In this issue:
1 Recent cases: Defendant Can Select Its Own Attorney
2. If Drugs Acquired Jointly, No Distribution Crime.
3. Pre Trial Intervention Rejection Appeal Must be Completed Before Guilty Plea.
4. Holiday Gift Idea! ........Gift Certificates for Wills or Power of Attorney
5. Web Photo: Beverly Hills Author Jay Foonberg
6. Needed: Outdoor Nativity Scene
7. Apartment for Rent Edison
8. HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE
9. Holly Jolly Christmas lyrics
1 Recent cases: Defendant Can Select Its Own Attorney.
1 Recent cases: Defendant Can Select Its Own Attorney. U.S. v. Gonzalez-Lopez 126 S.Ct. 2557 (2006)
A trial court's erroneous deprivation of a criminal defendant's choice of counsel entitles him to reversal of his conviction.
Source: 185 N.J.L.J. 53
2. If Drugs Acquired Jointly, No Distribution Crime. State v. Morrison 188 NJ 2 (2006) Because defendant and the decedent simultaneously and jointly acquired possession of the drugs for their own use, intending only to share it together, defendant cannot be charged with the crime of distribution.
Source: 185 N.J.L.J. 451
3. Pre Trial Intervention Rejection Appeal Must be Completed Before Guilty Plea. State v. Moraes Pena 386 NJ Super. 569 (Law Div. 2006) An appeal to the Law Division from the rejection of a defendant's application for pretrial intervention should be completed before the defendant enters a guilty plea. In this case in which the defendant pleaded guilty to assault by auto while intoxicated, there was no "patent and gross abuse of discretion" by the prosecutor in denying PTI based on a county-wide policy of discouraging drunk driving. Source: Facts-on-Call Order No. 93120
4. Holiday Gift Idea! ........Gift Certificates for Wills or Power of Attorney
During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift which truly shows how much you care. Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done.
The Law Office of Kenneth Vercammen's Holiday special includes:
•A Simple Will without Trust
• Follow up legal advice
•A 2 year subscription to the NJ Laws Email News
- All for only $200.00! -
Call 732-572-0500 for the Gift Certificate
Details on Wills: http://www.njlaws.com/wills.htm
Power of Attorney http://www.njlaws.com/power_of_attorney.htm
Details on Wills:
5. Web Photo: Beverly Hills Author Jay Foonberg
Beverly Hills Author Jay Foonberg Ken Vercammen were speakers at the American Bar Association Annual Meeting program entitled: Elder Law Practice- New Ethical Ideas to Improve Your Practice by Giving Clients What They Want and Need, plus Marketing and Expanding an Elder Law Practice
Details from topics at program: ANSWERS TO YOUR QUESTIONS ABOUT PROBATE AND ADMINISTRATION OF AN ESTATE http://www.njlaws.com/answers_to_probate.htm
Author Jay Foonberg
6. Needed: Outdoor Nativity Scene
A nativity scene, also called a crib or crèche (meaning "crib" or "manger" in French) generally refers to any depiction of the birth or birthplace of Jesus. The local Knight of Columbus members are looking for used outdoor nativity scenes no longer being used or displayed, to give them a new home.
Christian Nativity scenes three (sculpture or other three-dimensional crafts), usually show Jesus in a manger, Joseph and Mary in a barn (or cave) intended to accommodate farm animals. A donkey and an ox accompany them; besides the necessity of animals for a manager, this is an allusion to Isaiah: "the ox knoweth his owner, and the ass his master's crib; but Israel doth not know, my people doth not consider" (Is. 1:3). The scene sometimes includes the Magi or Three Wise Men, shepherds, angels and the Star of Bethlehem. The traditional scenes that show the shepherds and Magi together are of course not true to the Bible story, since the Magi arrived much later (Luke 2:7-16).
http://en.wikipedia.org/wiki/Nativity_scene
If you have an unused Nativity scene, call Ken Vercammen at 732-572-0500
7. Apartment for Rent Edison
- 1 Bedroom, 2nd floor, all utilities included. private parking $950 month Call 732-309-3730
8. HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
FROHE
WEIHNACHTEN
PRÓSPERO AÑO NUEVO
HAPPY NEW YEAR
FRIEDEN
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE
KERSTDAGEN
GELUKKIG
NIEUWJAAR
BUON
NATALE
BONNIE ANNEE
HYVÄÄ JOULUA
___________________________
9. Holly Jolly Christmas lyrics
Have a holly, jolly Christmas,
It's the best time of the year
I don't know if there'll be snow,
But have a cup of cheer.
