NJ Laws Email Newsletter E377

NJ Laws Email Newsletter E377 Kenneth Vercammen, Attorney at Law October 5, 2011

Office Phone Number: (732) 572-0500 www.njlaws.com In This Issue: 1. If Someone Dies Without A Will, Or the Will is Considered Invalid. 2. Commercial DWI Refusal and General Refusal Distinct Statutes. 3. Failure to be able to give Sufficient Breath Samples may be Refusal. 4. Welcome Fall 2011 Law Clerks 5. Welcome Fall 2011 Office Staff Attorneys 6. Next Events 7. Grass Cutting/Lawn Maintenance Needed 8. HELP WANTED- Clerk for Law Office

Greetings, 1. If someone Dies without a Will, or the Will is Declared Invalid because it was Improperly Prepared or is Not Admissible to Probate: * Additional expenses will be incurred and extra work will be required to qualify an administrator-Surety Bond, additional costs and legal fees * State law determines who gets assets, not you * Possible additional State inheritance taxes and Federal estate taxes * Judge determines who gets custody of your children * 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 don't you want to receive your assets? Who is not the best choice to raise your children, or safeguard a 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? 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. Commercial DWI Refusal and General Refusal Distinct Statutes. State v Nunnally 420 NJ Super. 58 (2011). In this appeal the court addressed the statute governing refusal by a commercial vehicle driver to submit to a breath test (CDL refusal), N.J.S.A. 39:3-10.24, and the general statute penalizing refusal to submit to a breath test (general refusal), N.J.S.A. 39:4-50.4a. The court held that a charge of CDL refusal or general refusal requires, as a predicate, an arrest under the corresponding DUI statute, N.J.S.A. 39:3-10.13 or N.J.S.A. 39:4- 50. Here, where defendant was arrested under the CDL statute, N.J.S.A. 39:3-10.13, and then refused to submit to a breath test, he could not be prosecuted for general refusal, N.J.S.A. 39:4-50.4a. The court also held that, because citing the wrong refusal statute is not a technical defect, R. 7:2-5, and because CDL refusal is not a lesser included offense of general refusal, R. 7:14-2, the State was precluded from amending the complaint to charge defendant with CDL refusal after the ninety-day statute of limitations expired. For future guidance, the court noted that a commercial vehicle driver whose conduct violates both the CDL and general DUI statutes may be arrested and charged under either or both statutes. 5-04-11 3. Failure to be able to give Sufficient Breath Samples may be Refusal. State v. Schmidt 206 NJ 71 (2011) Because defendant unequivocally consented to the breath test, his later failures to provide the necessary volume and length of breath samples did not render his earlier consent ambiguous or conditional. Thus, defendant remained among those who have consented and, hence, was not entitled to reading of the Additional Statement. 1. Central to the inquiry in this appeal are the dual questions of what and how much must be read to a defendant in the way of a Standard Statement before a refusal conviction will lie. Save for penalties that may be imposed under N.J.S.A. 39:4-50.4a, the substance of the standard statement has been delegated by the Legislature to the Executive Branch, pointedly not to the Judicial Branch. Once the question of what must be disclosed in the Standard Statement is laid to rest, the corollary question of how much must be disclosed seems self-evident: provided the Standard Statement clearly delineates the penalties for a refusal, the statutory mandates are satisfied. At this Court's behest, the Executive Branch added the Additional Statement at issue in this appeal, but limited its application solely to those certain delineated instances, including where a defendant's response is "ambiguous or conditional." Because defendant unequivocally consented to the breath test, his later failures to provide the necessary volume and length of breath samples did not render his earlier consent ambiguous or conditional. Thus, the Court is compelled to reject the Appellate Division's extension of the Additional Statement as unwarranted. Once consent is given, it cannot be vitiated, impeached or otherwise revoked by a defendant's unilateral actions aimed at defeating the testing process. To hold otherwise would result in a conclusion at odds with the clear purpose of the entire intoxicated driver statutory scheme. 