State v. John O’Hagen (A-70-05) 1-24-07
The New Jersey DNA Database and Databank Act of N.J.S.A. 53:1-
20.17-20.28, as amended, does not violate the rights guaranteed
by the Fourth and Fourteenth Amendments to the United States
Constitution and Article I, Paragraphs 1 and 7 of the New Jersey
Constitution. Law requiring convicted criminals to provide DNA sample constitutional.
1-24-07 A.A., by his parent and guardian B.A., v. Attorney
General of the State of New Jersey et als.(A-105-05)
DNA test results lawfully obtained pursuant to the New Jersey
DNA Database and Databank Act of 1994, N.J.S.A. 53:1-20.17-
20.28, as amended, may be used to solve crimes committed prior
to the taking of the DNA test.
1-18-07 State v. Vincent Dispoto (A-103-05)
Because there was insufficient evidence to support the issuance
of the underlying domestic violence search warrant, the criminal
search warrant was invalid as fruit of the poisonous tree.
While this holding renders moot the Appellate Division’s finding
that failure to re-administer Miranda warnings at the time of
arrest required suppression of Dispoto’s post-arrest
incriminating statements, the Court adds in respect of the issue
of the Miranda warnings only that no bright line or per se rule
governs whether re-administratiocustodial Miranda warning.
Saturday, January 27, 2007
internet subscriber has an expectation of privacy
State of New Jersey v. Shirley Reid 01-22-07
A-3424-05T5
The Appellate Division held that an internet subscriber has an expectation of
privacy in information on file with the internet provider
identifying her as the user associated with an anonymous "screen
name." Since the police obtained that identifying information
by means of an invalid subpoena, issued by a municipal court
administrator and returnable on the date of issuance, the order
suppressing the evidence obtained from the internet provider was
affirmed.
A-3424-05T5
The Appellate Division held that an internet subscriber has an expectation of
privacy in information on file with the internet provider
identifying her as the user associated with an anonymous "screen
name." Since the police obtained that identifying information
by means of an invalid subpoena, issued by a municipal court
administrator and returnable on the date of issuance, the order
suppressing the evidence obtained from the internet provider was
affirmed.
Sunday, January 21, 2007
NJ Laws Newsletter E235 January 21, 2007
NJ Laws newsletter E235 The New NJ Probate Law makes a number of substantial changes in Probate and the administration of estates and trusts in New Jersey. Update your Will now.
In this issue:
1. The New NJ Probate Law makes a number of substantial changes in Probate and the administration of estates and trusts in New Jersey. Update your Will now.
2 Recent cases: Due Process Violated if Judge Finds Final Restraining Order FRO on Acts Not Alleged in Complaint.
3 Person in Stopped, Parked Car Not Guilty of DWI.
4. Brendan Vercammen- now 17-0 in wrestling
5. Raritan Valley Road Runners RVRR Winter Banquet
January 21, 2007
1. The New NJ Probate Law makes a number of substantial changes in Probate and the administration of estates and trusts in New Jersey. Update your Will now.
The law now includes situations where writings that are intended as Wills would be allowed, but requires that the burden of proof on the proponent would be by clear and convincing evidence. The law provides that divorce or annulment of a marriage, under certain circumstances, would revoke not only provisions of the former spouse's Will, but also non-probate transfers occurring by reason of the decedent's death to the former spouse. The law expands the provisions requiring survival of a beneficiary by 120 hours to succeed to an interest of a decedent in non-probate transfers.
The law also makes substantial revisions to the laws governing intestate succession. For example, the law provides that the intestate share of a surviving spouse would be 100 percent of the intestate estate where all of the surviving descendants of the decedent are also the descendants of the surviving spouse and the surviving spouse has no other descendants. Further, the surviving spouse is now entitled to a larger share of the estate in the event that either a parent of the decedent survives a decedent who has no descendants, or there are descendants of the surviving spouse who are not descendants of the decedent. Finally, stepchildren of a decedent would be added as a final class of takers.
The law consolidates the law concerning disclaimers of probate and non-probate property. The law clarifies that a fiduciary may, with court approval, disclaim any power or discretion held by such fiduciary, and may disclaim without court approval if the governing instrument so permits.
Finally, the law expands the rules of construction formerly applicable only to wills to other donative transfers. The law provides a statute of limitations with respect to creditor claims against a decedent's estate.
See the NJ Elder Law blog: http://elder-law.blogspot.com/
2 Recent cases: Due Process Violated if Judge Finds Final Restraining Order FRO on Acts Not Alleged in Complaint. M.H. v. R.C. Appellate Division, A-0649-05-T30649-05T3, May 24, 2006, unpublished.
The final restraining order entered against defendant is reversed, where the judge found that plaintiff had failed to prove that defendant committed acts of domestic violence on the dates alleged in the complaint (harassment, and threats to "get her," turn her in to the IRS, and burn her house down, and "monitoring her" from her yard), but nevertheless entered the FRO, finding that defendant was responsible for propping up newspapers in the vicinity of the hot water heater on another occasion. Although past history may be considered by a trial judge, it constitutes a fundamental violation of due process to convert a hearing on a complaint alleging one act of domestic violence into a hearing on other acts of domestic violence that are not even alleged in the complaint. Source: NJ Law Journal May 29,2006 p. 57
3 Person in Stopped, Parked Car Not Guilty of DWI. State v. Knolmayer Appellate Division, A-4836-04T2, April 5, 2006, unpublished
Conviction of driving while intoxicated reversed, and conviction of refusal to submit to a Breathalyzer test reversed and remanded for a new trial; as to the DWI conviction, the Law Division’s conclusion that the State had proved the defendant’s “intent to operate” his vehicle was not supported by the evidence, which indicated (1) that a police officer found the defendant seated in the driver’s seat of his car at 2:06 a.m. with the engine off and without a key in the ignition, (2) that the car was “legally parked in a residential neighborhood,” was not parked awkwardly, and was not visibly damaged, (3) that the officer did not see the defendant drive his car, and (4) that the defendant’s assertions that he had not driven were “uncontroverted”; furthermore, the State did not prove an inference of operation because the ignition key was secured in a console and was found only when the vehicle was searched; as to the refusal conviction, it had to be retried under the beyond a reasonable doubt standard of proof pursuant to State v. Cummings. Source: Facts-on-Call Order No. 19483
4. Brendan Vercammen- now 17-0 in South Brunswick JV wrestling, including 2-0 varsity, all pins.
See varsity win:
http://www.thnt.com/apps/pbcs.dll/article?AID=2007701200333
5. Raritan Valley Road Runners RVRR Winter Banquet
Date: Saturday, February 3, 2007
Members & Guests Welcome
Dinner • Beverages • Good Company
Music • Dancing • Beer!
Time: 6 PM to 11 PM
Place: Robert Frey Hall, 216 Joseph Street, East Brunswick NJ
Cost
$35 postmarked after January 13 through Feb. 1st.
RVRR Member Name(s):_______________________________ _______________
Guest(s):___________________________________ _____________________________
Phone ______________________________ ______________________________
Amount Enclosed @ $__________/person: _____
$35 after January 13 through February 1)
Did you win any races this year (overall) yes/no. Name of
RVRR Winter Banquet
C/O Stephen Kornstein, 73 Frances Drive, Clark, NJ 07066
For additional information, contact Cheryl Scher at 732.822.8212
http://www.rvrr.org/socialevents.htm
_____________________________
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
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 21 years of providing excellent service to clients 1985-2007" 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 2007. 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
In this issue:
1. The New NJ Probate Law makes a number of substantial changes in Probate and the administration of estates and trusts in New Jersey. Update your Will now.
