NJ Laws Email Newsletter E291
Kenneth Vercammen, Attorney at Law
December 30, 2008
In This Issue
_______________
1. Happy New Year!
2. FREEZING COLD HASH RUN--Sat. Jan. 3, 2009 10AM
START: Kenneth Vercammen Law Office
Volunteers needed 8-11am
3. New Year's Resolution - Put your Estate Planning in order.
4. No automobile search exception if no exigent circumstances. State v. Owens (App. Div. Decided March 28, 2008) 14-2-0078, Unpublished.
5. No Restraining Order where calls are not harassing. A.G. v. R.A.C (App. Div. Decided May 12, 2008) 14-2-0471, Unpublished.
--------------------------------------------------------------------------------
1. Happy New Year!
I would like to thank my friends for another banner year in 2008. 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 2009 bring happiness and good health to you and those you love.
2. FREEZING COLD HASH RUN
3 - 5 MILE GROUP RUN
Sat. Jan. 3, 2009 10:00am
START: Kenneth Vercammen Law Office
2053 Woodbridge Ave., Edison, NJ 08817
We need 3 volunteers to help set up at 8am, serve as bartenders at the open bar and pass out trail running instructions. You can volunteer even if you are not running. Free Yellow T-Shirt and beers for volunteers!
Tired of the same old neighborhood roads, traffic, bad drivers? Join the off-road runners for a great and unusual training run. See the swamps and wooded areas saved from development. The Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh. Wear old running shoes. Follow the trail to the finish.
$10.00 TO RUN. FREE YELLOW "MY ATTORNEY FIGHTS TO WIN" T-SHIRT AND ONE FREE DRINK TICKET FOR PRE REGISTRANTS. $13.00 DAY OF EVENT. VOLUNTEERS RECEIVE FOUR FREE DRINK COUPONS AND A YELLOW SHIRT! PLEASE BRING A CAN FOOD DONATION FOR THE ST. JAMES FOOD BANK. $5.00 FOR THE POST RUN SOCIAL HELD AT THE GREEN DERBY BAR, SITE OF THE "ON-ON" BREWS. FREE BEER FOR WOMEN 21-69. A fun time is guaranteed! You must be over 21 years old to participate. No awards are given and no times are recorded. A sense of humor is a must. Prizes and giveaways at the post race party!
Register online at www.active.com. See info at: www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
For details Call run "hare" Ken Vercammen (The runner in the red, white & blue flag shorts) at 732-572-0500 or email: kenvnjlaws@verizon.net
DIRECTIONS: http://www.njlaws.com/directions_to_office.htm
1.3 miles from Edison Train Station
Look for the Hash skull banner and guys in old running clothes.
PLEASE PASS THIS ALONG TO OTHER RUNNERS.
PLEASE REMIND THEM OF CANNED FOOD DONATIONS TO THE ST. JAMES FOOD BANK.
2008: the weather was 51° Two Beer & Spirit stops
Photos: http://groups.msn.com/RumsonHash/freezingcoldhash2008.msnw
2007: the weather was 70°
Photos: http://groups.msn.com/RumsonHash/freezingcoldhash2007.msnw
2006: the weather was 37°
Photos:
http://groups.msn.com/RumsonHash/freezingcoldhash2006.msnw?albumlist=2
Video: (News 12 TV Show) Freezing Cold Hash
2005: the weather was 41° and raining
Photos:
http://groups.msn.com/RumsonHash/freezingcoldhash2005.msnw
2004: the weather was 8° (really, really freezing cold)
Photos:
http://www.dotphoto.com/GuestViewImage.asp?AID=1280654&IID=38995334
2003: the weather was 5 inches of snow(Dismal Swamp, Edison)
Video: (Cablevision - TV Show) Dismal Swamp - Edison
2002: the weather was 14 inches of snow
Video (Cablevision - TV Show) Thomas Edison Park
3. New Year's Resolution - Put your estate planning in order.
You need a Power of Attorney and 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.
4. No automobile search exception if no exigent circumstances. State v. Owens (App. Div. Decided March 28, 2008) 14-2-0078, Unpublished.
On the state's appeal from a Law Division order that suppressed drug evidence seized following a warrantless search of an automobile, the appellate court affirms. Although the judge found that the police had probable cause not only to detain and arrest defendant, but also to search the vehicle, she concluded that the state failed to prove that the search fell within any of the exceptions to the warrant requirement. Particularly, she determined that (1) the search-incident-to-arrest exception was inapplicable because defendant had been detained in a courtyard, and then brought to the motor vehicle while in custody; (2) the automobile exception did not apply because, although the police had probable cause, there was an absence of exigent circumstances justifying the warrantless search; and, finally, (3) the drugs were not in plain view.