Have a holly, jolly Christmas,
And when you walk down the street,
Say "Hello" to friends you know
And everyone you meet.
Oh, Ho, the mistletoe,
Hung where you can see,
Somebody waits for you,
Kiss her once for me.
Have a holly, jolly Christmas,
And in case you didn't hear,
Oh by golly, have a holly,
Jolly Christmas this year.
by Johnny Marks
_____________________________
New- Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. 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
------------------------------------------------------------------------
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
Phone: 732-572-0500
Fax: 732-572-0030
Web site: http://www.njlaws.com
E-mail: kenvnjlaws@verizon.net
Friday, December 08, 2006
NJ Laws Newsletter E229 November 28, 2006
In this issue:
1 Recent cases: Threat to Bring in Drug Dog Does Not Invalidate Consent Search
2 911 Call Sometimes Admissible at Trial and Not Hearsay
3. "CONFIDENTIAL WILL QUESTIONNAIRE"
4. Fun, festive upcoming races with party afterwards.
_________________
1 Recent cases: Threat to Bring in Drug Dog Does Not Invalidate Consent Search. State v. Elders 386 NJ Super. 208 (App. Div. 2006)
Although State v. Carty requires a law enforcement officer to have a reasonable suspicion as a prerequisite to seeking consent to search a vehicle -- whether the officer initiated the stop or the driver stopped for other reasons -- the trial court in this case erred by suppressing evidence seized from a disabled vehicle and from several defendants because, under the totality of the circumstances, the State Troopers had reasonable suspicion to justify their request for consent to search the disabled vehicle.
Source: Facts-on-Call Order No. 93059
2 911 Call Sometimes Admissible at Trial and Not Hearsay. Davis v. Washington 126 S. Ct. 2266 (2006)
For Confrontation Clause purposes, witness statements are nontestimonial when the primary purpose of the interrogation in which they are made is to enable police assistance to meet an ongoing emergency; they are testimonial when the primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution. However, if witness is in safe environment, this is testimonial and not excited utterance. Therefore, witness testimony is required. Source: 184 N.J.L.J. 1173
_________
3. "CONFIDENTIAL WILL QUESTIONNAIRE"
Many Americans spend more time planning their next vacation than planning their entire future. Prepare for the legal issues that may arise for you and your family in your senior years or in death.
To have a Will or Power of Attorney prepared, please fill out the following information completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to meeting with the attorney. Fees for preparation of Wills, Durable Power of Attorney and Living Will are discussed with clients at initial consult.
Please be sure to check all appropriate boxes. If "NONE", please state "NONE". If "NOT APPLICABLE", please state "N/A".
PLEASE PRINT CLEARLY
1. Your Full Name:
______________________________________________________
First Last
2. IF MARRIED OR SEPARATED, complete (a) and (b) below:
(a) Spouse's Full Name:
______________________________________________________
First Last
3. Your Street Address: ____________________________________
City ____________________ State ____ Zip Code ______________
4. Telephone Numbers:
Cell: _____________________________________ ________________________
Day: ____________________/Night: ________________________
5. E-mail address: _______________________________________
6. Referred By: _________________________ 7. Today's Date ____________
If referred by a person, is this a client or attorney? __________________________________
We recommend a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo; Karen Quinlan? Yes ________ No _____
We recommend a Durable Power of Attorney in the event of your physical or mental disability to help you with financial affairs? Yes ________ No ________
How can we help you? What are your questions/other important info?
______________________________________________________________
_______________________________________________________________
_______________________________________________________________
[It is required by New Jersey Court Rules that all pages be filled out in person's own handwriting prior to seeing the attorney]
8. Your Sex: [ ] Male [ ] Female
9. Your Marital Status: [ ] Single [ ] Married [ ] Separated [ ] Divorced [ ] Widowed
10. Your Date of Birth: ___________________ SS # __________________
Month Day Year
11. Spouse Date of Birth: _________________ SS # __________________
Month Day Year
12. If you are the parent or legal guardian of a minor child or minor children, please check here. [ ]
2. ESTATE EXECUTOR
The person charged with administering/Probating your estate, paying taxes and/or other debts, preserving, managing, and distributing estate assets and property is called an Executor. This person should be one in whom you have trust and confidence. Your SPOUSE is usually named as primary Executor, followed by the child who lives closest to you.