2. No due process notice considerations have been raised by the parties to this appeal in respect of defendant's failure to submit to the test and, hence, the Court need not address that question. That said, for the avoidance of future doubt and to provide consistency of administration, the inclusion in the main body of the Standard Statement of a notice to a DWI arrestee that the failure to provide sufficient breath volume for a sufficient period of time will constitute a refusal to submit to the breath test is both reasonable and salutary. Therefore, the Court recommends to the Attorney General that the main text of the Standard Statement be supplemented to address such instances. 4. Kenneth Vercammen and Associates would like to welcome the following law clerks who are participating in this year's Fall Internship Program! Alexander Kim, who currently attends The College of New Jersey Bobbi Asper, who currently attends Rutgers University Nadya Comas, who currently attends Rutgers University Rania Ibrahim, who recently graduated from Montclair State University Nicole Wise, who recently graduated from Fordham Law School Reena Shah, who recently graduated from Benjamin Cardozo School of Law 5. Kenneth Vercammen and Associates would also like to welcome the following Office Staff Attorneys! Betram Okpokwasili, Esq. John Leschak, Esq. Frederick Aurelien, Esq. Andrew Gayed, Esq. 6. Next Events Oct. 8, 2011 Rutgers v Pitt 3:30 pm Oct. 9, 2011 Deal 5k Deal hot dogs & free beer, swim in Ocean after run. Bring a wet suit. Oct. 12, 2011 Freezing Cold Hash Volunteer meeting 7:45 at Mike's Courtside Sports Bar & Grill, 1 Elm Row New Brunswick, NJ 08901, Run with Raritan Valley RVRR in Highland Park first. Email Ken V if attending and what type of sandwich you want. Volunteers receive free admission to Freezing Cold Hash and Free Living Will. Oct. 15, 2011 Rat Race Saturday, 10:30am A hash style of running or walking 1 - 4 miles over woodland trails/swamp & stream followed by a fantastic party of beer, buns, burgers, pizza pie, music and games for prizes. Boston's, corner of Fisher Blvd. and Hooper Avenue Toms River, NJ http://www.facebook.com/event.php?eid=10150115430305704 Oct. 15, 2011 Heights Pride 5k Spring Lake Hts Oct. 15, 2011 Interlaken 5k 11am Oct. 16, 2011 Seaside Half Marathon & 5K 13.1 mile run, 10am, 13.1 walk, 9am, 5k 10:10 Seaside Park NJ Oct. 16, 2011 Sunday East Brunswick 1pm 5k & 10k RVRR well run event Road closed to traffic www.ebrr.org 7. Grass cutting/Lawn Maintenance Needed Brendan has returned back to U of Miami Florida. The office needs lawn cutting, weed-wacking and sidewalk edging for October. Please call 732-572-0500 with price quote. 8. HELP WANTED- Clerk for Law Office- envelope stuffing, misc. clerk duties Monday-Friday 2 hours per day Monday- Friday You pick the hours $6.00 per hour OTHER DUTIES -Adding client names to computer database, prepare letters, and work on client traffic ticket matters. -Preparation of legal documents on Computer and mail to courts -Telephone Answering -General Office duties in Law Office -Update mailing/ client lists and learn marketing -All other work needed including working on personal injury cases Must be dependable and committed to perfection. Call Law Office of Kenneth Vercammen & Associates Check out our website at www.njlaws.com to see what we are about. Editorial Assistance provided by Bobbi Asper. Ms. Asper is currently a senior at Rutgers University and is participating in our Fall Internship Program.