Source: 192 N.J.L.J. 53
5. No Restraining Order where calls are not harassing. A.G. v. R.A.C (App. Div. Decided May 12, 2008) 14-2-0471, Unpublished.
The trial court erred in granting a final restraining order because defendant's four phone calls over four weeks after the parties ended their dating relationship, which were not anonymous, offensively coarse or made at extremely inconvenient times, do not establish harassment under N.J.S.A. 2C: 33-4a.
Source: 192 N.J.L.J. 47
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in 2008. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
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 22 years of providing excellent service to clients 1985-2008" Former Prosecutor.
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 2008. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Tuesday, December 30, 2008
Tuesday, December 23, 2008
NJ Laws Email Newsletter E290, December 23, 2008
NJ Laws Email Newsletter E290
Kenneth Vercammen, Attorney at Law
December 23, 2008
In This Issue
_______________
1. Happy Holidays & Merry Christmas
2. Police may have immunity for a criminal arrest made in their presence. Virginia v. Moore 128 S.Ct. 1598 (2008) No. 06-1082
3. 30 year old uncounseled DWI Conviction could not enhance jail. State v. Binkiewicz 78 NJ 397 (App. Div. Decided May 6, 2008) A5613-06T4, Unpublished.
4. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks.
--------------------------------------------------------------------------------
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings Kenneth Vercammen,
1. Happy Holidays & Merry Christmas
In the true spirit of the holiday and Christmas season, may we all be thankful and share in the hope for peace on earth and goodwill toward all.
One of the pleasures during the holidays is the opportunity to thank our friends for their friendship.
We are also thankful for the confidence clients have shown in us, and the friends who have referred people to our office. We have purchased the following gifts this holiday season for our friends and clients:
T-Shirts "My attorney fights to win"
Can Coozies
Water Bottles
USA Key Chains
Refrigerator Magnet Clips
2008 Flag Calendar "America the Beautiful"
Wallet 2008 Calendar
Wallet Size "What to do in an Accident
Clients Only
Desk Clock with Alarm
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 to pick up your free gifts. If you would like additional copies of our USA Flag calendar to give to friends and/or family, stop in our office. Share our Flag and support the USA - America is #1!
2. Police may have immunity for a criminal arrest made in their presence. Virginia v. Moore 128 S.Ct. 1598 (2008) No. 06-1082
In a case raising the issue of whether a police officer violates the Fourth Amendment by making an arrest based on probable cause but prohibited by state law, the Supreme Court rules that warrantless arrests for crimes committed in the presence of an arresting officer are reasonable under the Constitution, and that while states are free to regulate such arrests however they desire, state restrictions do not alter the Fourth Amendment's protections.
3. 30 year old uncounseled DWI Conviction could not enhance jail. State v. Binkiewicz 78 NJ 397 (App. Div. Decided May 6, 2008) A5613-06T4, Unpublished.
Where defendant's first conviction for a DWI occurred more than 30 years ago, his testimony and certification that he did not know that he was entitled to counsel and was not asked if he wanted an adjournment to obtain counsel is sufficient under Laurick to establish that the conviction was uncounseled. Having found that the conviction was uncounseled, and since subsequent convictions exceeded the 10-year time span under N.J.S.A. 39:4-50(a)(3), the judge correctly applied the step-down provision and sentenced defendant as a second offender with respect to incarceration but as a third offender with respect to the administrative penalties after he pleaded guilty to his third DWI conviction.
Source: 192 N.J.L.J. 412
.
4. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks
No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The stores are responsible for the maintenance of their premises which are used by the public. It is the duty of the store to inspect and keep said premises in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to persons lawfully thereon.
The law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that the sidewalks abutting the property are reasonably safe for members of the public who are using them. In other words, the law says that the owner of commercial property must exercise reasonable care to see to it that the condition of the abutting sidewalk is reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the owner of commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.
If there was a condition of this sidewalk that was dangerous in that it created an unreasonable risk of harm for pedestrians, and if the owner knew of that condition or should have known of it but failed to take such reasonable action to correct or remedy the situation within a reasonable period of time thereafter as a reasonably prudent commercial or business owner would have done under the circumstances, then the owner is negligent.
If you are injured, after seeking medical treatment and advising the store/mall,
CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 For an Appointment
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in 2008. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
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 22 years of providing excellent service to clients 1985-2008" Former Prosecutor.