Please provide the following information about the person you wish to name to serve in this capacity.
1. PRIMARY Choice of Executor/Personal Representative:
Name: _______________________ _______________________
First Last
Relationship: _______________ Address: ____________________
2. SECOND Choice of Executor:
This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death, or is unable to serve.
Full Name: ___________________________ _________________
First Last
Relationship: _______________ Address: ____________________
The two proposed Executors must be filled out prior to meeting the attorney.
Asset Information- Must Be Completed - If none, write “none”
House/Real Estate Address _______________________________
Estimate Total Real Estate Value: _____________ Approx mortgage _______
Bank Accounts, Stocks, CDs and Assets: ________________________
Approximate Amount _____________________________
Beneficiaries of Bank Accounts (if none write "none") ______________________________
Other Major Assets (if none, write "none"): _______________________________________
Approximate Life Insurance: _____ Beneficiary ____________________
In the Will- Who do you want to get your assets:
Beneficiary (1) _______________________ Relationship _______________
Beneficiary (2) _______________________ Relationship _______________
Beneficiary (3) _______________________ Relationship _______________
[It is required by New Jersey Court Rules that assets and beneficiaries be filled out prior to seeing the attorney]
Any Specific Bequests of Money and Property:
________________________________________________________
______________________________________________________________
[ ] A. MARRIED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN).
Generally most married people provide that, upon their death, property will be distributed as follows:
1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse.
2. If your spouse predeceases you, then your estate will be divided in equal shares among all of your living children, If any child shall predecease you, then that child's share to their children (grandchildren).
Names of Children: _________________ Age: ______
______________________________ Age: ______
______________________________ Age: ______
LIST THE NAMES AND AGES OF ALL CHILDREN EVEN IF THEY ARE OLDER THAN EIGHTEEN. IF NO CHILDREN, WRITE NONE.
III. GUARDIAN(S) OF MINOR CHILD(REN)
[Skip this section if you have NO minor children and DO NOT want a trust. There are substantial additional fees for preparation of a Trust]
The surviving parent of a minor child is ordinarily entitled to be the GUARDIAN of that child. In the case of simultaneous death of you and your spouse, or if you are a single parent, you should appoint a Guardian for your minor child. It is advisable, prior to the completion of this Questionnaire, to make sure that your proposed Guardian(s) is (are) willing to serve as Guardian(s). In addition, the Guardian will also hold the monies for the minor children UNLESS you direct us otherwise. In your Will you can have any adult serve as Trustee of monies for minor children.
Provide the following information about the person(s) you select to be Guardian(s)/Trustee(s). In the event my spouse predeceases me, I name as GUARDIAN(S)/ TRUSTEE(S):
1. PRIMARY Choice of GUARDIAN / TRUSTEE:
Full Name: _______________________________________
Relationship: ______________________________________
2. SECOND Choice of GUARDIAN / TRUSTEE:
Full Name: _______________________________________
Relationship: _____________________________________
Are there any beneficiaries with special needs, or receiving SSI or SDD? Please answer in detail
________________________________________
[ ] B. MARRIED PERSONS WITH NO CHILD(REN) OR GRANDCHILD(REN).
Generally most married people with no child(ren) or grandchild(ren) provide that upon their death their property will be distributed as follows:
1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse, but
2. If your spouse predeceases you, then your estate will be distributed to your living parent, or equally to your living parents.
3. But should both of your parents predecease you, then your estate will distributed equally to your brothers and sisters or equally to the children of a predeceased brother or sister.
Please check B above only if you wish your property distributed precisely and exactly as indicated in section B, 1 through 3, above.
Additional information on Wills, Probate and Elder Law available at www.njlaws.com
[ ] C. DIVORCED OR WIDOWED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN). Generally, most divorced or widowed persons with child(ren) or grandchild(ren) provide that upon their death property will be distributed as follows: 1. Your estate (all property and assets not owned jointly with another person) will be distributed in equal shares to all of your living child(ren).
2. But if one or more of your children predeceases you, that deceased child's share will be distributed to his or her child(ren), your grandchild(ren) in equal shares
[ ] D. ALTERNATE PLAN OF DISTRIBUTION - You may list specific gifts to individuals and/or divide your estate among several individuals by listing percentages to each, making sure that the percentages total 100%. You may add additional sheets if necessary or use the back of this form. There are additional Will preparation fees if there are gifts, called specific bequests.
