NJ Laws Email Newsletter E296
Kenneth Vercammen, Attorney at Law
February 25, 2009
In This Issue:
_______________
1. Brendan
Vercammen
Wins Wrestling
District
Championship.
2. Division in dicta
Says All 3rd
Offense Unsafe
Have 4 Points.
3. Conflict of
Interest if Trial
Counsel Represents
Both Defendant
and Another Person
Who May Have
Committed Offense.
4. Defendant Should
be Present in Court
and Advised of the
Right to Appeal
Unless They Waive
Appearance.
5. D.V. Related
Assault Can Be
Expunged.
6. 2009 Metuchen
Public Defender
Volunteer
Internships.
1. Brendan Vercammen Wins Wrestling District Championship
South Brunswick's Brendan Vercammen (171) won the District 20
wrestling championship on February 21. He defeated a defending champ
from Old Bridge. South Brunswick's Joe Dougherty was named the
District 20 Coach of the Year.
Winning 2nd place and earning a trip to the Region 5 tournament were
Cody Shelcusky, Colin Preacher, Kevin Wadiak and James Pagano.
Finishing 3rd place and also participating in the Region 5 championships are
Tyler Jaramillo and Jeff Goldhagen.
The Regions are at North Hunterdon High School on Route 31 on
Tuesday, Friday & Saturday. Come out & support the team.
Joe Dougherty of South Brunswick led his squad to a third-place finish in
the Districts and a 19-9 record this season to be named district Coach of the
Year. Also helping this great team record were seniors Manny Ortiz, Edmund
Jasabe, Josh Weinstein, plus Mike Blaine and the super freshmen Fran White,
Drew Seroka, and Justin Lopez.
Home News Article:
http://www.mycentraljersey.com/apps/pbcs.dll/article?AID=2009902210354
Star Ledger Article:
http://www.nj.com/hssports/results/wrestling/index.ssf/2009/02/district_20_results_high_schoo.html
Wrestling Blog:
http://blogs.mycentraljersey.com/onthemat/?s=vercammen
Recent Cases:
2. Appellate Division in dicta Says All 3rd Offense Unsafe
Have Four Points. Patel v. MVC 403 NJ Super. 373 (App. Div. 2008).
New Jersey's unsafe driving statute, N.J.S.A. 39:4-97.2, provides that the
Motor Vehicle Commission shall assess the driver points for a third or
subsequent offense. The statute also affords relief from the assessment of points
when an offense is committed more than five years after a prior offense. In this
appeal, the court has construed that language to apply only to offenses that
occur after the third offense.
3. Conflict of Interest if Trial Counsel Represents Both Defendant
and Another Person Who May Have Committed Offense.
State v. Alexander 403 NJ Super. 250 (App. Div. 2008).
In this appeal, the court reversed the denial of post-conviction relief
because trial counsel's representation of both defendant and another individual,
who allegedly participated in crimes with defendant, placed counsel in a per se
conflict of interest. The court held that because the conflict arose between the
entry of a guilty plea but before sentencing, there was no cause to disturb the
plea, but that defendant was entitled to be resentenced following a determination
of what might have occurred had defendant sought to cooperate with law
enforcement regarding his alleged cohort.
4. Defendant Should be Present in Court and Advised of the Right
to Appeal Unless They Waive Appearance. State v. Taimanglo
403 NJ Super. 112 (App. Div. 2008).
Part III of the Rules govern municipal appeals in the Law Division.
Defendant must be afforded right to be present and allocution unless
waived on the record. He must also be advised of right to appeal and
State v. Molina, 187 N.J. 531 (2006) applies in the absence of adherence
to R. 3:21-4(h). The conviction in this case is affirmed because the remand
conducted pending the appeal permitted defendant to raise all issues in the
Law Division and the de novo review cured defects in the municipal court
proceedings.
5. D.V. Related Assault Can Be Expunged. In the Matter of the
Expungement of the Criminal Records of N.M.H.
___ NJ Super. ___ (Law Div. Decided January 17, 2008)
No. 14-3-2048
A person who has pleaded guilty to simple assault is not prevented
from having the offense expunged solely on the basis that it constitutes
an act of domestic violence.