2 Recent cases: Due Process Violated if Judge Finds Final Restraining Order FRO on Acts Not Alleged in Complaint.
3 Person in Stopped, Parked Car Not Guilty of DWI.
4. Brendan Vercammen- now 17-0 in wrestling
5. Raritan Valley Road Runners RVRR Winter Banquet
January 21, 2007
1. The New NJ Probate Law makes a number of substantial changes in Probate and the administration of estates and trusts in New Jersey. Update your Will now.
The law now includes situations where writings that are intended as Wills would be allowed, but requires that the burden of proof on the proponent would be by clear and convincing evidence. The law provides that divorce or annulment of a marriage, under certain circumstances, would revoke not only provisions of the former spouse's Will, but also non-probate transfers occurring by reason of the decedent's death to the former spouse. The law expands the provisions requiring survival of a beneficiary by 120 hours to succeed to an interest of a decedent in non-probate transfers.
The law also makes substantial revisions to the laws governing intestate succession. For example, the law provides that the intestate share of a surviving spouse would be 100 percent of the intestate estate where all of the surviving descendants of the decedent are also the descendants of the surviving spouse and the surviving spouse has no other descendants. Further, the surviving spouse is now entitled to a larger share of the estate in the event that either a parent of the decedent survives a decedent who has no descendants, or there are descendants of the surviving spouse who are not descendants of the decedent. Finally, stepchildren of a decedent would be added as a final class of takers.
The law consolidates the law concerning disclaimers of probate and non-probate property. The law clarifies that a fiduciary may, with court approval, disclaim any power or discretion held by such fiduciary, and may disclaim without court approval if the governing instrument so permits.
Finally, the law expands the rules of construction formerly applicable only to wills to other donative transfers. The law provides a statute of limitations with respect to creditor claims against a decedent's estate.
See the NJ Elder Law blog: http://elder-law.blogspot.com/
2 Recent cases: Due Process Violated if Judge Finds Final Restraining Order FRO on Acts Not Alleged in Complaint. M.H. v. R.C. Appellate Division, A-0649-05-T30649-05T3, May 24, 2006, unpublished.
The final restraining order entered against defendant is reversed, where the judge found that plaintiff had failed to prove that defendant committed acts of domestic violence on the dates alleged in the complaint (harassment, and threats to "get her," turn her in to the IRS, and burn her house down, and "monitoring her" from her yard), but nevertheless entered the FRO, finding that defendant was responsible for propping up newspapers in the vicinity of the hot water heater on another occasion. Although past history may be considered by a trial judge, it constitutes a fundamental violation of due process to convert a hearing on a complaint alleging one act of domestic violence into a hearing on other acts of domestic violence that are not even alleged in the complaint. Source: NJ Law Journal May 29,2006 p. 57
3 Person in Stopped, Parked Car Not Guilty of DWI. State v. Knolmayer Appellate Division, A-4836-04T2, April 5, 2006, unpublished
Conviction of driving while intoxicated reversed, and conviction of refusal to submit to a Breathalyzer test reversed and remanded for a new trial; as to the DWI conviction, the Law Division’s conclusion that the State had proved the defendant’s “intent to operate” his vehicle was not supported by the evidence, which indicated (1) that a police officer found the defendant seated in the driver’s seat of his car at 2:06 a.m. with the engine off and without a key in the ignition, (2) that the car was “legally parked in a residential neighborhood,” was not parked awkwardly, and was not visibly damaged, (3) that the officer did not see the defendant drive his car, and (4) that the defendant’s assertions that he had not driven were “uncontroverted”; furthermore, the State did not prove an inference of operation because the ignition key was secured in a console and was found only when the vehicle was searched; as to the refusal conviction, it had to be retried under the beyond a reasonable doubt standard of proof pursuant to State v. Cummings. Source: Facts-on-Call Order No. 19483
4. Brendan Vercammen- now 17-0 in South Brunswick JV wrestling, including 2-0 varsity, all pins.
See varsity win:
http://www.thnt.com/apps/pbcs.dll/article?AID=2007701200333
5. Raritan Valley Road Runners RVRR Winter Banquet
Date: Saturday, February 3, 2007
Members & Guests Welcome
Dinner • Beverages • Good Company
Music • Dancing • Beer!
Time: 6 PM to 11 PM
Place: Robert Frey Hall, 216 Joseph Street, East Brunswick NJ
Cost
$35 postmarked after January 13 through Feb. 1st.
RVRR Member Name(s):_______________________________ _______________
Guest(s):___________________________________ _____________________________
Phone ______________________________ ______________________________
Amount Enclosed @ $__________/person: _____
$35 after January 13 through February 1)
Did you win any races this year (overall) yes/no. Name of
RVRR Winter Banquet
C/O Stephen Kornstein, 73 Frances Drive, Clark, NJ 07066
For additional information, contact Cheryl Scher at 732.822.8212
http://www.rvrr.org/socialevents.htm
_____________________________
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
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 21 years of providing excellent service to clients 1985-2007" 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 2007. 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
Sunday, January 14, 2007
NJ Laws Newsletter E234 January 14, 2007
In this issue:
1. You need a Living Wills/ Advance Directive
2 Recent cases: Police Cannot Search Inside Home Based On Smell of Marijuana.
3. Prosecutor Can Dismiss Private Citizen Complaint
4. Law Division Guilty Finding Reversed Where Judge Did Not Articulate Findings of Fact.
5. Additional Reasons to have a Last Will and Testament Prepared
January 14, 2007
1. You need a Living Will/ Advance Directive
Modern medicine and machinery can keep a person alive for long periods of time. Unfortunately, a person is often kept alive in great pain or under circumstances that render him or her unconscious as to everything around them, while causing pain and anguish to the family.
Our state has passed a "Living Will" law, often called a "Death with Dignity" law, which allows a person to direct that heroic measures not be taken to prolong life in these unhappy situations.
This "Living Will" is not a substitute for a regular Will, which affects property rights. The "Living Will" is an independent document to be signed in addition to your regular Will.
Please let us know if you want a Living Will/ Advance Directive prepared.
2 Recent cases: Police Cannot Search Inside Home Based On Smell of Marijuana. State v. Strekis Appellate Division, A-2600-04T1, April 24, 2006, unpublished
Conviction of the disorderly persons offense of possession of less than 50 grams of marijuana vacated, denial of the defendant’s motion to suppress evidence following de novo review reversed, and the matter remanded to the Law Division; the police responded to a possible burglary at the defendant’s residence and secured the premises; an officer smelled “a strong odor of raw marijuana,” searched for its Source, and retrieved a backpack that was hidden behind the wall of the defendant’s bedroom; the defendant later consented to a search of the backpack, which contained marijuana; the Law Division erred by failing to suppress the seized evidence; the police had a lawful right to enter the residence under the emergency aid exception, but the search became unlawful when the officer stopped searching for evidence of the burglary and began searching solely for the Source of the odor; at that point, the search exceeded the limited reasons for the entry of the police into the residence
Source: Facts-on-Call Order No. 19382
3. Prosecutor Can Dismiss Private Citizen Complaint. State v. Pepsny Appellate Division, A-6562-04T3, March 16, 2006, unpublished
Administrative dismissal by the County Prosecutor of the criminal complaint that the appellant signed against the defendant for giving false information to a law enforcement officer affirmed; the complaint was dismissed because there was insufficient evidence to support it; after the dismissal and the filing of his notice of appeal from the dismissal, the appellant pleaded guilty to passing a $450,000 bad check to the defendant; on appeal from the dismissal, the appellant argued that the Assistant Prosecutor who signed the dismissal had a conflict of interest because he had prosecuted the appellant; however, the Assistant Prosecutor had no conflict of interest because his “primary interest” was “to see that justice is done” rather than to obtain convictions, because he could not prosecute a charge that was not supported by probable cause, and because his familiarity with the matter put him “in a good position” to determine whether the appellant’s complaint was meritorious; the Assistant Prosecutor’s decision was “entitled to great deference” and was not subject to judicial review because there was no showing of “arbitrary or corrupt conduct.”
