In this issue:
1. Problems if you have no Will
2 .Recent cases: Sarcastic comment not a violation of domestic violence provisions. State v. Haas
3. Failure to charge harassment in complaint warrants reversal of domestic violence complaint despite harassing and abusive language
4. Rubbing crotch not lewdness. State v. Pinto
5. Upcoming events -Free Estate/ Financial Planning Seminar- Wednesday, May 24, 2006
1. Problems if you have no Will
If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:
* State law determines who gets assets, not you
* Additional expenses will be incurred and extra work will be required to qualify an administrator- Surety Bond, additional costs and legal fees
* Judge determines who gets custody of your children
* Possible additional State inheritance taxes and Federal estate taxes
* If you have no spouse or close relatives the State may take your property
* The procedure to distribute assets becomes more complicated
* It may also cause fights and lawsuits within your family
When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with Financial concerns.
Who dont you want to receive your assets
Who is not the best choice to raise your children, or safeguard your children's money for college. Do you want children, or grandchildren, to get money when they turn 18? Will they invest money wisely, or go to Seaside and play games.
THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH SHOULD BE INCLUDED IN A WILL:
1ST: DEBTS AND TAXES
2ND: SPECIFIC BEQUESTS
3RD: DISPOSITION TO SPOUSE
4TH: DISPOSITION OF REMAINDER OF ESTATE
5TH: CREATION OF TRUSTS FOR SPOUSE
6TH: CREATION OF TRUST FOR CHILDREN
7TH: OTHER BENEFICIARIES UNDER 21
11TH: SURETY OR BOND
13TH: AFTERBORN CHILDREN
14TH: PRINCIPAL AND INCOME
15TH: NO ASSIGNMENT OF BEQUESTS
17TH: CONSTRUCTION OF WILL
18TH: NO CONTEST CLAUSE
A will must not only be prepared within the legal requirements of the New Jersey Statutes but should also be prepared so it leaves no questions regarding your intentions.
I already have a Will. Why do I need a new one?
The Will you signed in 1977?
WHY PERIODIC REVIEW IS ESSENTIAL
Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will. Some of these are:
* Marriage, death, birth, divorce or separation affecting either you or anyone named in your Will
*Significant changes in the value of your total assets or in any particular assets which you own
* A change in your domicile
* Death or incapacity of a beneficiary, or death, incapacity or change in residence of a named executor, trustee or guardian of infants, or of one of the witnesses to the execution of the Will
*Annual changes in tax law
* Changes in who you like
MAY I CHANGE MY WILL?
Yes. A Will may be modified, added to, or entirely changed at any time before your death provided you are mentally and physically competent and desire to change your Will. You should consider revising your Will whenever there are changes in the size of your estate. For example, when your children are young, you may think it best to have a trust for them so they do not come into absolute ownership of property until they are mature. Beware, if you draw lines through items, erase or write over, or add notations to the original Will, it can be destroyed as a legal document. Either a new Will should be legally prepared or a codicil signed to legally change portions of the Will.
2 Recent cases:
Sarcastic comment not a violation of domestic violence provisions. State v. Haas, Appellate Division, (14-2-1822, Decided Oct. 21, 2005). Unpublished.
The court reverses defendant's conviction on a charge of domestic violence contempt, N.J.S.A. 2C:29-9b, for allegedly violating the terms of a domestic violence final restraining order. The comment made to the complainant-ex-wife during a cell phone conversation, as she waited for him to return and bring her daughter for visitation - to wit, "Why don't you go have another martini, you drunk. You like them up and straight" - did not constitute harassment. Moreover, the restraining order expressly permitted telephone contact between defendant and his ex-wife to address parenting and visitation issues, and the call - the second during the time period in question, wanting to know where defendant was - was initiated by the complainant. Defendant's sarcastic comments, made during a permitted call, cannot constitute the basis for a knowing violation of the restraining order. Source: New Jersey Law Journal October 31, 2005. Page 63.
3. Failure to charge harassment in complaint warrants reversal of domestic violence complaint despite harassing and abusive language. State v. Kolenda, Appellate Division, (14-2-1823, Decided Oct. 21, 2005). Unpublished.