PLEASE WRITE DOWN ANY QUESTIONS YOU HAVE HERE or anything else important that we should be aware. Use back of this page for additional important information:
_______________________________________________________________
_______________________________________________________________
ESTATE PLANNING
Your estate may be subject to Federal Estate Taxation if the total of your assets exceeds $2,000,000. If your assets exceed $2,000,000 and you desire estate planning to avoid or reduce your estate tax or require a Trust to protect a spouse, please advise Mr. Vercammen. A Standard Will is not designed to address estate tax issues. We do not do Tax Planning or Medicaid Planning.
WILLS:
T 1- Parents with minor children and trust for children ____________
T 2- Parents no spouse ____________
T 3- Unmarried ____________
T 4- Parents without trust ____________
T 5- Unified Credit Trust over $1 million? ____________
PAYMENT WILL BE MADE BY: (Please circle one)
Check, Credit Card (Visa, Mastercard, American Express) or Cash
Payment is required for Will, Power of Attorney and other document preparation at the first consult and prior to any documents being drafted. We charge a $100.00 consultation fee, which is credited to the preparation of the Will or other document. This $150.00 fee is non-refundable even if the documents are not prepared. If there are any changes to a draft Will, Power of Attorney, or other document, there will be a minimum charge of $75.00 per revision. The Will needs to be signed within 21 days of initial consult or an additional fee of $100.00 will be charged. This form was filled out by:
________________________
4. Fun, festive upcoming races with party afterwards. Car pool from East Brunswick area needed. Call Ken Vercammen 732-261-4005
Dec 3 Reindeer Romp, 5k Pt. Pleasant plenty of post race food, discount drinks
12/30 43rd Annual Polar Bear Race 5mi Run, 1pm, 10mi Racewalk, 10am Asbury Park, NJ 732-222-9080 Free Polar Plunge swim in Atlantic Ocean after race.
Kenneth Vercammen
3rd Degree Black Belt
Tae Kwon Do
Criminal and Civil Trial Attorney
The Black Belt of Trial Law
The toughest fight of your life needs a tough fighter.
All inquiries are confidential.
_____________________________
New- Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. 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
1 Recent cases: Threat to Bring in Drug Dog Does Not Invalidate Consent Search
2 911 Call Sometimes Admissible at Trial and Not Hearsay
3. "CONFIDENTIAL WILL QUESTIONNAIRE"
4. Fun, festive upcoming races with party afterwards.
_________________
1 Recent cases: Threat to Bring in Drug Dog Does Not Invalidate Consent Search. State v. Elders 386 NJ Super. 208 (App. Div. 2006)
Although State v. Carty requires a law enforcement officer to have a reasonable suspicion as a prerequisite to seeking consent to search a vehicle -- whether the officer initiated the stop or the driver stopped for other reasons -- the trial court in this case erred by suppressing evidence seized from a disabled vehicle and from several defendants because, under the totality of the circumstances, the State Troopers had reasonable suspicion to justify their request for consent to search the disabled vehicle.
Source: Facts-on-Call Order No. 93059
2 911 Call Sometimes Admissible at Trial and Not Hearsay. Davis v. Washington 126 S. Ct. 2266 (2006)
For Confrontation Clause purposes, witness statements are nontestimonial when the primary purpose of the interrogation in which they are made is to enable police assistance to meet an ongoing emergency; they are testimonial when the primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution. However, if witness is in safe environment, this is testimonial and not excited utterance. Therefore, witness testimony is required. Source: 184 N.J.L.J. 1173
_________
3. "CONFIDENTIAL WILL QUESTIONNAIRE"
Many Americans spend more time planning their next vacation than planning their entire future. Prepare for the legal issues that may arise for you and your family in your senior years or in death.
To have a Will or Power of Attorney prepared, please fill out the following information completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to meeting with the attorney. Fees for preparation of Wills, Durable Power of Attorney and Living Will are discussed with clients at initial consult.
Please be sure to check all appropriate boxes. If "NONE", please state "NONE". If "NOT APPLICABLE", please state "N/A".