Source: Facts-on-Call Order No. 19382
4. Law Division Guilty Finding Reversed Where Judge Did Not Articulate Findings of Fact. State v. Ochajaroen Appellate Division, A-76-05T2, June 27, 2006, unpublished
Law Division Order that affirmed the defendant's sentence of 30 days in jail for reckless driving reversed and remanded for a trial de novo; the defendant pleaded guilty in the Municipal Court, which imposed the sentence; the defendant appealed as of right from a final judgment of conviction; the Law Division considered his appeal on the papers instead of conducting a trial de novo on the record and deciding the case anew; the Law Division erred by affirming the sentence that was imposed by the Municipal Court instead of entering a judgment of conviction anew; reversal was required because the Law Division did not provide the opportunity for oral argument and did not articulate findings of fact and conclusions of law.
Source: Facts-on-Call Order No. 19861 Editorial Assistance provided by Associate Editor, Natalia Maddela, a 3rd year student at St. John's University School of Law. Ms. Maddela is a mentor for first year students at St. Johns. She plans to graduate in June 2007 and begin a career in corporate law soon after.
5. Additional Reasons to have a Last Will and Testament Prepared
Owners of real property (land) and personal property (money, furniture, bank accounts, cars, personal effects, etc.) have the privilege to select those who will receive these items upon death. If an owner does not have a Will she/he loses that privilege and the law decides. More importantly, as any one who has been through it with family or friends, the time and money for probating much more expensive and time consuming without a Will. Changes in one's marital status, financial status and family often will require some changes to an existing Will.
_____________________________
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
.
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 1985-2007" 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 2007. 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. You need a Living Wills/ Advance Directive
2 Recent cases: Police Cannot Search Inside Home Based On Smell of Marijuana.
3. Prosecutor Can Dismiss Private Citizen Complaint
4. Law Division Guilty Finding Reversed Where Judge Did Not Articulate Findings of Fact.
5. Additional Reasons to have a Last Will and Testament Prepared
January 14, 2007
1. You need a Living Will/ Advance Directive
Modern medicine and machinery can keep a person alive for long periods of time. Unfortunately, a person is often kept alive in great pain or under circumstances that render him or her unconscious as to everything around them, while causing pain and anguish to the family.
Our state has passed a "Living Will" law, often called a "Death with Dignity" law, which allows a person to direct that heroic measures not be taken to prolong life in these unhappy situations.
This "Living Will" is not a substitute for a regular Will, which affects property rights. The "Living Will" is an independent document to be signed in addition to your regular Will.
Please let us know if you want a Living Will/ Advance Directive prepared.
2 Recent cases: Police Cannot Search Inside Home Based On Smell of Marijuana. State v. Strekis Appellate Division, A-2600-04T1, April 24, 2006, unpublished
Conviction of the disorderly persons offense of possession of less than 50 grams of marijuana vacated, denial of the defendant’s motion to suppress evidence following de novo review reversed, and the matter remanded to the Law Division; the police responded to a possible burglary at the defendant’s residence and secured the premises; an officer smelled “a strong odor of raw marijuana,” searched for its Source, and retrieved a backpack that was hidden behind the wall of the defendant’s bedroom; the defendant later consented to a search of the backpack, which contained marijuana; the Law Division erred by failing to suppress the seized evidence; the police had a lawful right to enter the residence under the emergency aid exception, but the search became unlawful when the officer stopped searching for evidence of the burglary and began searching solely for the Source of the odor; at that point, the search exceeded the limited reasons for the entry of the police into the residence
Source: Facts-on-Call Order No. 19382
3. Prosecutor Can Dismiss Private Citizen Complaint. State v. Pepsny Appellate Division, A-6562-04T3, March 16, 2006, unpublished
Administrative dismissal by the County Prosecutor of the criminal complaint that the appellant signed against the defendant for giving false information to a law enforcement officer affirmed; the complaint was dismissed because there was insufficient evidence to support it; after the dismissal and the filing of his notice of appeal from the dismissal, the appellant pleaded guilty to passing a $450,000 bad check to the defendant; on appeal from the dismissal, the appellant argued that the Assistant Prosecutor who signed the dismissal had a conflict of interest because he had prosecuted the appellant; however, the Assistant Prosecutor had no conflict of interest because his “primary interest” was “to see that justice is done” rather than to obtain convictions, because he could not prosecute a charge that was not supported by probable cause, and because his familiarity with the matter put him “in a good position” to determine whether the appellant’s complaint was meritorious; the Assistant Prosecutor’s decision was “entitled to great deference” and was not subject to judicial review because there was no showing of “arbitrary or corrupt conduct.”
Source: Facts-on-Call Order No. 19382
4. Law Division Guilty Finding Reversed Where Judge Did Not Articulate Findings of Fact. State v. Ochajaroen Appellate Division, A-76-05T2, June 27, 2006, unpublished
Law Division Order that affirmed the defendant's sentence of 30 days in jail for reckless driving reversed and remanded for a trial de novo; the defendant pleaded guilty in the Municipal Court, which imposed the sentence; the defendant appealed as of right from a final judgment of conviction; the Law Division considered his appeal on the papers instead of conducting a trial de novo on the record and deciding the case anew; the Law Division erred by affirming the sentence that was imposed by the Municipal Court instead of entering a judgment of conviction anew; reversal was required because the Law Division did not provide the opportunity for oral argument and did not articulate findings of fact and conclusions of law.
Source: Facts-on-Call Order No. 19861 Editorial Assistance provided by Associate Editor, Natalia Maddela, a 3rd year student at St. John's University School of Law. Ms. Maddela is a mentor for first year students at St. Johns. She plans to graduate in June 2007 and begin a career in corporate law soon after.
5. Additional Reasons to have a Last Will and Testament Prepared
Owners of real property (land) and personal property (money, furniture, bank accounts, cars, personal effects, etc.) have the privilege to select those who will receive these items upon death. If an owner does not have a Will she/he loses that privilege and the law decides. More importantly, as any one who has been through it with family or friends, the time and money for probating much more expensive and time consuming without a Will. Changes in one's marital status, financial status and family often will require some changes to an existing Will.
_____________________________
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
.
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 1985-2007" 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 2007. 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, January 01, 2007
NJ Laws Newsletter E233 January 3, 2007
1. Happy New Year
I would like to thank my friends for another banner year in 2006. This year was our single best year for referrals. So many of you were kind enough to tell others about our services. Since 1985 I have helped individuals and businesses with legal matters. With changing laws, it is important that your estate planning documents are updated to reflect your most valuable investments. As you know, all business must grow, and one of the safest ways to grow is to get referrals from satisfied clients. Thank you for referring friends and family.
May 2007 bring happiness and good health to you and those you love.
2. Freezing Cold Hash Run details and volunteers needed
Sat. Jan. 6, 2007 10:00am
4 -6 MILE GROUP RUN
START: Ken Vercammen Law Office, 2053 Woodbridge Ave., Edison, NJ 08817 [near the Nixon Post Office]
COST: NO FEE TO RUN. Please bring a canned food donation for the St. James Food Bank. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense a humor is a must.