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 2008. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Kenneth Vercammen, Attorney at Law
December 23, 2008
In This Issue
_______________
1. Happy Holidays & Merry Christmas
2. Police may have immunity for a criminal arrest made in their presence. Virginia v. Moore 128 S.Ct. 1598 (2008) No. 06-1082
3. 30 year old uncounseled DWI Conviction could not enhance jail. State v. Binkiewicz 78 NJ 397 (App. Div. Decided May 6, 2008) A5613-06T4, Unpublished.
4. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks.
--------------------------------------------------------------------------------
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings Kenneth Vercammen,
1. Happy Holidays & Merry Christmas
In the true spirit of the holiday and Christmas season, may we all be thankful and share in the hope for peace on earth and goodwill toward all.
One of the pleasures during the holidays is the opportunity to thank our friends for their friendship.
We are also thankful for the confidence clients have shown in us, and the friends who have referred people to our office. We have purchased the following gifts this holiday season for our friends and clients:
T-Shirts "My attorney fights to win"
Can Coozies
Water Bottles
USA Key Chains
Refrigerator Magnet Clips
2008 Flag Calendar "America the Beautiful"
Wallet 2008 Calendar
Wallet Size "What to do in an Accident
Clients Only
Desk Clock with Alarm
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 to pick up your free gifts. If you would like additional copies of our USA Flag calendar to give to friends and/or family, stop in our office. Share our Flag and support the USA - America is #1!
2. Police may have immunity for a criminal arrest made in their presence. Virginia v. Moore 128 S.Ct. 1598 (2008) No. 06-1082
In a case raising the issue of whether a police officer violates the Fourth Amendment by making an arrest based on probable cause but prohibited by state law, the Supreme Court rules that warrantless arrests for crimes committed in the presence of an arresting officer are reasonable under the Constitution, and that while states are free to regulate such arrests however they desire, state restrictions do not alter the Fourth Amendment's protections.
3. 30 year old uncounseled DWI Conviction could not enhance jail. State v. Binkiewicz 78 NJ 397 (App. Div. Decided May 6, 2008) A5613-06T4, Unpublished.
Where defendant's first conviction for a DWI occurred more than 30 years ago, his testimony and certification that he did not know that he was entitled to counsel and was not asked if he wanted an adjournment to obtain counsel is sufficient under Laurick to establish that the conviction was uncounseled. Having found that the conviction was uncounseled, and since subsequent convictions exceeded the 10-year time span under N.J.S.A. 39:4-50(a)(3), the judge correctly applied the step-down provision and sentenced defendant as a second offender with respect to incarceration but as a third offender with respect to the administrative penalties after he pleaded guilty to his third DWI conviction.
Source: 192 N.J.L.J. 412
.
4. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks
No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The stores are responsible for the maintenance of their premises which are used by the public. It is the duty of the store to inspect and keep said premises in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to persons lawfully thereon.
The law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that the sidewalks abutting the property are reasonably safe for members of the public who are using them. In other words, the law says that the owner of commercial property must exercise reasonable care to see to it that the condition of the abutting sidewalk is reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the owner of commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.
If there was a condition of this sidewalk that was dangerous in that it created an unreasonable risk of harm for pedestrians, and if the owner knew of that condition or should have known of it but failed to take such reasonable action to correct or remedy the situation within a reasonable period of time thereafter as a reasonably prudent commercial or business owner would have done under the circumstances, then the owner is negligent.
If you are injured, after seeking medical treatment and advising the store/mall,
CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 For an Appointment
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in 2008. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
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 22 years of providing excellent service to clients 1985-2008" Former Prosecutor.
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 2008. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Tuesday, December 16, 2008
NJ Laws Email News E289 - December 16, 2008
NJ Laws Email Newsletter E289
Kenneth Vercammen, Attorney at Law
Kenneth Vercammen, Attorney at Law
December 16, 2008
In This Issue
_______________
1. Stadium Beer Vendor Liability Suit Settled For $23.5 Million.
2. Appellate Division Cannot Amend DWI Refusal Statement. State v. Spell 142NJ 514 (2008).
3. A Unique Holiday Gift Idea! Gift Certificates for Wills & Legal Services.
4. Spending Down Medicaid Planning By Thomas D. Begley, Jr., Esquire.
5. Holiday/ Christmas song links to lyrics.
6. Website: Christmas Carols instrumental - Listen to on your computer.
7. Needed: Outdoor Nativity Scene.
--------------------------------------------------------------------------------
1. Stadium Beer Vendor Liability Suit Settled For $23.5 Million.
The beer refreshment vendor at Giants Stadium agreed to pay $23.5 million to
settle the case of a girl paralyzed in a crash with a drunken football fan under
an 18-month-old secret agreement that an appeals court unsealed Wednesday at
the request of a public advocacy group. The court ruled that the settlement
paid by Aramark, Inc. to Antonia Verni couldn't remain confidential because
the girl's privacy was trumped by the presumption of open court records and
the public interest in her tragic case.