PLEASE PRINT CLEARLY
1. Your Full Name:
______________________________________________________
First Last
2. IF MARRIED OR SEPARATED, complete (a) and (b) below:
(a) Spouse's Full Name:
______________________________________________________
First Last
3. Your Street Address: ____________________________________
City ____________________ State ____ Zip Code ______________
4. Telephone Numbers:
Cell: _____________________________________ ________________________
Day: ____________________/Night: ________________________
5. E-mail address: _______________________________________
6. Referred By: _________________________ 7. Today's Date ____________
If referred by a person, is this a client or attorney? __________________________________
We recommend a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo; Karen Quinlan? Yes ________ No _____
We recommend a Durable Power of Attorney in the event of your physical or mental disability to help you with financial affairs? Yes ________ No ________
How can we help you? What are your questions/other important info?
______________________________________________________________
_______________________________________________________________
_______________________________________________________________
[It is required by New Jersey Court Rules that all pages be filled out in person's own handwriting prior to seeing the attorney]
8. Your Sex: [ ] Male [ ] Female
9. Your Marital Status: [ ] Single [ ] Married [ ] Separated [ ] Divorced [ ] Widowed
10. Your Date of Birth: ___________________ SS # __________________
Month Day Year
11. Spouse Date of Birth: _________________ SS # __________________
Month Day Year
12. If you are the parent or legal guardian of a minor child or minor children, please check here. [ ]
2. ESTATE EXECUTOR
The person charged with administering/Probating your estate, paying taxes and/or other debts, preserving, managing, and distributing estate assets and property is called an Executor. This person should be one in whom you have trust and confidence. Your SPOUSE is usually named as primary Executor, followed by the child who lives closest to you.
Please provide the following information about the person you wish to name to serve in this capacity.
1. PRIMARY Choice of Executor/Personal Representative:
Name: _______________________ _______________________
First Last
Relationship: _______________ Address: ____________________
2. SECOND Choice of Executor:
This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death, or is unable to serve.
Full Name: ___________________________ _________________
First Last
Relationship: _______________ Address: ____________________
The two proposed Executors must be filled out prior to meeting the attorney.
Asset Information- Must Be Completed - If none, write “none”
House/Real Estate Address _______________________________
Estimate Total Real Estate Value: _____________ Approx mortgage _______
Bank Accounts, Stocks, CDs and Assets: ________________________
Approximate Amount _____________________________
Beneficiaries of Bank Accounts (if none write "none") ______________________________
Other Major Assets (if none, write "none"): _______________________________________
Approximate Life Insurance: _____ Beneficiary ____________________
In the Will- Who do you want to get your assets:
Beneficiary (1) _______________________ Relationship _______________
Beneficiary (2) _______________________ Relationship _______________
Beneficiary (3) _______________________ Relationship _______________
[It is required by New Jersey Court Rules that assets and beneficiaries be filled out prior to seeing the attorney]
Any Specific Bequests of Money and Property:
________________________________________________________
______________________________________________________________
[ ] A. MARRIED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN).
Generally most married people provide that, upon their death, property will be distributed as follows:
1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse.
2. If your spouse predeceases you, then your estate will be divided in equal shares among all of your living children, If any child shall predecease you, then that child's share to their children (grandchildren).
Names of Children: _________________ Age: ______
______________________________ Age: ______
______________________________ Age: ______
LIST THE NAMES AND AGES OF ALL CHILDREN EVEN IF THEY ARE OLDER THAN EIGHTEEN. IF NO CHILDREN, WRITE NONE.
III. GUARDIAN(S) OF MINOR CHILD(REN)
[Skip this section if you have NO minor children and DO NOT want a trust. There are substantial additional fees for preparation of a Trust]
The surviving parent of a minor child is ordinarily entitled to be the GUARDIAN of that child. In the case of simultaneous death of you and your spouse, or if you are a single parent, you should appoint a Guardian for your minor child. It is advisable, prior to the completion of this Questionnaire, to make sure that your proposed Guardian(s) is (are) willing to serve as Guardian(s). In addition, the Guardian will also hold the monies for the minor children UNLESS you direct us otherwise. In your Will you can have any adult serve as Trustee of monies for minor children.
Provide the following information about the person(s) you select to be Guardian(s)/Trustee(s). In the event my spouse predeceases me, I name as GUARDIAN(S)/ TRUSTEE(S):
1. PRIMARY Choice of GUARDIAN / TRUSTEE:
Full Name: _______________________________________
Relationship: ______________________________________
2. SECOND Choice of GUARDIAN / TRUSTEE:
Full Name: _______________________________________
Relationship: _____________________________________
Are there any beneficiaries with special needs, or receiving SSI or SDD? Please answer in detail
________________________________________
[ ] B. MARRIED PERSONS WITH NO CHILD(REN) OR GRANDCHILD(REN).
