RVRR 5k summer series Highland Park Donaldson Park  7pm 

June 18 Congratulations to long time office paralegal/ office manager Mike McDonald & Tonianne Dougherty getting married   Sunday

June  18  Fuce 5K 8:30 Metuchen HS no awards but good cause

June 18      Happy Father's Day and special Happy Father's Dad to my Dad, Al Vercammen, veteran of Korean War, past president Metuchen First Aid, and a volunteer leader of the YMCA Indian Guides. As a kid one of my highlights was to sit in the Metuchen First Aid ambulance and hit the siren as we rode in the Metuchen Memorial Day parade. Dad was selected as Man of the Year by the Metuchen Jaycees for his volunteer work.

   Dad and mom traveled to Scranton while I was in college to see Mike Brennan and I win a race for the University of Scranton Varsity Cross-Country team. We enjoy spending time every Wildwood Elks Convention, 4th of July and Labor Day at the Poconos, plus their Active Adult Community Pool in Jackson on Father's Day.
June 19 PRESIDENT'S CUP NIGHT RACE 5K, 8pm, Charlie Browns, Millburn Free beer, big post race party    Ken V needs a ride from Edison or East Brunswick or South Brunswick Presidents Cup 5k, coed team event.      
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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

E518 1. Memorial Day 2. School Zone map not admissible if not properly authenticated. 3. No warrantless entry of homes. 4. Fun Upcoming Charity events and Running Races Selected by Kenneth Vercammen.

NJ LAWS EMAIL NEWSLETTER E518
Kenneth Vercammen, Attorney at Law
May 24, 2017

Greetings!
In this issue:

1.  Memorial Day
2.  School Zone map not admissible if not properly authenticated. 
3. No warrantless entry of homes. 
4. Fun Upcoming Charity events and Running Races Selected by Kenneth Vercammen.
______________________________________________________________

1.  Memorial Day
    
       Memorial Day is a federal holiday in the United States for remembering the people who died while serving in the country's armed forces  The holiday, which is currently observed every year on the last Monday of May, originated as Decoration Day after the American Civil War in 1868, when the Grand Army of the Republic, an organization of Union veterans founded in Decatur, Illinois, established it as a time for the nation to decorate the graves of the Union war dead with flowers.

        Many people visit cemeteries and memorials, particularly to honor those who have died in military service. Many volunteers place an American flag on each grave in national cemeteries.
        Memorial Day is not to be confused with Veterans Day; Memorial Day is a day of remembering the men and women who died while serving, while Veterans Day celebrates the service of all U.S. military veterans.[6]
       Memorial Day is a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms. Businesses closed for the day. Towns hold parades honoring the fallen, the parade routes often times ending at a local cemetery, where Memorial Day speeches were given and prayers offered up. People took the time that day to clean and decorate with flowers and flags the graves of those that fell in service to their country.
We need to remember with sincere respect those who paid the price for our freedoms; we need to keep in sacred remembrance those who died serving their country. We need to never let them be forgotten.  

      On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay.
VFW  Memorial Day address: http://www.usmemorialday.org/backgrnd.html
Recent cases
2.  School Zone map not admissible if not properly authenticated. State v. Wilson __ NJ __  (2017).
      The map commissioned and adopted by the Board pursuant to N.J.S.A. 2C:35-7.1(e) is nontestimonial and its admission therefore did not violate Wilson's confrontation rights. Further, such maps are admissible, if properly authenticated, under N.J.S.A. 2C:35-7.1(e) and as public records pursuant to N.J.R.E. 803(c)(8). Because the map was not properly authenticated, however, the Court is constrained to reverse the Appellate Division's judgment that the map was properly admitted into evidence at trial and to remand the matter for a new trial on the count of defendant's conviction that depended on the map. (A-42-15)
3. No warrantless entry of homes. State v. Legette __ NJ __  (2017).
      Chrisman and Bruzzese do not support warrantless entries into detainees' homes; they apply only to cases in which a suspect has been arrested prior to the officer's entry into the home. Here, because the State failed to meet its burden of demonstrating that the warrantless entry fell within a recognized exception to the warrant requirement, the entry was illegal and the evidence obtained as a result of that entry should have been suppressed. (A-12-16)
4. Fun Upcoming Charity events and Running Races Selected by Kenneth Vercammen.
         If you are attending any of these charity events, please call or email Ken V. at Kenv@njaws.com. Often we car pool or meet at these events. I update this list at:http://vercammensport.blogspot.com/ 

May 26 "Legends of Belmar" Friday night of Memorial Day - "Start of Summer Happy Hour with the Legends of Belmar"  Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at D'Jais 5:30 free food Ocean Ave. Belmar, 7:30 Bar Anticipation 16th Ave not a race, just social event The greats of Belmar beach volleyball, friends of Holme band and the beach start Memorial Day at D'Jais & Bar A. Give out American Flag stickers to lucky customers to show your support for USA and those who served. Marty P, John C. Jim W, Chris K, maybe even Daniel-son.

May 27  Spring Lake Five Mile  Run    Saturday    8:30am then free food at Bar A.
May 28  Navesink 1.2 mile swim   8:15 AM
May 28   Edison Memorial Day Parade The 2017 parade will be in the Clara Barton section beginning on Walsh Avenue. Start is 2pm Sunday.  The Edison Elks and float will be participating. The parade will traveling up AMBOY AVENUE to Brower Avenue and concluding at the American Legion Clara Barton 324. Ken V will be marching with Edison Elks
May 29 North Brunswick 5k   North Brunswick Community Park Route 130 South
May 29 Monday Metuchen Memorial Day Parade & Parade Begins at 10:00 AM
June 11 New Jersey Irish Festival 2017
July 14 Annual Happy Hour & Networking Social
Attorneys, 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 $1.50 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
   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  
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Like Us On: Facebook

Endorse Us On: Linkedin  
https://www.linkedin.com/in/kennethvercammen
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