6. 2009 Metuchen Public Defender Volunteer Internships
The Public Defenders provide Indigent individuals charged with
criminal or serious motor vehicle charges with free or limited cost
legal defense. The Public Defender of Metuchen invites students
interested in attending law school or a career in law enforcement to
apply to serve as volunteer interns. Volunteer Law Clerk interns will
attend Wednesday evening and Friday afternoon court sessions.
The Kenneth Vercammen & Associates Law Office in Edison also
offers a law clerk volunteer internship. Information regarding our Law
Office plus articles on some of the type of matters students may work
on can be found on the Internet website www.njlaws.com. Please post
these positions.
Interested students must mail or fax a cover letter indicating the internship
they are applying for and resume. If no personal cover letter by student, the
resume will not be considered.
Details on internships at: http://www.njlaws.com/intern.htm
VOLUNTEER LEGAL INTERNS NEEDED
PUBLIC DEFENDER OF METUCHEN
Court times: WEDNESDAY 3pm PM [approx]- 8:15 PM, Friday 9am,
plus hearing preparation work.
VOLUNTEER INTERNSHIP DESCRIPTION:
-INTERVIEW CLIENTS FACING CHARGES IN MUNICIPAL
COURT INCLUDING DRUG POSSESSION, DRUNK DRIVING,
ASSAULT, THEFT, DRIVING WHILE SUSPENDED AND OTHER
DISORDERLY AND TRAFFIC OFFENSES
-MAKE DEMANDS FOR DISCOVERY AND REVIEW POLICE
REPORTS
-ATTEND TRIALS AND LEARN FROM EXPERIENCED TRIAL
ATTORNEYS,
-PREPARE MOTIONS TO SUPPRESS AND MOTIONS TO DISMISS
-CONDUCT APPROPRIATE LEGAL RESEARCH
- ACQUIRE SKILLS IN CRIMINAL LAW AND PROCEDURE BY
ACTIVE PARTICIPATION
- PARTICIPATE IN PUBLIC RELATIONS ACTIVITIES and help
set up seminars
- Update Lists of Prosecutors, Judges and Attorneys for publication of
NJ Municipal Court Law Review
- Revise criminal and traffic law Articles and submit to Law Journals and
criminal law websites.
Volunteer to help indigent people charged with criminal and motor
vehicle offenses of magnitude. In additional to time in court, you will be
given research assignments. You can work more hours if you want. Help
people less fortunate than you who are down on their luck.
Program lasts 12 weeks. Minimum time commitment September-
May is 10 hours per week.
For Summer- College graduates and Law students only. Minimum
Volunteer time commitment in summer- 18 hours per week. Send cover
letter and resume. After sending resume, call to schedule interview
732-572-0500.
We sponsor a state wide website www.njlaws.com with information
on criminal, litigation, personal injury, and probate matters. It is helpful if
applicants have some familiarity with HTML programming, web page
design and maintenance and Internet technology. If you can update a website,
please indicate so in the first paragraph of your cover letter. This office is
committed to excellence and service to clients and the community. Applicants
must have attention to detail. We attempt to give assignments which will be
meaningful and memorable but, nevertheless, expect that interns will pitch in
on whatever needs to be done.
Mail or fax cover letter and resume to
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave., Edison, NJ 08817
Fax 732-572-0030
Thank you for reading our newsletter! God Bless America USA #1
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 23 years of providing excellent service to clients
1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past
clients. Please come into the office.
Editor's Note and Disclaimer:
All materials Copyright 2009. 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
Wednesday, February 25, 2009
NJ Laws Email Newsletter E295 February 12, 2009
NJ Laws Email Newsletter E295
Kenneth Vercammen, Attorney at Law
February 12, 2009
In This Issue
_______________
1. Herniated Disc
Not Always Permanent Injury.
2. Municipal Court cannot Access
Penalty for
Consumer Fraud.
3. Penalty cannot
be Enhanced if
Prior Statute was Ambiguous.