Source dailybriefing@njsba-njldailybriefing.com December 4, 2008
2. Appellate Division Cannot Amend DWI Refusal Statement. State v. Spell 142NJ 514 (2008).
The Court affirms defendant's conviction substantially for the reasons expressed
by the Appellate Division. The Court vacates that part of the Appellate Division's
holding that requires police officers to read the final, additional paragraph
of the standard statement whenever a defendant refuses to provide a breath sample
immediately upon request. The Legislature has vested in the Motor Vehicle Commission
the authority to determine the Standard Refusal Statement.
3. A Unique Holiday Gift Idea! Gift Certificates for Wills & Legal Services.
During the Holiday season, we often buy gifts for our family and friends. May
we suggest a holiday gift which truly shows how much you care?
Purchase a Will Gift Certificate for loved ones. Secure their interests and
make sure proper planning is done.
The Law Office of Kenneth Vercammen's Holiday special includes:
- A Will and consultation on Probate
- Brochures on Wills, Probate, Insurance
- A 3 year subscription to NJ Laws Email News
- All for only $300.00!
Call 732-572-0500 for the Gift Certificate.
4. Spending Down Medicaid Planning By Thomas D. Begley, Jr., Esquire.
The client who engages in Medicaid planning is usually a person of modest means
who has been diagnosed with an illness and therefore the option of long-term
care insurance is no longer available. A typical client may own a home and have
countable assets of between $100,000 and $400,000. Most clients' goals are as
follows:
1. To obtain the best quality of care for the institutionalized person
2. To maintain the standard of living of the community spouse, including providing
sufficient income and assets so that the community spouse can continue to reside
in the family home
3. Avoid Medicaid liens being placed on the home
4. Preserving a modest legacy for the children
5. Addressing tax issues, including:
· Federal and state income taxes
· Federal and state gift taxes
· Federal estate tax
· State estate tax
· State inheritance tax
At the beginning of the initial client meeting, the attorney must begin the
process of managing client expectations.
There are many strategies available to obtain or accelerate Medicaid eligibility.
Significant factors include whether the client is married; whether the client
is in crisis; the nature and extent of the client's assets; and the size of
the IRAs of the respective spouses.
Spending Down
Most states limit a Medicaid recipient to approximately $2,000 of countable
resources. One way to achieve this limit is to "spend down" all but
the permissible amount of countable resources. What clients typically want to
avoid is spending all of their assets on nursing home care. There are several
ways a client might spend down his assets.
Pay Off Debts
Repayment of a debt is not considered a transfer, because the individual is
receiving fair market value, and transfers are penalized only if the transferor
does not receive fair market value. Typical debts clients might have include
mortgages, home equity loans, car loans, and credit card bills. In order for
the spend down to be accomplished, the check must actually be written and delivered.
An outstanding debt is simply a liability that does not reduce assets for Medicaid
eligibility purposes.
Payment for Services
Payment for services, including medical bills and legal fees, does not constitute
a transfer. The services performed by the attorney are the value the client
receives for the payment. Therefore, there is no uncompensated transfer of funds.
Prepayment of Real Estate Taxes
In situations where the home is occupied by a community spouse it makes sense
to prepay real estate taxes. Since the home is occupied by the community spouse
it is a non-countable resource. Expenditure of the funds for payment of the
real estate taxes constitutes valid spend down.
Buy Household Goods or Personal Effects
Personal effects and household goods are excluded to the extent that the total
equity value of such resources does not exceed $2,000. In practice, Medicaid
does not appear to enforce the $2,000 limit.
The personal effects actually should be used by the community spouse. An excellent
example of a violation of the "pig principle" is a recent New Jersey
case. In that case, a 92-year-old grandmother was penalized for transfer of
assets. The grandmother lived in a nursing home and purchased a computer that
was kept at her granddaughter's home. The court held that there was no evidence
that the Medicaid applicant received anything of value for her $1,478.61 expenditure.