Wear Yellow. We need 3 volunteers to help set up a 8am and pass out trail running instructions. You can volunteer even if you are not running. Free T shirt and beers for volunteers
Jan. 2006 photos: http://groups.msn.com/RumsonHash/shoebox.msnw
See exciting photos from 2005: http://groups.msn.com/RumsonHash/freezingcoldhash2005.msnw
2004 Photos:
http://www.dotphoto.com/GuestViewImage.asp?AID=1280654&IID=38995334
December 2006 Home News article: http://www.thnt.com/apps/pbcs.dll/article?AID=2006612140304
Sentinel article: http://ems.gmnews.com/news/2006/0111/Front_Page/022.html
Directions: http://www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
3. Wills, Probate and Elder Law Seminar
...New changes in laws can help seniors! Free program!
WHERE: South Brunswick Senior Center, Ridge Rd./ Rt 522
WHEN: Thursday, January 11, 2007 12:30 P.M.
SPEAKER: Kenneth Vercammen, Esq.
(Co-Author- NJ Elder Law & Probate)
- So you don't have a Will. You won't live forever and you can't take it with you. What should you do?
Main Topics:
1. Wills and the 2006 changes to the NJ Probate Law
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Estate Planning
6. Revocable Trusts/ Irrevocable Trusts
7. Federal HIPAA Regulations on release of medical info
8. Federal Estate Tax
9. Question and Answer
COMPLIMENTARY MATERIAL: Brochures and Hand-outs on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property as you wish and avoid many rigid provisions of state law.
Information: South Brunswick Seniors
att: Susan Trilli 732-329-4000
Ridge Rd.
Monmouth Junction, NJ 08852
Helpful information on Wills
http://www.njlaws.com/wills.htm
4. Recent cases: Defense can comment on no fingerprints. State v. Loyal 386 NJ Super. 162 (App. Div. 2006) Defense counsel may, during summation, call attention to the State's failure to present fingerprint evidence linking defendant to the crime. - Predisposition report required prior to juvenile disposition. State in the Interest of T.A. 386 NJ super. 642 (App. Div. 2006) Absent an express waiver, a predisposition report is required as a prerequisite to a delinquency disposition. - Defendant voluntarily waived self-incrimination where he did not ask for attorney. State v. Cabrera 387 NJ Super. 81 (App. Div. 2006) Where defendant was not continuously questioned while in custody, he was not unduly tried and was given food and drink, and despite repeated warnings he never asked for an attorney or for the interrogation to stop, there was sufficient credible evidence beyond a reasonable doubt that defendant voluntarily waived his right against self-incrimination.
5. For Medicaid Applications, Having an Attorney Can Be Crucial
By Dana E. Bookbinder, Esquire
Given the convoluted and ambiguous set of provisions that are our federal and state Medicaid laws, it is a wonder how any lawmaker could expect individuals, especially seniors with compromised health, to apply for benefits on their own. Federal regulations require Medicaid caseworkers to be helpful to those who file for benefits, but state and federal budgetary constraints have created a reality that is much more frustrating than the printed law would suggest. Many individuals file applications unprepared for the minutiae that will delay the processing of their application for several months or cost them tens of thousands of dollars in health care expenses. Fortunately, the public is becoming increasingly aware of the difference that an attorney can make with Medicaid applications.
The most common obstacle to obtaining a timely Medicaid approval is the failure to provide the Medicaid office with complete information. The amount of paperwork required with each application is burdensome, and under new federal law, last year it became potentially more burdensome. In addition to comprehensive financial information dating back three (soon to be five) years, Medicaid applicants must submit a variety of documents such as marriage licenses, birth records, deeds, affidavits, etc. to support their applications. The documentation required varies somewhat with each case, but the paperwork is oppressive for even the most organized individual. When a senior is dealing with his spouse's ailing health and his own limitations, the task of applying for benefits becomes overwhelming.
The most daunting obstacle to a Medicaid approval is the Deficit Reduction Act of 2005. This Act extended the three-year lookback to five, creating much more homework for anyone seeking benefits. It also changed the rules regarding transfers of assets and created partial month penalties. Whereas the old rules granted Medicaid eligibility for a certain period of whole months, the new laws grant or deny Medicaid for partial month periods. With regard to certain assets such as annuities and promissory notes which may be held by Medicaid applicants, the new law confuses most Medicaid caseworkers rather than guides them. The result is that many more Medicaid applications have to be sent up from the county level, where the applications are originally filed, to central state offices for review. In New Jersey, the Division of Medical Assistance and Health Services in Trenton has been collecting applications that include trusts, annuities, and notes for several months. This is slowing the entire process.
To those who do not practice elder law, it is always unbelievable that the counties implement certain Medicaid eligibility policies which are not necessarily written down. Other policies are handed down from the state office to the county supervisors through memos that do not reach the public until after the supervisors begin to implement them. For instance, the firm recently learned that such a memo was disseminated among the counties concerning prepaid funerals and whether the Medicaid eligibility rules permitted prepaying a funeral luncheon.
Because much of what affects those applying for Medicaid is not part of the written law, different county Medicaid offices enforce different procedures for filing applications. Certain eligibility requirements also vary from county to county. Some counties permit applications by mail, some permit non-lawyers to represent the applicant at the meeting to file the paperwork, and others are stricter, only permitting certain family members or attorneys to represent the individual applicant. Partial month penalties as required under the Deficit Reduction Act have begun to be imposed by Burlington County, for instance, yet not by the other local counties as of this writing. Counties also vary in the levels of proof they require to permit a child of a Medicaid applicant to retain his or her parent's house in his own name with no Medicaid penalty.
Finally, another difficulty is obtaining Medicaid approval is the public benefit numbers themselves. These figures on which Medicaid eligibility hinges change each year. Certain figures are updated each January and others in July. They include income and asset caps. To many seniors' surprise, they also include strict limitations on the amount of assets that spouses of Medicaid recipients may retain.
The Medicaid application process and eligibility laws may be designed for the public's use, but they are complex and burdensome. They are especially daunting for the population they are designed to assist. Especially in a time when our government is tightening the budget and implementing restrictive laws such as the Deficit Reduction Act, it is crucial for families to obtain legal counsel. Failure to plan ahead can severely impact a family's financial status, especially if there is a spouse involved who wishes to maintain his or her home.
Tom Begley Jr. and Begley & Bookbinder, P.C. is an Elder, Medicaid & 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. Please mention Kenneth Vercammen's office when calling to make an appointment for Medicaid representation.
_____________________________
Kenneth Vercammen's law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
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 2007. 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
I would like to thank my friends for another banner year in 2006. This year was our single best year for referrals. So many of you were kind enough to tell others about our services. Since 1985 I have helped individuals and businesses with legal matters. With changing laws, it is important that your estate planning documents are updated to reflect your most valuable investments. As you know, all business must grow, and one of the safest ways to grow is to get referrals from satisfied clients. Thank you for referring friends and family.
May 2007 bring happiness and good health to you and those you love.
2. Freezing Cold Hash Run details and volunteers needed
Sat. Jan. 6, 2007 10:00am
4 -6 MILE GROUP RUN
START: Ken Vercammen Law Office, 2053 Woodbridge Ave., Edison, NJ 08817 [near the Nixon Post Office]
COST: NO FEE TO RUN. Please bring a canned food donation for the St. James Food Bank. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense a humor is a must.
Wear Yellow. We need 3 volunteers to help set up a 8am and pass out trail running instructions. You can volunteer even if you are not running. Free T shirt and beers for volunteers
Jan. 2006 photos: http://groups.msn.com/RumsonHash/shoebox.msnw
See exciting photos from 2005: http://groups.msn.com/RumsonHash/freezingcoldhash2005.msnw
2004 Photos:
http://www.dotphoto.com/GuestViewImage.asp?AID=1280654&IID=38995334
December 2006 Home News article: http://www.thnt.com/apps/pbcs.dll/article?AID=2006612140304
Sentinel article: http://ems.gmnews.com/news/2006/0111/Front_Page/022.html
Directions: http://www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
3. Wills, Probate and Elder Law Seminar
...New changes in laws can help seniors! Free program!