4. Failure of Owner
to Cooperate with Insurance Company can Void Coverage
5. February & March Community Events.
6. More Video & Legal podcast added to YouTube this week.
--------------------------------------------------------------------------------
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings Kenneth Vercammen,
1. Herniated Disc Not Always Permanent Injury.
Ames v. Gopal 12-09-08 A-2522-07T1
The Appellate Division held Plaintiff was not entitled at trial to an instruction that a herniated disc constitutes a permanent injury, entitling him to non-economic damages. The Appellate Division reduced Pardo v. Dominguez 382 N.J. Super. 489 (App. Div. 2006).
2. Municipal Court cannot Access Penalty for Consumer Fraud. State v. Tri-Way Kars, Inc. 402 NJ Super. 215 (App. Div. Decided August 5, 2008) A-1256-07T4
The court held that a municipal court had no jurisdiction under N.J.S.A. 56:8-14 to assess a penalty for an alleged Consumer Fraud Act violation in connection with the sale of a used motor vehicle because N.J.S.A. 56:8-14 only grants jurisdiction over penalty enforcement actions.
The court also held that the Central Municipal Court of Bergen County had no jurisdiction under N.J.S.A. 56:8-14.1 to assess such a penalty because that statute expressly limits jurisdiction over penalty assessment cases to municipalities "where the offense was committed or where the defendant may be found." Here, the offense was committed in South Hackensack where defendant conducted business and we concluded that this specific statute trumped the general power of the Assignment Judge to refer cases to the Central Municipal Court under N.J.S.A. 2B:12-1(e).
Finally, the court provided guidance for future actions respecting the insufficiency of the municipal court "Complaint-Summons SF-1 and SF-2" to adequately provide notice of the essential facts of a penalty assessment action, as opposed to a penalty enforcement action where the use of these forms has been approved by the Administrative Office of the Courts.
3. Penalty cannot be Enhanced if Prior Statute was Ambiguous. State v. Gelman 195 NJ 475 ( 2008) A-42
The current N.J.S.A. 2C:34-1 is insolubly ambiguous concerning whether a defendant can be charged with the fourth-degree crime of prostitution based on a prior petty disorderly persons conviction under the predecessor statute. The Court is thus compelled to apply the doctrine of lenity and dismiss the indictment.
4. Failure of Owner to Cooperate with Insurance Company can Void Coverage. Hager v. Gonsalves 398 NJ Super. 529 (App. Div. 2008) A-4293-06T1
The failure of both the operator and the owner of a motor vehicle to cooperate with the vehicle's insurer, thus preventing the insurer from ascertaining whether the operator was a permissive user at the time of the subject accident, may provide sufficient grounds for the insurer to disclaim coverage.
5. February & March Community Events:
Feb 21-Wrestling District Championships.
Brendan Vercammen made finals of Middlesex County Championships. Top record on team- 14 pins at 171, 189 & 215
Feb. 22 Irish Cocktail - K of C Avenel
Feb. 23 NJ Bar Municipal Court Meeting
MARCH - 2009
March 1 Belmar Parade (1st Sunday)
March 6 Friendly Sons Friday
March 8 St Patrick Parade - Woodbridge
March 28 NJSBA MUN 4-6
March 18 Middlesex Bar Awards Dinner - Sunny Palace, East Brunswick
March 23 Edison Chamber - Taste of Middlesex-Pines
6. More Video & Legal podcast added YouTube. We have added a weekly online podcast with a video/audio description of recent cases by the NJ Supreme Court and NJ Appellate Division and changes in Probate Law.
This week on the Kenneth Vercammen YouTube channel:
Inheritance Tax Returns
http://www.youtube.com/watch?v=cz1V3W1e1FA&feature=channel_page
Federal Estate & Gift Tax changes
http://www.youtube.com/watch?v=vCslLgdSalk&feature=channel_pag
Thank you for reading our newsletter! God Bless America USA #1
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 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Editor's Note and Disclaimer:
All materials Copyright 2009. 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
February 12, 2009
In This Issue
_______________
1. Herniated Disc
Not Always Permanent Injury.
2. Municipal Court cannot Access
Penalty for
Consumer Fraud.
3. Penalty cannot
be Enhanced if
Prior Statute was Ambiguous.