Make Home Improvements
Making home improvements is a way to convert countable assets (i.e., cash and
securities) into a non-countable asset (i.e., a personal residence). A home
and lot used as a principal residence are excludable resources.
Purchase New Home
Occasionally, when one spouse enters a nursing home, the community spouse decides
that the current home is too big and decides to move to a smaller home or a
condominium. Since the home is a non-countable resource, if the home is sold
and the proceeds of sale from the original principal residence are reinvested
into a more expensive home, the additional funds spent on the new home are converted
from a countable asset to a non-countable asset. This strategy relies on the
principal residence exemption.
Purchase Life Estate from Children
The Deficit Reduction Act-2005 exempts from the transfer of assets penalties
the purchase of a life interest in another individual's home if the purchaser
resides in the home for a period of at least one year after the date of the
purchase. The Act is silent as to how the life estate is to be valued, but elsewhere
there are references to the publication of the Office of Chief Actuary of the
Social Security Administration.
In a New Jersey case, a parent purchased a life estate in a child's house for
$126,665.10. The decision noted that a life estate entitles the person to use
and occupy the home. There was no evidence that the daughter or her family vacated
the home. The daughter and her family had no legal right to remain in the home
absent payment of rent.
The CMS Guidance contains some troubling language: "Unless a state has
a provision for excluding the value of life estates in its approved State Medicaid
Plan, or the property in which the individual has purchased a life estate qualifies
as the individual's exempt home, the value of the life estate should be counted
as a resource in determining Medicaid eligibility."
The child would not receive a Section 121 exclusion from the sale of a principal
residence, because he did not sell his entire interest in the residence.
Prepaid Funeral
Most states do not count funds in an irrevocable funeral trust as countable
assets. Also, most states do not have a dollar limit on the amount that can
be expended for the funeral. The monies must be put in an irrevocable trust;
the trust must be for the benefit of the Medicaid applicant; and the trust must
be established by an individual who reasonably anticipates applying for or receiving
Medicaid benefits.
An alternative to an irrevocable funeral trust is an irrevocable assignment
of a life insurance policy in exchange for funeral services of the same or greater
value as the cash surrender value of the policy. Funeral directors require a
paid-up policy.
Irrevocable policies issued by companies, such as Choices or Forethought, are
also acceptable to Medicaid and to most funeral homes. One of the nice features
of these policies is that insurance companies having significant assets back
them and they can be used in most funeral homes.
Purchase of burial spaces for adult children and their spouses do not constitute
transfers for Medicaid penalty purposes. The burial space resource exemption
applies to burial spaces for the Medicaid Applicant and also any member of his
or her immediate family. Immediate family means an individual's minor or adult
children, including adopted children and stepchildren, an individual's brothers,
sisters, parents, adoptive parents, and the spouses of those individuals. Neither
dependency nor living in the same household will be a factor in determining
whether a person is an immediate family member.
Purchase New Car
Frequently, when one spouse enters a nursing home, the other spouse is driving
an old car with high mileage. A good strategy is to have the community spouse
purchase a new car as part of the spend down. Under current law the best time
to purchase the car would be after the institutionalized spouse enters a nursing
home. Under federal law, the first $4,500 of the value of a car is excluded
from the calculation of countable assets. However, if the car is used for medical
transportation or transportation in connection with employment, the entire value
of the car is non-countable. Many states simply permit one car to be non-countable
regardless of value or use.
Copyright 2008 by Begley & Bookbinder, P.C., an Elder & Disability
Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey
and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm
services southern and central New Jersey and eastern Pennsylvania. Tom Begley
Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's
Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, martin
Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
The Firm provides services in connection with protecting assets from nursing
home costs, Medicaid applications, Estate Planning and Estate Administration,
Special Needs Planning and Guardianships. If you have a legal problem in one
of these areas of law, contact Begley & Bookbinder at 800-533-7227.
5. Holiday/ Christmas song links to lyrics.
Did you ever wonder what the actual words/ lyrics are to favorite songs and
carols? Here they are:
Christmas Song Lyrics (http://www.nevada.edu/~blake/Christmas.songs.html)
- A Baby Just Like You
- All I Want For Christmas Is My Two Front Teeth
- Blue Christmas
- Christmas Dinner
- Christmas For Cowboys
- Christmas In Killarney
- Deck the Halls
- First Christmas
- Frosty the Snow Man
- Grandma Got Run Over By a Reindeer
- Have Yourself A Merry Little Christmas
- Here Comes Santa Claus
- Holly Jolly Christmas
- I Saw Mommy Kissing Santa Claus
- It's the most wonderful time of the year
- I'll Be Home For Christmas
- Jingle Bell Rock
- Jingle Bells
- Jolly Old Saint Nicholas
- Let It Snow!