Generally most married people with no child(ren) or grandchild(ren) provide that upon their death their property will be distributed as follows:
1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse, but
2. If your spouse predeceases you, then your estate will be distributed to your living parent, or equally to your living parents.
3. But should both of your parents predecease you, then your estate will distributed equally to your brothers and sisters or equally to the children of a predeceased brother or sister.
Please check B above only if you wish your property distributed precisely and exactly as indicated in section B, 1 through 3, above.
Additional information on Wills, Probate and Elder Law available at www.njlaws.com
[ ] C. DIVORCED OR WIDOWED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN). Generally, most divorced or widowed persons with child(ren) or grandchild(ren) provide that upon their death property will be distributed as follows: 1. Your estate (all property and assets not owned jointly with another person) will be distributed in equal shares to all of your living child(ren).
2. But if one or more of your children predeceases you, that deceased child's share will be distributed to his or her child(ren), your grandchild(ren) in equal shares
[ ] D. ALTERNATE PLAN OF DISTRIBUTION - You may list specific gifts to individuals and/or divide your estate among several individuals by listing percentages to each, making sure that the percentages total 100%. You may add additional sheets if necessary or use the back of this form. There are additional Will preparation fees if there are gifts, called specific bequests.
PLEASE WRITE DOWN ANY QUESTIONS YOU HAVE HERE or anything else important that we should be aware. Use back of this page for additional important information:
_______________________________________________________________
_______________________________________________________________
ESTATE PLANNING
Your estate may be subject to Federal Estate Taxation if the total of your assets exceeds $2,000,000. If your assets exceed $2,000,000 and you desire estate planning to avoid or reduce your estate tax or require a Trust to protect a spouse, please advise Mr. Vercammen. A Standard Will is not designed to address estate tax issues. We do not do Tax Planning or Medicaid Planning.
WILLS:
T 1- Parents with minor children and trust for children ____________
T 2- Parents no spouse ____________
T 3- Unmarried ____________
T 4- Parents without trust ____________
T 5- Unified Credit Trust over $1 million? ____________
PAYMENT WILL BE MADE BY: (Please circle one)
Check, Credit Card (Visa, Mastercard, American Express) or Cash
Payment is required for Will, Power of Attorney and other document preparation at the first consult and prior to any documents being drafted. We charge a $100.00 consultation fee, which is credited to the preparation of the Will or other document. This $150.00 fee is non-refundable even if the documents are not prepared. If there are any changes to a draft Will, Power of Attorney, or other document, there will be a minimum charge of $75.00 per revision. The Will needs to be signed within 21 days of initial consult or an additional fee of $100.00 will be charged. This form was filled out by:
________________________
4. Fun, festive upcoming races with party afterwards. Car pool from East Brunswick area needed. Call Ken Vercammen 732-261-4005
Dec 3 Reindeer Romp, 5k Pt. Pleasant plenty of post race food, discount drinks
12/30 43rd Annual Polar Bear Race 5mi Run, 1pm, 10mi Racewalk, 10am Asbury Park, NJ 732-222-9080 Free Polar Plunge swim in Atlantic Ocean after race.
Kenneth Vercammen
3rd Degree Black Belt
Tae Kwon Do
Criminal and Civil Trial Attorney
The Black Belt of Trial Law
The toughest fight of your life needs a tough fighter.
All inquiries are confidential.
_____________________________
New- Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. 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 Newsletter E228 November 14, 2006
In this issue:
1 Protecting the Rights of non- traditional couples
2 Pre Trial Dismissal/PTI Available Even If They Had a Similar PTI in Pennsylvania
_________________
1 Protecting the Rights of non- traditional couples
By Thomas D. Begley, Jr., Esquire
What is a Non-Traditional Couple?
Non-traditional couples are either same sex couples or heterosexual unmarried couples. They may even include transgender couples. Typically, these relationships are characterized as domestic partnerships. The partnerships often have the following characteristics:
$ Common residence
$ Some form of joint responsibility for each other's common welfare
$ Joint responsibility for living expenses
$ Neither partner is in a valid marriage, except in those states permitting same sex marriages
$ There is a committed relationship of mutual caring
$ Both parties are at least 18 years of age
$ An Affidavit of Domestic Partnership has been filed in those states where such partnerships are authorized
Important Issues for Non-Traditional Couples
$ Financial Control. If one partner is incapacitated, that person usually wants the healthy partner to handle financial affairs.