4. Failure of Owner
to Cooperate with Insurance Company can Void Coverage
5. February & March Community Events.
6. More Video & Legal podcast added to YouTube this week.
--------------------------------------------------------------------------------
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings Kenneth Vercammen,
1. Herniated Disc Not Always Permanent Injury.
Ames v. Gopal 12-09-08 A-2522-07T1
The Appellate Division held Plaintiff was not entitled at trial to an instruction that a herniated disc constitutes a permanent injury, entitling him to non-economic damages. The Appellate Division reduced Pardo v. Dominguez 382 N.J. Super. 489 (App. Div. 2006).
2. Municipal Court cannot Access Penalty for Consumer Fraud. State v. Tri-Way Kars, Inc. 402 NJ Super. 215 (App. Div. Decided August 5, 2008) A-1256-07T4
The court held that a municipal court had no jurisdiction under N.J.S.A. 56:8-14 to assess a penalty for an alleged Consumer Fraud Act violation in connection with the sale of a used motor vehicle because N.J.S.A. 56:8-14 only grants jurisdiction over penalty enforcement actions.
The court also held that the Central Municipal Court of Bergen County had no jurisdiction under N.J.S.A. 56:8-14.1 to assess such a penalty because that statute expressly limits jurisdiction over penalty assessment cases to municipalities "where the offense was committed or where the defendant may be found." Here, the offense was committed in South Hackensack where defendant conducted business and we concluded that this specific statute trumped the general power of the Assignment Judge to refer cases to the Central Municipal Court under N.J.S.A. 2B:12-1(e).
Finally, the court provided guidance for future actions respecting the insufficiency of the municipal court "Complaint-Summons SF-1 and SF-2" to adequately provide notice of the essential facts of a penalty assessment action, as opposed to a penalty enforcement action where the use of these forms has been approved by the Administrative Office of the Courts.
3. Penalty cannot be Enhanced if Prior Statute was Ambiguous. State v. Gelman 195 NJ 475 ( 2008) A-42
The current N.J.S.A. 2C:34-1 is insolubly ambiguous concerning whether a defendant can be charged with the fourth-degree crime of prostitution based on a prior petty disorderly persons conviction under the predecessor statute. The Court is thus compelled to apply the doctrine of lenity and dismiss the indictment.
4. Failure of Owner to Cooperate with Insurance Company can Void Coverage. Hager v. Gonsalves 398 NJ Super. 529 (App. Div. 2008) A-4293-06T1
The failure of both the operator and the owner of a motor vehicle to cooperate with the vehicle's insurer, thus preventing the insurer from ascertaining whether the operator was a permissive user at the time of the subject accident, may provide sufficient grounds for the insurer to disclaim coverage.
5. February & March Community Events:
Feb 21-Wrestling District Championships.
Brendan Vercammen made finals of Middlesex County Championships. Top record on team- 14 pins at 171, 189 & 215
Feb. 22 Irish Cocktail - K of C Avenel
Feb. 23 NJ Bar Municipal Court Meeting
MARCH - 2009
March 1 Belmar Parade (1st Sunday)
March 6 Friendly Sons Friday
March 8 St Patrick Parade - Woodbridge
March 28 NJSBA MUN 4-6
March 18 Middlesex Bar Awards Dinner - Sunny Palace, East Brunswick
March 23 Edison Chamber - Taste of Middlesex-Pines
6. More Video & Legal podcast added YouTube. We have added a weekly online podcast with a video/audio description of recent cases by the NJ Supreme Court and NJ Appellate Division and changes in Probate Law.
This week on the Kenneth Vercammen YouTube channel:
Inheritance Tax Returns
http://www.youtube.com/watch?v=cz1V3W1e1FA&feature=channel_page
Federal Estate & Gift Tax changes
http://www.youtube.com/watch?v=vCslLgdSalk&feature=channel_pag
Thank you for reading our newsletter! God Bless America USA #1
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 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Editor's Note and Disclaimer:
All materials Copyright 2009. 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
NJ Laws Email Newsletter E294 February 4, 2009
NJ Laws Email Newsletter E294
Kenneth Vercammen, Attorney at Law
February 4, 2009
In This Issue
_______________
1. Recent Cases:
State Pays $2
Million to Settle Trooper Fatal
Crash Suit.