WHERE: South Brunswick Senior Center, Ridge Rd./ Rt 522
WHEN: Thursday, January 11, 2007 12:30 P.M.
SPEAKER: Kenneth Vercammen, Esq.
(Co-Author- NJ Elder Law & Probate)
- So you don't have a Will. You won't live forever and you can't take it with you. What should you do?
Main Topics:
1. Wills and the 2006 changes to the NJ Probate Law
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Estate Planning
6. Revocable Trusts/ Irrevocable Trusts
7. Federal HIPAA Regulations on release of medical info
8. Federal Estate Tax
9. Question and Answer
COMPLIMENTARY MATERIAL: Brochures and Hand-outs on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property as you wish and avoid many rigid provisions of state law.
Information: South Brunswick Seniors
att: Susan Trilli 732-329-4000
Ridge Rd.
Monmouth Junction, NJ 08852
Helpful information on Wills
http://www.njlaws.com/wills.htm
4. Recent cases: Defense can comment on no fingerprints. State v. Loyal 386 NJ Super. 162 (App. Div. 2006) Defense counsel may, during summation, call attention to the State's failure to present fingerprint evidence linking defendant to the crime. - Predisposition report required prior to juvenile disposition. State in the Interest of T.A. 386 NJ super. 642 (App. Div. 2006) Absent an express waiver, a predisposition report is required as a prerequisite to a delinquency disposition. - Defendant voluntarily waived self-incrimination where he did not ask for attorney. State v. Cabrera 387 NJ Super. 81 (App. Div. 2006) Where defendant was not continuously questioned while in custody, he was not unduly tried and was given food and drink, and despite repeated warnings he never asked for an attorney or for the interrogation to stop, there was sufficient credible evidence beyond a reasonable doubt that defendant voluntarily waived his right against self-incrimination.
5. For Medicaid Applications, Having an Attorney Can Be Crucial
By Dana E. Bookbinder, Esquire
Given the convoluted and ambiguous set of provisions that are our federal and state Medicaid laws, it is a wonder how any lawmaker could expect individuals, especially seniors with compromised health, to apply for benefits on their own. Federal regulations require Medicaid caseworkers to be helpful to those who file for benefits, but state and federal budgetary constraints have created a reality that is much more frustrating than the printed law would suggest. Many individuals file applications unprepared for the minutiae that will delay the processing of their application for several months or cost them tens of thousands of dollars in health care expenses. Fortunately, the public is becoming increasingly aware of the difference that an attorney can make with Medicaid applications.
The most common obstacle to obtaining a timely Medicaid approval is the failure to provide the Medicaid office with complete information. The amount of paperwork required with each application is burdensome, and under new federal law, last year it became potentially more burdensome. In addition to comprehensive financial information dating back three (soon to be five) years, Medicaid applicants must submit a variety of documents such as marriage licenses, birth records, deeds, affidavits, etc. to support their applications. The documentation required varies somewhat with each case, but the paperwork is oppressive for even the most organized individual. When a senior is dealing with his spouse's ailing health and his own limitations, the task of applying for benefits becomes overwhelming.
The most daunting obstacle to a Medicaid approval is the Deficit Reduction Act of 2005. This Act extended the three-year lookback to five, creating much more homework for anyone seeking benefits. It also changed the rules regarding transfers of assets and created partial month penalties. Whereas the old rules granted Medicaid eligibility for a certain period of whole months, the new laws grant or deny Medicaid for partial month periods. With regard to certain assets such as annuities and promissory notes which may be held by Medicaid applicants, the new law confuses most Medicaid caseworkers rather than guides them. The result is that many more Medicaid applications have to be sent up from the county level, where the applications are originally filed, to central state offices for review. In New Jersey, the Division of Medical Assistance and Health Services in Trenton has been collecting applications that include trusts, annuities, and notes for several months. This is slowing the entire process.
To those who do not practice elder law, it is always unbelievable that the counties implement certain Medicaid eligibility policies which are not necessarily written down. Other policies are handed down from the state office to the county supervisors through memos that do not reach the public until after the supervisors begin to implement them. For instance, the firm recently learned that such a memo was disseminated among the counties concerning prepaid funerals and whether the Medicaid eligibility rules permitted prepaying a funeral luncheon.
Because much of what affects those applying for Medicaid is not part of the written law, different county Medicaid offices enforce different procedures for filing applications. Certain eligibility requirements also vary from county to county. Some counties permit applications by mail, some permit non-lawyers to represent the applicant at the meeting to file the paperwork, and others are stricter, only permitting certain family members or attorneys to represent the individual applicant. Partial month penalties as required under the Deficit Reduction Act have begun to be imposed by Burlington County, for instance, yet not by the other local counties as of this writing. Counties also vary in the levels of proof they require to permit a child of a Medicaid applicant to retain his or her parent's house in his own name with no Medicaid penalty.
Finally, another difficulty is obtaining Medicaid approval is the public benefit numbers themselves. These figures on which Medicaid eligibility hinges change each year. Certain figures are updated each January and others in July. They include income and asset caps. To many seniors' surprise, they also include strict limitations on the amount of assets that spouses of Medicaid recipients may retain.
The Medicaid application process and eligibility laws may be designed for the public's use, but they are complex and burdensome. They are especially daunting for the population they are designed to assist. Especially in a time when our government is tightening the budget and implementing restrictive laws such as the Deficit Reduction Act, it is crucial for families to obtain legal counsel. Failure to plan ahead can severely impact a family's financial status, especially if there is a spouse involved who wishes to maintain his or her home.
Tom Begley Jr. and Begley & Bookbinder, P.C. is an Elder, Medicaid & 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. Please mention Kenneth Vercammen's office when calling to make an appointment for Medicaid representation.
_____________________________
Kenneth Vercammen's law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
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 2007. 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 E232 December 24, 2006
Kenneth Vercammen's NJ Laws email newsletter E232
December 24, 2006
In this issue:
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the dog.
2. Santa Claus Welcomes You to Claus.com
3. Injured by Taco Bell Food? A new decision recommends you save the "evidence"
4 Recent cases: Defendant Voluntarily Waived Self-Incrimination Where He Did Not Ask For Attorney.
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the dog.
See photo below
http://www.geocities.com/kenvnjlaw/VercammenChristmasPhoto.jpg
The Holiday / Christmas time is the Season for giving. Therefore, instead of mailing out cards to business, we will be making a donation to the St. James Food Bank located at 2136 Woodbridge Ave, Edison, NJ.
One of the pleasures of this holiday season is the opportunity it gives to thank you for your friendship, goodwill and the very pleasant association we enjoy with our family, friends and clients. We sincerely appreciate this relationship and are thankful for all friendships. We hope you see the excitement of the Season on a child's face. We hope you feel the love of your family every day of the year.
In the true spirit of the season, may we all be thankful and share in the hope for peace on earth and goodwill toward our fellow man.
May the new year bring happiness and good health to you and those you love.
2. Santa Claus Welcomes You to Claus.com
Santa Claus is really excited you've come to visit, and he has the North Pole Village full of fun things to do for both kids and parents, including lots of new things this year. Check your Naughty or Nice rating. Choose your very own Elf Buddy. Play games in Elf School. Print your Honorary Elf Diploma. Sing along with new original Christmas songs. Try funny holiday recipes. Visit the amazing Toy Workshop. Send E-mail to Santa Claus. Follow Santa Claus in his sleigh on Christmas Eve. See how many cookies Santa Claus eats on his trip. Wonderful illustrations and a creative family experience. CLAUS.COM is one of the top-rated Santa Claus websites and is known around the world.
http://www.claus.com/index.php
Wesoly Siat, Bozega Narodzenia [Merry Christmas in Polish}
3. Injured by Taco Bell Food? A new decision recommends you save the "evidence"
SHELLY v. KFC U.S. PROPERTIES, INC.