- Mary, Did You Know?
- Merry Christmas Darling
- Must Be Santa
- Nuttin' For Christmas
- Oh Christmas Tree
- Pine Cones And Holly Berries
- Rocking around the Christmas Tree
- Rudolph The Red-Nosed Reindeer
- Santa Claus Is Coming To Town
- Silver Bells
- Sleep Well, Little Children
- Sleigh Ride
- Tennessee Christmas
- The Christmas Song
- The Little Drummer Boy
- The Night Before Christmas
- The Twelve Days of Christmas
- Up On the Housetop
- We Wish You A Merry Christmas
- White Christmas
- Winter Wonderland
Christmas Carol Lyrics (http://www.nevada.edu/~blake/Christmas.carols.html)
- Angels From The Realm Of Glory
- Angels We Have Heard OnHigh
- Away In a Manger
- Bring A Torch, Jeanette Isabella
- Do You Hear What I Hear
- Far, Far Away on Judea's Plains
- Go, Tell It On The Mountain
- God Rest Ye Merry, Gentlemen
- Good Christian Men, Rejoice
- Hark! The Herald Angels Sing
- I Heard the Bells on Christmas Day
- It Came Upon The Midnight Clear
- Joy To The World
- O Come, All Ye Faithful
- O Holy Night
- O Little Town of Bethlehem
- Once In Royal David's City
- Silent Night
- The First Noel
- The Shepherd's Carol (round)
- We Three Kings of Orient Are
- What Child Is This?
- When Joseph Went To Bethlehem
- While Shepherds Watched Their Flocks
- With Wondering Awe
6. Website: Christmas Carols instrumental- Listen to on your computer.
http://catholic.net/christmas_songs/template_channel.phtml?channel_id=17
This is a great site with Holiday cheer: http://holidays.blastcomm.com/
7. Needed: Outdoor Nativity Scene.
A nativity scene, also called a crib or crèche (meaning "crib"
or "manger" in French) generally refers to any depiction of the birth
or birthplace of Jesus. The local Knight of Columbus members are looking for
used outdoor nativity scenes no longer being used or displayed, to give them
a new home.
Christian Nativity scenes usually show Jesus in a manger, Joseph and Mary in
a barn (or cave) intended to accommodate farm animals. A donkey and an ox accompany
them; besides the necessity of animals for a manager, this is an allusion to
Isaiah: "the ox knoweth his owner, and the ass his master's crib; but Israel
doth not know, my people doth not consider" (Is. 1:3). The scene sometimes
includes the Magi or Three Wise Men, shepherds, angels and the Star of Bethlehem.
The traditional scenes that show the shepherds and Magi together are of course
not true to the Bible story, since the Magi arrived much later (Luke 2:7-16).
(http://en.wikipedia.org/wiki/Nativity_scene)
If you have an unused Nativity scene, call Ken Vercammen at 732-572-0500
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in 2008. Our hope is that
every one of our current subscribers will sign up at least one friend as a new
subscriber to the NJ Laws Newsletter. If you know someone who would also like
to receive this email newsletter, please have them email us at newsletter@njlaws.com
or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
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 22 years of providing excellent service to clients
1985-2008" Former Prosecutor.
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 2008. You may pass along the information on the NJ
Laws Newsletter and website, provided the name and address of the Law Office
is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Wednesday, December 03, 2008
NJ Laws Email Newsletter E288 - December 3, 2008
Kenneth Vercammen, Attorney at Law
December 3, 2008
In This Issue
_______________
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.
2. Jury Awards $12.9 Million in Accutane Suit.
3. Cumberland Co. Hit with $1.5 Million Verdict for Road Injuries.
4. Community Events.
5. New articles on NJLaws.com.
6. Santa Claus Welcomes You to www.Claus.com.
7. Holly Jolly Christmas lyrics.
--------------------------------------------------------------------------------
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.
The Holiday/Christmas time is the Season for giving. We are helping raise food donations for the St. James Food Bank located at 2136 Woodbridge Ave, Edison, NJ.
We also offering to following gifts to friends and clients:
T-Shirts "My attorney fights to win"
Can Coozies
Water Bottles
USA Key Chains
Refrigerator Magnet Clips
2008 Flag Calendar- America the Beautiful
Wallet 2008 Calendar
Wallet Size "What to do in accident
Stop in our office during business hours.