2. No Civil Immunity for Father in Death
of 4 Year Old Who
was Left Strapped in Smoke Filled Car.
3. Supreme Court Orders New Trial against City in Negligence Lawsuit and Requires Proof of Palpably Unreasonable Actions by City Employee.
4.Executor Should Not be Removed without Proof of Fraud, Gross Carelessness, or Indifference to Duty.
5. 2009 Estate Tax Amounts Increased
6. New Video & Legal podcast added to YouTube this Week.
--------------------------------------------------------------------------------
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings Kenneth Vercammen,
1. Recent Cases - State Pays $2 Million to Settle Trooper Fatal Crash Suit.
The state has paid $2 million to settle a Cape May County suit on behalf of two sisters killed in a crash with a police cruiser on Sept. 27, 2006. Christina Becker, 19, and Jacqueline Becker, 17, were returning to their grandmother's home after a trip to a convenience store for milk when their minivan was broadsided by Robert Higbee's car as it ran a stop sign at the intersection of Stagecoach and Old Tuckahoe roads. Witnesses and other evidence showed Higbee was going 66 mph in a 35 mph zone in pursuit of another car but without siren or flashing lights. Settlement of the wrongful death suit by the girls' mother, Maria Caiafa, was reached last May but not made public until this week. Higbee faces trial in April on two counts of vehicular manslaughter.
Source: NJLJ Daily Briefing - 01/29/2009
njsba njldailybriefing.com
2. No Civil Immunity for Father in Death of 4 Year Old Who was Left Strapped in Smoke Filled Car. Thorpe v. Wiggan.
(A-1995-07T2) 1-29-09
A father who left his four-year-old child in a smoke-filled car strapped in a car seat, with no means of escape, is not entitled to parental immunity for the child's death. The father's actions do not implicate customary child-care issues or a legitimate exercise of parental authority or supervision.
Full opinion at: http://njlawspersonalinjury.blogspot.com/
Sunday, February 1, 2009
3. Supreme Court Orders New Trial Against City in Negligence Lawsuit and Requires Proof of Palpably Unreasonable Actions by City Employee. Ogborne v. Mercer Cemetery Corporation
(A-66/67-07) 1-29-09
The "Palpably unreasonable" standard of N.J.S.A. 59:4-2 applies to this cause of action because it concerns the physical condition of public property. In addition, the issues of proximate cause and comparative negligence must be retried because issues concerning the dangerous condition of the property and whether the City acted in a palpably unreasonable manner are intertwined with the issues of causation and foreseeability.
Full Opinion at: http://njlawspersonalinjury.blogspot.com/
Sunday, February 1, 2009
4. Executor Should Not be Removed without Proof of Fraud, Gross Carelessness, or Indifference to Duty. I/M/O Estate of Hnat, App. Div. 38-2-2604
The trial court's removal of appellant as executrix of the decedent's estate is reversed since the judge removed her based on assumed friction between her and the other beneficiaries without any showing that the relationship will or is likely to interfere materially with the administration of the estate or proof that the friction arose out of the trustee's behavior. Unpublished
Source: J NJLJ Daily Briefing January 30, 2009
Full Opinion at: http://njwills.blogspot.com
Sunday, February 1, 2009
5. 2009 Estate Tax Amounts Increased
When the calendar turned from 2008 to 2009, a change in the federal estate tax laws went into effect that is worth hundreds of thousands of dollars for some affluent families. The federal estate tax exemption - the amount of money you can leave to heirs other than a surviving spouse without its being subject to estate tax - rose from $2 million in 2008 to $3.5 million in 2009.
Estate assets above that limit are taxed at 45 percent, so this change offers considerable savings. If someone with a $3 million taxable estate died in December 2008, the estate would usually owe $450,000 in taxes - 45 percent of the $1 million above the exemption amount. If that same person died after New Year's, the estate would owe no federal estate tax (though it might owe state estate tax). In New Jersey, the Estate Tax starts at $675,000.