In another case illustrating the difficulties of attempting to enforce restraining orders when the parties in a volatile relationship are permitted to speak with respect to parenting and visitation issues, the court reverses defendant's conviction in a charge of domestic-violence contempt, N.J.S.A. 2C:29-9b, for allegedly violating the terms of a domestic-violence final restraining order. Defendant, who had pulled into plaintiff's driveway for the purpose of picking up his children for visitation, became angry when plaintiff did not send out the children until the exact hour of scheduled visitation, and cursed and yelled at plaintiff in a brief cell phone call. The trial judge found that defendant's language was "harassing" and "abusive" in nature, thereby violating the restraining order. The panel reverses, agreeing with defendant's contentions that the trial court erred in (1) failing to advise him of his right to counsel; (2) allowing the testimony of one of plaintiff's friends, who was not previously disclosed by the prosecutor as a potential witness; (3) failing to advise the defendant that he had the right to remain silent; (4) concluding that the defendant was guilty of domestic violence harassment, when that specific offense was not charged in the complaint. [Source: New Jersey Law Journal October 31, 2005, Page 63.]
4. Rubbing crotch not lewdness. State v. Pinto, Appellate Division, A-1944-04T5, November 7, 2005, not approved for publication.
Conviction in the Law Division following a trial de novo of the disorderly persons offense of lewdness under N.J.S.A. 2C:14-4a reversed and remanded for entry of an order vacating the judgment of conviction and for entry of a judgment of acquittal; the defendant was observed "vigorously" moving his hand in his front pants pocket near his groin while standing in a store aisle behind two girls who had their backs to him; the evidence did not support a conviction under 2C:14-4a, which requires the commission of "any flagrantly lewd and offensive act," because there was no physical indicia of masturbation and because the "mere" touching or rubbing oneself, "however vigorous," near an intimate body part that is clothed is not "flagrantly lewd," even if it occurs on public. Source: Facts On Call Order No. 18781.
5. Upcoming events
Free Estate/ Financial Planning Seminar- Wednesday, May 24, 2006
What Happens When I’m Gone!!!??
JFK Medical Center– Conference Center
James Street, Edison New Jersey
Wednesday, May 24, 2006
2:30 p.m. – 4:00 p.m.
Refreshments will be served
How many times have you heard the following statements or something like them? “I don’t need a will, I have nothing to leave anybody!” “I want to do everything in my power to avoid probate!” “Probate is expensive, that’s why I have a Living Trust…to avoid it!” “If you don’t have a will everything goes right to the State.” Each of these statements is based on a misconception that can be very costly and create serious problems for both the deceased and those who are the surviving heirs. Additionally, if a person dies without a will the truth of the matter is that they do actually have one, and it is drawn up by the State in the form of the Laws of Intestacy. This “Will” is probably not going to satisfy the wishes of the family and it too may cause everyone involved serious problems. This workshop will deal with all of the questions, facts and misunderstandings associated with the Probate process and with the passing of assets to the next of kin. It will be instructive and help clarify how this process can be done correctly to satisfy all of the parties involve.
To inform and educate participants in the use of the various legal processes and devices to plan for the passing of assets to the next generation. It will also deal with the issues of properly planning for the care of children by appointing guardians, etc. Finally, it will also cover various ways of leaving something of significance behind which can benefit others for years to come. This discussion of philanthropic planned giving will demonstrate how a family can actually set up its own Foundation without being as ‘rich as Rockefeller.’
Robert J. Goellner CSA, CFP, ChFC, CLU
Joseph Bernheimer, CFP, ChFC
Lonnie Gietter, Financial Advisor
Attorney – Kenneth A. Vercammen, Esq.
◊ To reserve a seat contact the JFK Foundation at 732-632-1540
Ken V broke his collarbone while biking to train for triathlon. no running or karate for two- 4 weeks.
On May 27 I will cheer on runners at the Spring Lake 5
June 2,3,4 Elks Convention- Patriotism Parade; Pens, Matches, Cups
June 12 ICLE Mun Ct
June 16-18 Scranton-Reunion
June 11 Girl's Soccer ice-cream
June 24 Frog Hollow 5K Race
June 24 Elks Picnic - Can Holders
FRIENDS OF VERCAMMEN FAMILY
- BRENDAN VERCAMMEN PARTY- JUN 10 3PM
TO CELEBRATE BRENDAN'S MIDDLE SCHOOL GRADUATION, CONFIRMATION AND WINNING THE COUNTY WRESTLING CHAMPIONSHIP.
6. New webpages:
Video Voyeurism Not Peeping Violation. State v. Burke
Nurse Certificate Admissible with DWI Even Though No Notary. State v. DeFrank http://www.geocities.com/kenvnjlaw/StateVDeFrank.html
Thank You! Thank You! Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
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