2. Jury Awards $12.9 Million in Accutane Suit.
An Atlantic County jury awarded a total of $12.9 million on Wednesday to three people who developed inflammatory bowel disease after taking the acne medication Accutane as teenagers. Since 1984, manufacturer Hoffman-LaRoche Inc., with headquarters in Nutley, has included a reference to bowel problems in Accutane's instructions to prescribing doctors, but the suits claimed the company should have made the warnings stronger and also should have given warnings to users of the drug. The jury award consisted of $12.5 million in pain, suffering and disability and the remainder in future medical expenses.
Source: dailybriefing@njsba-njldailybriefing.com
Daily Briefing 11-21-08
3. Cumberland Co. Hit with $1.5 Million Verdict for Road Injuries.
A jury handed up a $1.5 million verdict for an injured motorcyclist on Wednesday, holding Cumberland County liable for failure to repair a dangerous road condition. Plaintiff Eugene Williams, of Bridgeton, hit a damaged section of a heavily wooded road in rural Downe Township at dusk and crashed to the ground, sliding almost a hundred feet and sustaining a closed head injury, ruptured spleen, lacerated liver and other wounds. The plaintiff's proofs showed the county had actual notice of the road's condition, having made several temporary but ineffective repairs over the prior three years.
Source:dailybriefing@njsba-njldailybriefing.com
November 24, 2008
4. Community Events.
12/17 Raritan Valley Road Runners RVRR Pub Crawl New Brunswick
12/20 RVRR Holiday Party
12/14 USATF-NJ 15k CHAMPIONSHIP, 11am Mercer County Park, West Windsor, 973-334-890
12/14 Toys for Tots 5k Freehold 10am
12/21 Winter Solstice 15k Johnson Park, Piscataway 9:30am Runnersmecca.com
12/28 Polar Bear Races 5k Asbury Park 5mi Run, 1pm, 732-222-9080 Free Polar Plunge swim in Atlantic Ocean after race, then drinks at Wonder Bar
12/31 New Years eve fun run & drinks Bar A, Belmar
1/3/09 Freezing Cold Hash run, Edison, NJ -Start Ken Vercammen Law Office, 2053 Woodbridge Ave, Edison 732-572-0500 Adventure trail run, not a formal race. Featured on TV News12 NJ and Cablevision.
Freezing Cold Hash Run
More details in next newsletter
Exciting Videos:
Freezing Cold Hash in the Snow on TV
Dismal Swamp Winter Hash on TV
5. New articles on NJLaws.com.
http://www.njlaws.com/alphabetical_index.htm
The Great Atlantic & Pacific Tea Company, Inc. Fall Downs
Walgreen Fall Downs
Estate Planning Interview Form
Guardianship Interview Form
Middlesex County Bar Association: Annual Awards Dinner - 3/19/08
"Pursuit of Justice" 5K.
Arnold Fishman and Jeff Gold win NJSBA Attorneys of the Year award 2008
Freezing Cold Hash Run - Dismal Swamp
Freezing Cold Hash Run - Snow
2008 Seasons Greetings/Merry Christmas from the Vercammen Family
Kenneth Vercammen Photo
Defense to Criminal Charges
Defense to Possession of Drugs/Controlled Dangerous Substances Charge in Municipal Court
6. Santa Claus Welcomes You to Claus.com.
WWW.CLAUS.COM is one of the top-rated Santa Claus websites and is known around the world.
Santa Claus 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. http://www.claus.com/index.php
7. Holly Jolly Christmas lyrics.
Have a holly, jolly Christmas,
It's the best time of the year
I don't know if there'll be snow,
But have a cup of cheer.
Have a holly, jolly Christmas,
And when you walk down the street,
Say "Hello" to friends you know
And everyone you meet.
Oh, Ho, the mistletoe,
Hung where you can see,
Somebody waits for you,
Kiss her once for me.
Have a holly, jolly Christmas,
And in case you didn't hear,
Oh by golly, have a holly,
Jolly Christmas this year.
December 3, 2008
In This Issue
_______________
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.
2. Jury Awards $12.9 Million in Accutane Suit.
3. Cumberland Co. Hit with $1.5 Million Verdict for Road Injuries.
4. Community Events.
5. New articles on NJLaws.com.
6. Santa Claus Welcomes You to www.Claus.com.
7. Holly Jolly Christmas lyrics.
--------------------------------------------------------------------------------
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.