Current federal law calls for the estate tax to be repealed in 2010 and then restored with a $1 million exemption. Most tax attorneys doubt that it will be repealed. The potential revenue loss from one year without estate taxes could be tremendous," he says.
President-elect Barack Obama's campaign tax plan called for freezing the estate tax and exemption amount at 2009 levels.
Using exemptions to avoid tax
If you expect to leave assets worth less than $3.5 million, you probably won't have to worry about federal estate tax. If your estate is larger, it would be a good idea to meet with an estate-planning attorney. This is especially so for married couples with children. They can use the unlimited marital exemption to leave any amount to the surviving spouse without incurring estate taxes and establish trusts to minimize the tax impact on their kids.
Consider a married couple, each spouse with $2 million in assets. If their estate plans call for the surviving spouse to inherit everything, he or she would have $4 million. When the survivor dies, the children would inherit a $4 million estate, which is $500,000 over the limit (in 2009) and might incur $225,000 in estate tax.
Instead, the plan might be for each spouse to make bequests to the children. That would save $225,000 under current law, because no federal estate tax would be paid on each $2 million inheritance. However, the surviving spouse wouldn't have access to half of the marital assets.
Source: http://wealthlincnews.com/c.do?cid=1039601&oid=606800
http://saulsimon.com/cgi-bin/WebObjects/View
6. New Video & Legal podcast added to YouTube this Week. The Kenneth Vercammen Channel.
We have added a weekly online podcast with a video/audio description of recent cases by the NJ Supreme Court and NJ Appellate Division. The Kenneth Vercammen channel on Youtube.com is: http://www.youtube.com/user/kvercammen
Probate of a Will
http://www.youtube.com/watch?v=Kgb25k_LQEY&feature=channel_page
Changes to Estate Administration Law
http://www.youtube.com/watch?v=PQqI8aEa088&feature=channel_page
Duty of Executor of Will
http://www.youtube.com/watch?v=SJgLT-EYifA&feature=channel_page
Thank you for reading our newsletter! God Bless America USA #1
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 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Editor's Note and Disclaimer:
All materials Copyright 2009. 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
February 4, 2009
In This Issue
_______________
1. Recent Cases:
State Pays $2
Million to Settle Trooper Fatal
Crash Suit.
2. No Civil Immunity for Father in Death
of 4 Year Old Who
was Left Strapped in Smoke Filled Car.
3. Supreme Court Orders New Trial against City in Negligence Lawsuit and Requires Proof of Palpably Unreasonable Actions by City Employee.
4.Executor Should Not be Removed without Proof of Fraud, Gross Carelessness, or Indifference to Duty.
5. 2009 Estate Tax Amounts Increased
6. New Video & Legal podcast added to YouTube this Week.
--------------------------------------------------------------------------------
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings Kenneth Vercammen,
1. Recent Cases - State Pays $2 Million to Settle Trooper Fatal Crash Suit.
The state has paid $2 million to settle a Cape May County suit on behalf of two sisters killed in a crash with a police cruiser on Sept. 27, 2006. Christina Becker, 19, and Jacqueline Becker, 17, were returning to their grandmother's home after a trip to a convenience store for milk when their minivan was broadsided by Robert Higbee's car as it ran a stop sign at the intersection of Stagecoach and Old Tuckahoe roads. Witnesses and other evidence showed Higbee was going 66 mph in a 35 mph zone in pursuit of another car but without siren or flashing lights. Settlement of the wrongful death suit by the girls' mother, Maria Caiafa, was reached last May but not made public until this week. Higbee faces trial in April on two counts of vehicular manslaughter.
Source: NJLJ Daily Briefing - 01/29/2009
njsba njldailybriefing.com
2. No Civil Immunity for Father in Death of 4 Year Old Who was Left Strapped in Smoke Filled Car. Thorpe v. Wiggan.
(A-1995-07T2) 1-29-09
A father who left his four-year-old child in a smoke-filled car strapped in a car seat, with no means of escape, is not entitled to parental immunity for the child's death. The father's actions do not implicate customary child-care issues or a legitimate exercise of parental authority or supervision.