Appellate Division, A-2025-05T5, December 13, 2006, not approved for publication.
Involuntary dismissal of the plaintiffs' personal injury complaint at the close of their case affirmed; the plaintiffs ate food that was purchased at the defendant's restaurant, became nauseated, had diarrhea, and vomited; the plaintiffs alleged that the food was negligently prepared and sold and caused their illnesses; contrary to the plaintiffs' argument on appeal, they had to present expert testimony to establish the nature of their illnesses and causation; furthermore, the plaintiffs could not rely on the doctrine of res ipsa loquitur without establishing that they had suffered food poisoning rather than another kind of illness, that the food contained a foreign substance, or that the food had an unusual taste or smell; the plaintiffs' proofs failed to lay a foundation for the jury to infer that the food was defective.
Source: Facts-on-Call Order No. 20630 .
4 Recent cases: Defendant Voluntarily Waived Self-Incrimination Where He Did Not Ask For Attorney. State v. Cabrera 387 NJ Super. 81 (App. Div. 2006) Where defendant was not continuously questioned while in custody, he was not unduly tried and was given food and drink, and despite repeated warnings he never asked for an attorney or for the interrogation to stop, there was sufficient credible evidence beyond a reasonable doubt that defendant voluntarily waived his right against self-incrimination. Source: NJ Law Journal September 4, 2006 p. 52
Predisposition Report Required Prior to Juvenile Disposition. State in the Interest of T.A. 386 NJ Super. 642 (App. Div. 2006) Absent an express waiver, a predisposition report is required as a prerequisite to a delinquency disposition. Source: 185 N.J.L.J. 554
6. Don't forget about your Dog at Christmas
HOW A PET TRUST ENSURES THE CONTINUAL CARE OF YOUR LIFELONG COMPANION
By Neil A. Derman, Esquire
According to the latest statistics from the American Pet Products Manufacturers Association (APPMA), released in their 2005-2006 National Pet Owners Survey (NPOS), pet ownership in the United States is currently at its highest level, with 63 percent of all U.S. households owning a pet. This equates to more than 69 million households in the United States that own a pet. Americans own approximately 73 million dogs, 90 million cats, 139 million freshwater fish, 9 million saltwater fish, 16 million birds, 18 million small animals and 11 million reptiles.
With so many families in the United States owning a pet, the question arises, what will happen to these animals if something happens to their owners? It is important to ensure that when you plan your estate, that you address the care of your animals as well as your heirs.
Why a Pet Trust?
The federal tax code does not provide for any assistance with pet owners and the continual care of their animals once they pass away or if they become incapacitated. The Federal Tax code narrows its definition of a beneficiary, to a human being, a trust, a partnership, associate, company or corporation. However, many states have adopted statutes allowing the Federal definition of beneficiary to be expanded to non human animals. Both New Jersey and Pennsylvania have adopted such statutes.
When a pet owner passes away, they often assume that the surviving heirs will be willing to take over the care of that animal, or that the state laws will assist in determining the care of the animal. But pet laws and pet owners do not take into account one key fact of modern life: Surviving adult children may be reluctant to carry out a parent's final wishes.
The cost of caring for a pet may be overwhelming when you put the numbers on paper. The average pet owner spends $400 per month over the lifetime of a pet. This calculates out to a total cost of $48,000 over the life of the animal. Costs incurred include grooming, food, medication, veterinary expenses, boarding, equipment and many others. Depending on the age and health of the animal this could become a very large burden on your heirs.
How Does a Pet Trust Function?
Just like any other trust, a pet trust is established to provide for the continual care of the animal during periods of the owners incapacity or death. The trust can be funded during your lifetime or upon death by including it in your will. The funds will be used to cover the economic burdens of the animal such as those mentioned above. A Trustee is named to take care of these funds and ensure that they are appropriately used for the continual care of your pet. These funds can be invested in a plan to ensure that the money can continue to grow and be available during the lifetime of the animal.
The second fiduciary appointed in a pet trust is a caretaker. The caretaker is an individual who will be responsible for the care of the animal during times of incapacity or once the owner has passed. Their responsibility is to look after the animal as the owner did for the animal's health, shelter, and care. Therefore you should consider only a trustworthy adult who is familiar with your animal and how you care for the pet, as well as someone who has experience in caring for pets. Although many of the caretaker's responsibility will be spelled out in the terms of the trust, it is best to discuss with the caregiver what your wishes are for the pet, as you would do with a designated Power of Attorney.
An Alternate Caregiver should be named in case something happens to your designated Caregiver. Your executor can also be provided with the power to designate a Caregiver if an opening arises. New Jersey statute provides that if no trustee is designated, or is willing or able to serve the court shall appoint a trustee in order to carry out the intent of the creator of the trust.[
What if I Over-fund the Pet Trust?
The terms of the trust will dictate where the money goes upon the passing of the last pet named in the trust. Although in some states courts have overturned a pet trust because it was over funded, the terms of the trust will likely control what happens to any excess funds. In New Jersey, the statutes allow the court to reduce the amount of the property transferred if it determines that the amount substantially exceeds the amount required for the intended use. The amount of any reduction shall be transferred as directed in the trust instrument or, if no such directions are contained in the trust instrument, to the estate of the creator of the trust.
Why is estate planning for pets necessary? Year after year, countless pets are left to a fate that their deceased or incapacitated owners would have never imagined, much less desired. Families with pets should get assistance from legal professionals when making formal arrangements. An attorney can assess your estate and help establish a plan which will ensure that your pet will be provided for during periods of incapacity or at death. Seek an estate planning professional who takes this issue seriously, and recognizes that the care of your pet is as important a part of your estate plan as any other issue they may consider necessary.
Begley & Bookbinder, P.C. is 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.
_____________________________
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
.
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 2007. 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
December 24, 2006
In this issue:
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the dog.
2. Santa Claus Welcomes You to Claus.com
3. Injured by Taco Bell Food? A new decision recommends you save the "evidence"
4 Recent cases: Defendant Voluntarily Waived Self-Incrimination Where He Did Not Ask For Attorney.
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the dog.
See photo below
http://www.geocities.com/kenvnjlaw/VercammenChristmasPhoto.jpg
The Holiday / Christmas time is the Season for giving. Therefore, instead of mailing out cards to business, we will be making a donation to the St. James Food Bank located at 2136 Woodbridge Ave, Edison, NJ.
One of the pleasures of this holiday season is the opportunity it gives to thank you for your friendship, goodwill and the very pleasant association we enjoy with our family, friends and clients. We sincerely appreciate this relationship and are thankful for all friendships. We hope you see the excitement of the Season on a child's face. We hope you feel the love of your family every day of the year.
In the true spirit of the season, may we all be thankful and share in the hope for peace on earth and goodwill toward our fellow man.
May the new year bring happiness and good health to you and those you love.
2. Santa Claus Welcomes You to Claus.com
Santa Claus is really excited you've come to visit, and he has the North Pole Village full of fun things to do for both kids and parents, including lots of new things this year. Check your Naughty or Nice rating. Choose your very own Elf Buddy. Play games in Elf School. Print your Honorary Elf Diploma. Sing along with new original Christmas songs. Try funny holiday recipes. Visit the amazing Toy Workshop. Send E-mail to Santa Claus. Follow Santa Claus in his sleigh on Christmas Eve. See how many cookies Santa Claus eats on his trip. Wonderful illustrations and a creative family experience. CLAUS.COM is one of the top-rated Santa Claus websites and is known around the world.
http://www.claus.com/index.php
Wesoly Siat, Bozega Narodzenia [Merry Christmas in Polish}
3. Injured by Taco Bell Food? A new decision recommends you save the "evidence"
SHELLY v. KFC U.S. PROPERTIES, INC.