$ Health Care. If one partner is incapacitated, that person usually wants the healthy partner to handle medical affairs.
$ Autopsy. In certain cases, a domestic partner may want the surviving partner to consent to an autopsy.
$ Organ Donations. A domestic partner may wish the surviving partner to consent to organ donations.
$ Inheritance. Domestic partners usually want their partner to inherit upon death.
$ Ownership and Management of Real Estate. Domestic partners often purchase real estate together and are often concerned about how the property is titled and how the property will be maintained.
Tools
To accomplish these objectives certain tools are available. While these tools are important in all relationships, they are particularly important in non-traditional couple relationships.
- Power of Attorney. A Power of Attorney allows the clients to grant their partners (and/or other people) the right to make financial decisions and to have access to bank accounts.
Failure to execute a Power of Attorney may lead to unpleasant future consequences. Absent a Power of Attorney it may be necessary for someone to be appointed guardian of the incapacitated partner. Most state statutes do not give a domestic partner any priority in being named guardian. Family members, generally, would come ahead of a domestic partner. The financial power of attorney should obviate the need for having a guardian appointed.
- Advanced Medical Directive. An Advanced Medical Directive, sometimes called a Health Care Proxy or a Medical Durable Power of Attorney, allows the clients to grant their partners (and/or other people) the right to make health care decisions and to have access to medical records.
Failure to have an Advanced Medical Directive in place might necessarily lead to the appointment of a medical guardian. Again, the domestic partner has no statutory right, in most states, to be named health care representative. Most state statutes give priority to family members.
- Living Will. A Living Will allows the clients to be "on record" as to whether they want heroic measures used to keep them alive if there is otherwise no hope. Although a Living Will is not legally enforceable in some states, it is always valuable in a legal dispute or inquiry about what the patient would want.
- Burial Directive. A Burial Directive, like a Living Will, at the very least allows the clients to be "on record" as to how to dispose of their remains, and in some states it even gives the designated agent authority equal to or greater than family members who would otherwise be assumed to have authority over such decisions.
Absent a Burial Directive the domestic partner has no right to make any decisions pertaining to the burial of the deceased partner. Family members and/or the executor are given priority.
- Will. It is very important that non-traditional partners have Wills. Absent a Will each state has an Intestacy statute. The Intestacy statute is, in effect, a Will for the deceased partner, which has been written by the state. The domestic partner will not benefit through Intestacy. In order for the domestic partner to inherit from the deceased partner, a Will must be drafted.
- Living Trust. A Living Trust allows the clients to grant their partners (and/or other people) the right to manage their assets and investments.
- Beneficiary Designations. If a domestic partner wants the surviving partner to benefit from the deceased partner's life insurance, retirement account and/or annuity, the domestic partner must be named as beneficiary. There may be an issue in some states as to whether the domestic partner has an "Insurable interest" with respect to life insurance. State law must be consulted carefully.
- Equity Sharing Agreement. An Equity Sharing Agreement is an agreement between the unmarried couple pertaining to ownership and management of real estate. -
- Domestic Partnership Agreement. Some states authorize Domestic Partnership Agreements, and some state laws grant various rights to domestic partners. It is important that an agreement be drafted to comply with the state statute in these cases.
Thank you to Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania.
_________
2 Pre Trial Dismissal/PTI Available Even If They Had a Similar PTI in Pennsylvania. State v. McKeon 385 NJ Super. 559 (App. Div 2006)
A defendant is not be barred, pursuant to N.J.S.A. 2C:43-12g, from PTI even if they had were previously enrolled in a program similar to PTI in Pennsylvania for a criminal DWI charge.
Source: 184 N.J.L.J. 712
Auto accident cases- Hisenaj v. Kuehner
387 N.J. Super. 262
The trial court erred in allowing biomechanical engineering testimony that a low-impact, rear-end collision cannot cause a herniated disc.
_____________________________
New- Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. 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
1 Protecting the Rights of non- traditional couples
2 Pre Trial Dismissal/PTI Available Even If They Had a Similar PTI in Pennsylvania
_________________
1 Protecting the Rights of non- traditional couples
By Thomas D. Begley, Jr., Esquire
What is a Non-Traditional Couple?