Full opinion at: http://njlawspersonalinjury.blogspot.com/
Sunday, February 1, 2009
3. Supreme Court Orders New Trial Against City in Negligence Lawsuit and Requires Proof of Palpably Unreasonable Actions by City Employee. Ogborne v. Mercer Cemetery Corporation
(A-66/67-07) 1-29-09
The "Palpably unreasonable" standard of N.J.S.A. 59:4-2 applies to this cause of action because it concerns the physical condition of public property. In addition, the issues of proximate cause and comparative negligence must be retried because issues concerning the dangerous condition of the property and whether the City acted in a palpably unreasonable manner are intertwined with the issues of causation and foreseeability.
Full Opinion at: http://njlawspersonalinjury.blogspot.com/
Sunday, February 1, 2009
4. Executor Should Not be Removed without Proof of Fraud, Gross Carelessness, or Indifference to Duty. I/M/O Estate of Hnat, App. Div. 38-2-2604
The trial court's removal of appellant as executrix of the decedent's estate is reversed since the judge removed her based on assumed friction between her and the other beneficiaries without any showing that the relationship will or is likely to interfere materially with the administration of the estate or proof that the friction arose out of the trustee's behavior. Unpublished
Source: J NJLJ Daily Briefing January 30, 2009
Full Opinion at: http://njwills.blogspot.com
Sunday, February 1, 2009
5. 2009 Estate Tax Amounts Increased
When the calendar turned from 2008 to 2009, a change in the federal estate tax laws went into effect that is worth hundreds of thousands of dollars for some affluent families. The federal estate tax exemption - the amount of money you can leave to heirs other than a surviving spouse without its being subject to estate tax - rose from $2 million in 2008 to $3.5 million in 2009.
Estate assets above that limit are taxed at 45 percent, so this change offers considerable savings. If someone with a $3 million taxable estate died in December 2008, the estate would usually owe $450,000 in taxes - 45 percent of the $1 million above the exemption amount. If that same person died after New Year's, the estate would owe no federal estate tax (though it might owe state estate tax). In New Jersey, the Estate Tax starts at $675,000.
Current federal law calls for the estate tax to be repealed in 2010 and then restored with a $1 million exemption. Most tax attorneys doubt that it will be repealed. The potential revenue loss from one year without estate taxes could be tremendous," he says.
President-elect Barack Obama's campaign tax plan called for freezing the estate tax and exemption amount at 2009 levels.
Using exemptions to avoid tax
If you expect to leave assets worth less than $3.5 million, you probably won't have to worry about federal estate tax. If your estate is larger, it would be a good idea to meet with an estate-planning attorney. This is especially so for married couples with children. They can use the unlimited marital exemption to leave any amount to the surviving spouse without incurring estate taxes and establish trusts to minimize the tax impact on their kids.
Consider a married couple, each spouse with $2 million in assets. If their estate plans call for the surviving spouse to inherit everything, he or she would have $4 million. When the survivor dies, the children would inherit a $4 million estate, which is $500,000 over the limit (in 2009) and might incur $225,000 in estate tax.
Instead, the plan might be for each spouse to make bequests to the children. That would save $225,000 under current law, because no federal estate tax would be paid on each $2 million inheritance. However, the surviving spouse wouldn't have access to half of the marital assets.
Source: http://wealthlincnews.com/c.do?cid=1039601&oid=606800
http://saulsimon.com/cgi-bin/WebObjects/View
6. New Video & Legal podcast added to YouTube this Week. The Kenneth Vercammen Channel.
We have added a weekly online podcast with a video/audio description of recent cases by the NJ Supreme Court and NJ Appellate Division. The Kenneth Vercammen channel on Youtube.com is: http://www.youtube.com/user/kvercammen
Probate of a Will
http://www.youtube.com/watch?v=Kgb25k_LQEY&feature=channel_page
Changes to Estate Administration Law
http://www.youtube.com/watch?v=PQqI8aEa088&feature=channel_page
Duty of Executor of Will
http://www.youtube.com/watch?v=SJgLT-EYifA&feature=channel_page
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KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
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website: www.njlaws.com
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