2053 Woodbridge Avenue - Edison, NJ 08817

Friday, October 06, 2017

NJLAWS NEWSLETTER E526

E 526
1. Governor Signs Digital Fiduciary Act
The Governor signed legislation recognizing a fiduciary heir's right to obtain control of a decedent's digital assets.
The legislation was proposed in 2014 by the National Conference of Commissioners on Uniform State Laws. The commission said 23 states already have enacted a version of the legislation, while 18 others are in the process of doing so.
The state Assembly gave final legislative passage to A-3433, known as the Uniform Fiduciary Access to Digital Assets Act, in July. The bill passed both houses of the Legislature without opposition.
"If a custodial party wants to guard their digital assets, they should be able to without regulatory barriers. Digital property such as email accounts, social media accounts and Internet-based currency is just as important as any other asset a person may have," said the lead sponsor, Assembly Majority Leader Louis Greenwald, D-Camden. "This will help individuals protect digital properties as they would their physical assets."
Under the UFADAA, the traditional power of a fiduciary to manage a person's tangible property when that person dies or loses the ability to manage his own property would be extended to include digital assets.
The act defines the term "digital assets" as a person's digital property and electronic communications. Some examples of digital assets are financial accounts, such as online bank accounts; email accounts and social media accounts; computer files; web domains; and virtual currency.
The UFADAA allows fiduciaries to manage digital property but restricts a fiduciary's access to electronic communications such as email, text messages and social media accounts unless the original user consented to such access in a will, trust, power of attorney or other record, the sponsors said.
     The act covers four types of fiduciaries: Executors or administrators of deceased persons' estates, court-appointed guardians of incapacitated persons, agents appointed under powers of attorney, and trustees.
The bill does not apply to digital assets of an employer used by an employee.
Also under the UFADAA, fiduciaries for digital assets are subject to the same fiduciary duties that normally apply to tangible assets. For example, an executor would not be authorized to publish the decedent's confidential communications or impersonate the decedent by sending email from the decedent's account.
The sponsors noted that a fiduciary's management of digital assets may also be governed by other law. For example, a fiduciary may not copy or distribute digital files in violation of copyright law, and may not exceed the user's authority under the account's terms of service.
To gain access to digital assets, a fiduciary will be required to send a request to the custodian, with a copy of the document granting fiduciary authority, such as a letter of appointment, court order or certification of trust.
    •           
http://www.njlawjournal.com/id=1202797922811

      This law, as amended, would enact the “Uniform Fiduciary Access to Digital Assets Act” (UFADAA). The model act was promulgated by the Uniform Law Commission in 2014 and revised by the commission in 2015.
      Under the law, the traditional power of a fiduciary to manage a person’s tangible property when that person dies or loses the ability to manage his own property would be extended to allow the fiduciary to manage digital assets.  The law defines the term “digital assets” to mean a person’s digital property and electronic communications.  The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.
      The law allows fiduciaries to manage digital property, such as computer files, web domains, and virtual currency, but restricts a fiduciary’s access to electronic communications such as email, text messages, and social media accounts unless the original user (i.e., accountholder) consented in a will, trust, power of attorney, or other record.
      The law encompasses four types of fiduciaries: (1) executors or administrators of deceased persons’ estates; (2) court-appointed guardians of incapacitated persons; (3) agents appointed under powers of attorney; and (4) trustees.
      The law would not apply to digital assets of an employer used by an employee during the ordinary course of business.   
      The law distinguishes between a “catalogue of electronic communications” (information that identifies each person with which a user has had an electronic communication, and the time and date of that communication) and the “content of an electronic communication” (information concerning the substance or meaning of the communication).  The law provides that generally a fiduciary would have access to a catalogue of the user’s communications, but not the content, unless the user consented to the disclosure of the content.
      Under the law, a “custodian” is a person or entity that carries, maintains, processes, receives, or stores digital assets.  The law provides that if a custodian provides an “online tool,” separate from the general terms of service, that allows the user to name another person to have access to the user’s digital assets or to direct the custodian to delete the user’s digital assets, the user’s online instructions would be enforceable.
      If the custodian does not provide an online tool or if the user declines to use the online tool provided, the user may give directions for the disposition of digital assets in a will, trust, power of attorney, or other written record.
      If the user has not provided any direction, either online or in an estate plan, the terms of service for the user’s account would determine whether a fiduciary may access the user’s digital assets. If the terms of service do not address fiduciary access, the default rules presented in the law would apply.
      Under the law, fiduciaries for digital assets would be subject to the same fiduciary duties that normally apply to tangible assets.  Thus, for example, an executor would not be authorized to publish the decedent’s confidential communications or impersonate the decedent by sending email from the decedent’s account. A fiduciary’s management of digital assets may also be limited by other law.  For example, a fiduciary may not copy or distribute digital files in violation of copyright law, and may not exceed the user’s authority under the account’s terms of service.
      In order to gain access to digital assets, a fiduciary would be required to send a request to the custodian, accompanied by a copy of the document granting fiduciary authority, such as a letter of appointment, court order, or certification of trust.
     