Appellate Division, A-2025-05T5, December 13, 2006, not approved for publication.
Involuntary dismissal of the plaintiffs' personal injury complaint at the close of their case affirmed; the plaintiffs ate food that was purchased at the defendant's restaurant, became nauseated, had diarrhea, and vomited; the plaintiffs alleged that the food was negligently prepared and sold and caused their illnesses; contrary to the plaintiffs' argument on appeal, they had to present expert testimony to establish the nature of their illnesses and causation; furthermore, the plaintiffs could not rely on the doctrine of res ipsa loquitur without establishing that they had suffered food poisoning rather than another kind of illness, that the food contained a foreign substance, or that the food had an unusual taste or smell; the plaintiffs' proofs failed to lay a foundation for the jury to infer that the food was defective.
Source: Facts-on-Call Order No. 20630
4 Recent cases: Defendant Voluntarily Waived Self-Incrimination Where He Did Not Ask For Attorney. State v. Cabrera 387 NJ Super. 81 (App. Div. 2006) Where defendant was not continuously questioned while in custody, he was not unduly tried and was given food and drink, and despite repeated warnings he never asked for an attorney or for the interrogation to stop, there was sufficient credible evidence beyond a reasonable doubt that defendant voluntarily waived his right against self-incrimination. Source: NJ Law Journal September 4, 2006 p. 52
Predisposition Report Required Prior to Juvenile Disposition. State in the Interest of T.A. 386 NJ Super. 642 (App. Div. 2006) Absent an express waiver, a predisposition report is required as a prerequisite to a delinquency disposition. Source: 185 N.J.L.J. 554
6. Don't forget about your Dog at Christmas
HOW A PET TRUST ENSURES THE CONTINUAL CARE OF YOUR LIFELONG COMPANION
By Neil A. Derman, Esquire
According to the latest statistics from the American Pet Products Manufacturers Association (APPMA), released in their 2005-2006 National Pet Owners Survey (NPOS), pet ownership in the United States is currently at its highest level, with 63 percent of all U.S. households owning a pet. This equates to more than 69 million households in the United States that own a pet. Americans own approximately 73 million dogs, 90 million cats, 139 million freshwater fish, 9 million saltwater fish, 16 million birds, 18 million small animals and 11 million reptiles.
With so many families in the United States owning a pet, the question arises, what will happen to these animals if something happens to their owners? It is important to ensure that when you plan your estate, that you address the care of your animals as well as your heirs.
Why a Pet Trust?
The federal tax code does not provide for any assistance with pet owners and the continual care of their animals once they pass away or if they become incapacitated. The Federal Tax code narrows its definition of a beneficiary, to a human being, a trust, a partnership, associate, company or corporation. However, many states have adopted statutes allowing the Federal definition of beneficiary to be expanded to non human animals. Both New Jersey and Pennsylvania have adopted such statutes.
When a pet owner passes away, they often assume that the surviving heirs will be willing to take over the care of that animal, or that the state laws will assist in determining the care of the animal. But pet laws and pet owners do not take into account one key fact of modern life: Surviving adult children may be reluctant to carry out a parent's final wishes.
The cost of caring for a pet may be overwhelming when you put the numbers on paper. The average pet owner spends $400 per month over the lifetime of a pet. This calculates out to a total cost of $48,000 over the life of the animal. Costs incurred include grooming, food, medication, veterinary expenses, boarding, equipment and many others. Depending on the age and health of the animal this could become a very large burden on your heirs.
How Does a Pet Trust Function?
Just like any other trust, a pet trust is established to provide for the continual care of the animal during periods of the owners incapacity or death. The trust can be funded during your lifetime or upon death by including it in your will. The funds will be used to cover the economic burdens of the animal such as those mentioned above. A Trustee is named to take care of these funds and ensure that they are appropriately used for the continual care of your pet. These funds can be invested in a plan to ensure that the money can continue to grow and be available during the lifetime of the animal.
The second fiduciary appointed in a pet trust is a caretaker. The caretaker is an individual who will be responsible for the care of the animal during times of incapacity or once the owner has passed. Their responsibility is to look after the animal as the owner did for the animal's health, shelter, and care. Therefore you should consider only a trustworthy adult who is familiar with your animal and how you care for the pet, as well as someone who has experience in caring for pets. Although many of the caretaker's responsibility will be spelled out in the terms of the trust, it is best to discuss with the caregiver what your wishes are for the pet, as you would do with a designated Power of Attorney.
An Alternate Caregiver should be named in case something happens to your designated Caregiver. Your executor can also be provided with the power to designate a Caregiver if an opening arises. New Jersey statute provides that if no trustee is designated, or is willing or able to serve the court shall appoint a trustee in order to carry out the intent of the creator of the trust.[
What if I Over-fund the Pet Trust?
The terms of the trust will dictate where the money goes upon the passing of the last pet named in the trust. Although in some states courts have overturned a pet trust because it was over funded, the terms of the trust will likely control what happens to any excess funds. In New Jersey, the statutes allow the court to reduce the amount of the property transferred if it determines that the amount substantially exceeds the amount required for the intended use. The amount of any reduction shall be transferred as directed in the trust instrument or, if no such directions are contained in the trust instrument, to the estate of the creator of the trust.
Why is estate planning for pets necessary? Year after year, countless pets are left to a fate that their deceased or incapacitated owners would have never imagined, much less desired. Families with pets should get assistance from legal professionals when making formal arrangements. An attorney can assess your estate and help establish a plan which will ensure that your pet will be provided for during periods of incapacity or at death. Seek an estate planning professional who takes this issue seriously, and recognizes that the care of your pet is as important a part of your estate plan as any other issue they may consider necessary.
Begley & Bookbinder, P.C. is 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.
_____________________________
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
.
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 2007. 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 E231 December 17, 2006
Kenneth Vercammen's NJ Laws email newsletter E231
December 17, 2006
In this issue:
1 Gifts for friends and clients
2. FREEZING COLD HASH RUN
3. Holiday/ Christmas song links to lyrics
4. Christmas Carols instrumental Website
5. Recent case: Defense Can Comment on No Fingerprints.
1 Gifts for friends and clients
The Holiday / Christmas time is the Season for giving. Therefore, we have purchased numerous gifts for friends and clients.
Our Holiday gifts to friends such as you and clients:
Yellow T-Shirt "My attorney fights to win"
Can Coozies
Water Bottles
USA Key Chains
Refrigerator Magnet Clips
Stadium Cups
Wallet Size "What to do in accident"
USA lighter [light birthday candles]
Clients Only
- Desk Clock with alarm
- Knit collared shirt
Our gift to you. You will need to come to our office in Edison to pick them up. Please call the office and let our legal assistants know the date and time you will be coming in to pick up your free holiday gifts.
After December 25th, we will have some additional American Flag Calendar Cards available, and small pocket calendars. If you would like additional copies to give to friends, family, co-workers stop in our office. Share our Flag and support the USA - America is #1
2. FREEZING COLD HASH RUN
Sat. Jan. 6, 2007 10:00am
4 -6 MILE GROUP RUN
START: Ken Vercammen Law Office, 2053 Woodbridge Ave., Edison, NJ 08817 [near the Nixon Post Office]
COST: NO FEE TO RUN. Please bring a canned food donation for the St. James Food Bank. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense a humor is a must.
Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour.