Non-traditional couples are either same sex couples or heterosexual unmarried couples. They may even include transgender couples. Typically, these relationships are characterized as domestic partnerships. The partnerships often have the following characteristics:
$ Common residence
$ Some form of joint responsibility for each other's common welfare
$ Joint responsibility for living expenses
$ Neither partner is in a valid marriage, except in those states permitting same sex marriages
$ There is a committed relationship of mutual caring
$ Both parties are at least 18 years of age
$ An Affidavit of Domestic Partnership has been filed in those states where such partnerships are authorized
Important Issues for Non-Traditional Couples
$ Financial Control. If one partner is incapacitated, that person usually wants the healthy partner to handle financial affairs.
$ Health Care. If one partner is incapacitated, that person usually wants the healthy partner to handle medical affairs.
$ Autopsy. In certain cases, a domestic partner may want the surviving partner to consent to an autopsy.
$ Organ Donations. A domestic partner may wish the surviving partner to consent to organ donations.
$ Inheritance. Domestic partners usually want their partner to inherit upon death.
$ Ownership and Management of Real Estate. Domestic partners often purchase real estate together and are often concerned about how the property is titled and how the property will be maintained.
Tools
To accomplish these objectives certain tools are available. While these tools are important in all relationships, they are particularly important in non-traditional couple relationships.
- Power of Attorney. A Power of Attorney allows the clients to grant their partners (and/or other people) the right to make financial decisions and to have access to bank accounts.
Failure to execute a Power of Attorney may lead to unpleasant future consequences. Absent a Power of Attorney it may be necessary for someone to be appointed guardian of the incapacitated partner. Most state statutes do not give a domestic partner any priority in being named guardian. Family members, generally, would come ahead of a domestic partner. The financial power of attorney should obviate the need for having a guardian appointed.
- Advanced Medical Directive. An Advanced Medical Directive, sometimes called a Health Care Proxy or a Medical Durable Power of Attorney, allows the clients to grant their partners (and/or other people) the right to make health care decisions and to have access to medical records.
Failure to have an Advanced Medical Directive in place might necessarily lead to the appointment of a medical guardian. Again, the domestic partner has no statutory right, in most states, to be named health care representative. Most state statutes give priority to family members.
- Living Will. A Living Will allows the clients to be "on record" as to whether they want heroic measures used to keep them alive if there is otherwise no hope. Although a Living Will is not legally enforceable in some states, it is always valuable in a legal dispute or inquiry about what the patient would want.
- Burial Directive. A Burial Directive, like a Living Will, at the very least allows the clients to be "on record" as to how to dispose of their remains, and in some states it even gives the designated agent authority equal to or greater than family members who would otherwise be assumed to have authority over such decisions.
Absent a Burial Directive the domestic partner has no right to make any decisions pertaining to the burial of the deceased partner. Family members and/or the executor are given priority.
- Will. It is very important that non-traditional partners have Wills. Absent a Will each state has an Intestacy statute. The Intestacy statute is, in effect, a Will for the deceased partner, which has been written by the state. The domestic partner will not benefit through Intestacy. In order for the domestic partner to inherit from the deceased partner, a Will must be drafted.
- Living Trust. A Living Trust allows the clients to grant their partners (and/or other people) the right to manage their assets and investments.
- Beneficiary Designations. If a domestic partner wants the surviving partner to benefit from the deceased partner's life insurance, retirement account and/or annuity, the domestic partner must be named as beneficiary. There may be an issue in some states as to whether the domestic partner has an "Insurable interest" with respect to life insurance. State law must be consulted carefully.
- Equity Sharing Agreement. An Equity Sharing Agreement is an agreement between the unmarried couple pertaining to ownership and management of real estate. -
- Domestic Partnership Agreement. Some states authorize Domestic Partnership Agreements, and some state laws grant various rights to domestic partners. It is important that an agreement be drafted to comply with the state statute in these cases.
Thank you to Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania.
_________
2 Pre Trial Dismissal/PTI Available Even If They Had a Similar PTI in Pennsylvania. State v. McKeon 385 NJ Super. 559 (App. Div 2006)
A defendant is not be barred, pursuant to N.J.S.A. 2C:43-12g, from PTI even if they had were previously enrolled in a program similar to PTI in Pennsylvania for a criminal DWI charge.
Source: 184 N.J.L.J. 712
Auto accident cases- Hisenaj v. Kuehner
387 N.J. Super. 262
The trial court erred in allowing biomechanical engineering testimony that a low-impact, rear-end collision cannot cause a herniated disc.
_____________________________
New- Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. 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
Subscribe to:
Posts (Atom)