2. Fun Upcoming Running Races & Charity events selected by Kenneth Vercammen
10/3/17 Edison Library Will Seminar

10/ 7/17 Metuchen Fair [not a race] 1pm, then stop over Hailey’s Harp
10/7  Keyport Screamin Country Jamboree- Spider Daniels Band 3:15
10/8 Rook Run Long Branch 10am $$
10/8 NJ VETFEST MUSIC FESTIVAL 4:30PM – Little Jimmy & the Starlites – Classic Oldies, Soul, and MOTOWN
5:45PM – Round Trip – Classic Rock from 60s, 70s & 80s
7PM – World Within – A tribute to The Grateful Dead and The Band
Marlboro Municipal Complex
1979 Township Drive
Marlboro, NJ 07746
Oct 9 at 7 PM South Brunswick Library Wills, Estate Planning & Probate Seminar Mon open to the public

October 12, 2017 Piscataway Library Kennedy Branch
Wills & Power of Attorney Seminar  at 7pm
500 Hoes Lane Piscataway NJ 08854
Piscataway J.F. Kennedy Memorial Library
     Open to the public. You do not need to be a township resident

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.

10/ 15/17  Race Against Hunger 5k Roosevelt Park 9am
10/ 15     East Brunswick 5k & 10k   10am RVRR new start EB Community Arts Center 721 Cranbury Rd. in East Brunswick) well run event www.ebrr.org, post race we go to Lori’s Lakeside on Farrington Lake, North Brunswick
3. Recent cases
GPS tracking device by police not barred
State v McDuffie
The court examined defendants' attack on the State's exercised privilege, refraining from disclosing information regarding details related to a global positioning system (GPS) tracking device used to prove their involvement in two burglaries. The court rejected defendants' constitutional attacks and upheld the privilege granted by N.J.R.E. 516 and N.J.S.A. 2A:84A-28, defining the guidelines reviewed when weighing disclosure in light of the asserted privilege. These include: (1) whether defendant demonstrates a particularized need for disclosure related to advance a stated defense; (2) whether the opportunity to cross-examine the officer, asserting non-disclosure based on privilege, satisfies a defendant's need to challenge the credibility of the testifying witness; (3) whether law enforcement provided required corroborating evidence extrinsic to the GPS, to protect a defendant's rights of confrontation and fair trial; and (4) whether a defendant has the opportunity to provide expert testimony to attack the evidence without disclosure of the requested information. Docket A-3634-14T3

4 State v Tringali
The State alleged that, acting in Florida, defendant paid an accomplice to launch spam attacks on a website that was integral to a New Jersey internet-based business, for the purpose of harming the business owner. The Appellate Division reversed an order dismissing the indictment charging defendant with the offenses of disrupting or impairing computer services, N.J.S.A. 2C:20-25(b), and impersonating another for the purpose of obtaining a benefit or depriving another of a benefit, N.J.S.A. 2C:21-17(a)(1). As to both offenses, the harmful result to the victim is an "element" of the offense, within the meaning of the territorial jurisdiction statute, N.J.S.A. 2C:1-3(a)(1) and -3(g). Because the prosecutor produced some evidence that the New Jersey victims suffered harm in this State, which was an element of each computer crime statute, New Jersey has territorial jurisdiction to prosecute defendant for those offenses. Therefore, the trial court erred in dismissing those counts of the indictment for lack of territorial jurisdiction. A-1262-15T1

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.  

Like Us On: Facebook
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 
_____________________________________


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