The Holiday/Christmas time is the Season for giving. We are helping raise food donations for the St. James Food Bank located at 2136 Woodbridge Ave, Edison, NJ.
We also offering to following gifts to friends and clients:
T-Shirts "My attorney fights to win"
Can Coozies
Water Bottles
USA Key Chains
Refrigerator Magnet Clips
2008 Flag Calendar- America the Beautiful
Wallet 2008 Calendar
Wallet Size "What to do in accident
Stop in our office during business hours.
2. Jury Awards $12.9 Million in Accutane Suit.
An Atlantic County jury awarded a total of $12.9 million on Wednesday to three people who developed inflammatory bowel disease after taking the acne medication Accutane as teenagers. Since 1984, manufacturer Hoffman-LaRoche Inc., with headquarters in Nutley, has included a reference to bowel problems in Accutane's instructions to prescribing doctors, but the suits claimed the company should have made the warnings stronger and also should have given warnings to users of the drug. The jury award consisted of $12.5 million in pain, suffering and disability and the remainder in future medical expenses.
Source: dailybriefing@njsba-njldailybriefing.com
Daily Briefing 11-21-08
3. Cumberland Co. Hit with $1.5 Million Verdict for Road Injuries.
A jury handed up a $1.5 million verdict for an injured motorcyclist on Wednesday, holding Cumberland County liable for failure to repair a dangerous road condition. Plaintiff Eugene Williams, of Bridgeton, hit a damaged section of a heavily wooded road in rural Downe Township at dusk and crashed to the ground, sliding almost a hundred feet and sustaining a closed head injury, ruptured spleen, lacerated liver and other wounds. The plaintiff's proofs showed the county had actual notice of the road's condition, having made several temporary but ineffective repairs over the prior three years.
Source:dailybriefing@njsba-njldailybriefing.com
November 24, 2008
4. Community Events.
12/17 Raritan Valley Road Runners RVRR Pub Crawl New Brunswick
12/20 RVRR Holiday Party
12/14 USATF-NJ 15k CHAMPIONSHIP, 11am Mercer County Park, West Windsor, 973-334-890
12/14 Toys for Tots 5k Freehold 10am
12/21 Winter Solstice 15k Johnson Park, Piscataway 9:30am Runnersmecca.com
12/28 Polar Bear Races 5k Asbury Park 5mi Run, 1pm, 732-222-9080 Free Polar Plunge swim in Atlantic Ocean after race, then drinks at Wonder Bar
12/31 New Years eve fun run & drinks Bar A, Belmar
1/3/09 Freezing Cold Hash run, Edison, NJ -Start Ken Vercammen Law Office, 2053 Woodbridge Ave, Edison 732-572-0500 Adventure trail run, not a formal race. Featured on TV News12 NJ and Cablevision.
Freezing Cold Hash Run
More details in next newsletter
Exciting Videos:
Freezing Cold Hash in the Snow on TV
Dismal Swamp Winter Hash on TV
5. New articles on NJLaws.com.
http://www.njlaws.com/alphabetical_index.htm
The Great Atlantic & Pacific Tea Company, Inc. Fall Downs
Walgreen Fall Downs
Estate Planning Interview Form
Guardianship Interview Form
Middlesex County Bar Association: Annual Awards Dinner - 3/19/08
"Pursuit of Justice" 5K.
Arnold Fishman and Jeff Gold win NJSBA Attorneys of the Year award 2008
Freezing Cold Hash Run - Dismal Swamp
Freezing Cold Hash Run - Snow
2008 Seasons Greetings/Merry Christmas from the Vercammen Family
Kenneth Vercammen Photo
Defense to Criminal Charges
Defense to Possession of Drugs/Controlled Dangerous Substances Charge in Municipal Court
6. Santa Claus Welcomes You to Claus.com.
WWW.CLAUS.COM is one of the top-rated Santa Claus websites and is known around the world.
Santa Claus 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. http://www.claus.com/index.php
7. Holly Jolly Christmas lyrics.
Have a holly, jolly Christmas,
It's the best time of the year
I don't know if there'll be snow,
But have a cup of cheer.
Have a holly, jolly Christmas,
And when you walk down the street,
Say "Hello" to friends you know
And everyone you meet.
Oh, Ho, the mistletoe,
Hung where you can see,
Somebody waits for you,
Kiss her once for me.
Have a holly, jolly Christmas,
And in case you didn't hear,
Oh by golly, have a holly,
Jolly Christmas this year.
Subscribe to:
Posts (Atom)