This is trail running without the competition of a formal race. This is a complex and different course through woods, grass, swamp and marsh.
Details of 2007 run at
http://www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
Edison Freezing Cold Hash Run- New 2006 Photo links
http://groups.msn.com/RumsonHash/freezingcoldhash2006.msnw
See exciting photos from 2005:
http://groups.msn.com/RumsonHash/freezingcoldhash2005.msnw
2006 article-
http://ems.gmnews.com/news/2006/0111/Front_Page/022.html
3. Holiday/ Christmas song links to lyrics:
http://www.nevada.edu/~blake/Christmas.songs.html
Contents
1. Baby Just Like You
2. All I Want For Christmas Is My Two Front Teeth
3. Blue Christmas
4. Christmas Dinner
5. Christmas For Cowboys
6. Christmas In Killarney
7. Deck the Halls
8. First Christmas
9. Frosty the Snow Man
10 . Grandma Got Run Over By a Reindeer
11. Have Yourself A Merry Little Christmas
12. Here Comes Santa Claus
13. Holly Jolly Christmas
14. Saw Mommy Kissing Santa Claus
15. It's the most wonderful time of the year
16. I'll Be Home For Christmas
17. Jingle Bell Rock
18. Jingle Bells
19. Jolly Old Saint Nicholas
20. Let It Snow!
21. Merry Christmas Darling
22. Must Be Santa
23. Nuttin' For Christmas
24. Christmas Tree
25. Pine Cones And Holly Berries
26. Rocking around the Christmas Tree
27. Rudolph The Red-Nosed Reindeer
28. Santa Claus Is Coming To Town
29. Silver Bells
30. Sleep Well, Little Children
31. Sleigh Ride
32. Tennessee Christmas
33. The Christmas Song
34. The Little Drummer Boy
35. The Night Before Christmas
36. The Twelve Days of Christmas
37. Up On the Housetop
38. We Wish You A Merry Christmas
39. White Christmas
40. Winter Wonderland
4. Website: Christmas Carols instrumental
http://catholic.net/christmas_songs/template_channel.phtml?channel_id=17
The following songs were available:
Angels from the Realms of Glory
Angels we have Heard on High
Away in a Manger
Children, Go Where I send Thee
Christmas is now Drawing near at Hand
Christmas in the Trenches
Deck the Halls
Go Tell it on the Mountain
Good Christian Men, Rejoice
Good King Wenceslas
Hark the Herald Angels Sing
Here we come a Wassailing
I heard the Bells on Christmas Day
It came upon a Midnight Clear
Jingle Bells
Joy to the World
Oh Come all Ye Faithful
Oh Holy Night
Oh Little Town of Bethlehem
Silent Night
The First Noel
Twelve Days of Christmas
We Three Kings
We Wish You a Merry Christmas
What Child is This?
This is a great site with Holiday cheer:
http://holidays.blastcomm.com/
5. Recent case: Defense Can Comment on No Fingerprints. State v. Loyal 386 NJ Super. 162 (App. Div. 2006) Defense counsel may, during summation, call attention to the State's failure to present fingerprint evidence linking defendant to the crime. Source: 15 NJL 1620
_____________________________
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
December 17, 2006
In this issue:
1 Gifts for friends and clients
2. FREEZING COLD HASH RUN
3. Holiday/ Christmas song links to lyrics
4. Christmas Carols instrumental Website
5. Recent case: Defense Can Comment on No Fingerprints.
1 Gifts for friends and clients
The Holiday / Christmas time is the Season for giving. Therefore, we have purchased numerous gifts for friends and clients.
Our Holiday gifts to friends such as you and clients:
Yellow T-Shirt "My attorney fights to win"
Can Coozies
Water Bottles
USA Key Chains
Refrigerator Magnet Clips
Stadium Cups
Wallet Size "What to do in accident"
USA lighter [light birthday candles]
Clients Only
- Desk Clock with alarm
- Knit collared shirt
Our gift to you. You will need to come to our office in Edison to pick them up. Please call the office and let our legal assistants know the date and time you will be coming in to pick up your free holiday gifts.
After December 25th, we will have some additional American Flag Calendar Cards available, and small pocket calendars. If you would like additional copies to give to friends, family, co-workers stop in our office. Share our Flag and support the USA - America is #1
2. FREEZING COLD HASH RUN
Sat. Jan. 6, 2007 10:00am
4 -6 MILE GROUP RUN
START: Ken Vercammen Law Office, 2053 Woodbridge Ave., Edison, NJ 08817 [near the Nixon Post Office]
COST: NO FEE TO RUN. Please bring a canned food donation for the St. James Food Bank. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense a humor is a must.
Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour.
This is trail running without the competition of a formal race. This is a complex and different course through woods, grass, swamp and marsh.
Details of 2007 run at
http://www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
Edison Freezing Cold Hash Run- New 2006 Photo links
http://groups.msn.com/RumsonHash/freezingcoldhash2006.msnw
See exciting photos from 2005:
http://groups.msn.com/RumsonHash/freezingcoldhash2005.msnw
2006 article-
http://ems.gmnews.com/news/2006/0111/Front_Page/022.html
3. Holiday/ Christmas song links to lyrics:
http://www.nevada.edu/~blake/Christmas.songs.html
Contents
1. Baby Just Like You
2. All I Want For Christmas Is My Two Front Teeth
3. Blue Christmas
4. Christmas Dinner
5. Christmas For Cowboys
6. Christmas In Killarney
7. Deck the Halls
8. First Christmas
9. Frosty the Snow Man
10 . Grandma Got Run Over By a Reindeer
11. Have Yourself A Merry Little Christmas
12. Here Comes Santa Claus
13. Holly Jolly Christmas
14. Saw Mommy Kissing Santa Claus
15. It's the most wonderful time of the year
16. I'll Be Home For Christmas
17. Jingle Bell Rock
18. Jingle Bells
19. Jolly Old Saint Nicholas
20. Let It Snow!
21. Merry Christmas Darling
22. Must Be Santa
23. Nuttin' For Christmas
24. Christmas Tree
25. Pine Cones And Holly Berries
26. Rocking around the Christmas Tree
27. Rudolph The Red-Nosed Reindeer
28. Santa Claus Is Coming To Town
29. Silver Bells
30. Sleep Well, Little Children
31. Sleigh Ride
32. Tennessee Christmas
33. The Christmas Song
34. The Little Drummer Boy
35. The Night Before Christmas
36. The Twelve Days of Christmas
37. Up On the Housetop
38. We Wish You A Merry Christmas
39. White Christmas
40. Winter Wonderland
4. Website: Christmas Carols instrumental
http://catholic.net/christmas_songs/template_channel.phtml?channel_id=17
The following songs were available:
Angels from the Realms of Glory
Angels we have Heard on High
Away in a Manger
Children, Go Where I send Thee
Christmas is now Drawing near at Hand
Christmas in the Trenches
Deck the Halls
Go Tell it on the Mountain
Good Christian Men, Rejoice
Good King Wenceslas
Hark the Herald Angels Sing
Here we come a Wassailing
I heard the Bells on Christmas Day
It came upon a Midnight Clear
Jingle Bells
Joy to the World
Oh Come all Ye Faithful
Oh Holy Night
Oh Little Town of Bethlehem
Silent Night
The First Noel
Twelve Days of Christmas
We Three Kings
We Wish You a Merry Christmas
What Child is This?
This is a great site with Holiday cheer:
http://holidays.blastcomm.com/
5. Recent case: Defense Can Comment on No Fingerprints. State v. Loyal 386 NJ Super. 162 (App. Div. 2006) Defense counsel may, during summation, call attention to the State's failure to present fingerprint evidence linking defendant to the crime. Source: 15 NJL 1620
_____________________________
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
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