NJ Laws Email Newsletter E382

NJ Laws Email Newsletter E382 Kenneth Vercammen, Attorney at Law December 7, 2011

Office Phone Number: (732) 572-0500 www.njlaws.com In This Issue: 1. The Fast Approaching Medicare Deadline Keeps Seniors on Their Toes. By Dana E. Bookbinder, Esq. 2. Santa Claus Welcomes You to Claus.com 3. Website: Christmas Carols instrumental, Listen to on your Computer. 4. Pearl Harbor Day 5. Community Events

Greetings, 1. The Fast Approaching Medicare Deadline Keeps Seniors on Their Toes. By Dana E. Bookbinder, Esq. Seniors had to stay on their toes this fall being vigilant of their mail because the annual open enrollment period to make changes to their Medicare Advantage (Part C) and Medicare prescription (Part D) plans, which began on October 15, 2011 ends on December 7. In past years, seniors had until the end of December to switch or add Medicare policies, but as stated in the Medicare & You handbook mailed throughout the country earlier this year, the enrollment period was moved up. During the enrollment period, seniors may do the following: Switch from a traditional Medicare plan to a Medicare Advantage plan Switch back from a Medicare Advantage Plan to a Medicare plan Switch between Medicare Advantage plans (note that some offer drug coverage while others do not) Add or remove a Medicare prescription drug coverage plan Switch among Medicare prescription drug coverage plans For those who miss this deadline, there is a Medicare Advantage Disenrollment period from January 1, 2012 through February 14, 2012. During this period, it is possible to switch back from a Medicare Advantage plan to traditional Medicare or to add a Part D prescription plan, but options are more limited during this period. There are also special enrollment periods for individuals who have faced life changes such as losing insurance coverage or moving. Seniors who do not opt to make changes in their Medicare plans are automatically reenrolled in their current plans for 2012. Because options, coverage and premiums will be changing for 2012, Begley Law Group advises seniors to carefully read the Medicare & You handbook and make use of the many resources available to them. Those seeking information may call 1-800-MEDICARE (and www.cms.gov has additional information) or, if individuals are considering Medicare Advantage plans, which are offered by private insurance companies, they should contact the companies to get updated information. Each state has a SHIP program, which is a state health insurance assistance program that gives free information to Medicare beneficiaries. In New Jersey, the SHIP program number is 800-792-8820. Seniors may also contact Social Security at 800-772-1213, visit a local social security office or go to: www.socialsecurity.gov You will find that many websites aim to clarify the Medicare options. Note that different plans are offered in different locals, so for specific plan information, seniors need to contact their local resources. Seniors should be aware that under the new health care legislation, Medicare plans now cover an annual wellness visit (free) preventative care and offer free cancer screenings and bone mass measurements. Also, Medicare plans now offer coverage for 50% of the brand name prescription costs in the "donut hole" gap in prescription costs. In fact, the "donut hole" is scheduled to close entirely in eight years. In considering which plan best fits their needs, seniors also may wish to consider whether the doctors participating in their plan takes "assignment," which means that the doctor will accept Medicare's approved charges (the patient will still likely have a co-pay). If the doctor does not accept assignment, he must not charge more than 115% of Medicare's approved charge. Of course choosing the best Medicare plan requires an understanding of Medicare basics. Medicare Part A (for which you probably paid out of your earnings throughout your career) covers inpatient hospitalization, some home care, hospice, and limited skilled nursing facility care. Part B (for which beneficiaries generally pay a monthly premium out of their social security benefits offers medical insurance. It covers doctor services, outpatient care, laboratory tests, and physical or occupational therapy. Part C covers the Medicare Advantage plans. Medicare Advantage plans are offered by private insurers and may or may not cover prescriptions. They require you to have Medicare Parts A and B in place. Since some insurers are discontinuing their plans or modifying the benefits they offer, seniors must be vigilant and review any mail that their insurers may have sent so that they are aware of any dramatic changes in coverage. For instance, this year, Medicare beneficiaries will see increased coverage and lower premiums for these plans when they review their Medicare and You booklet. There is also a limit as to how much a covered individual will have to pay out of pocket under these plans (as opposed to traditional Medicare plans). Medicare Drug Plans are known as Medicare Part D plans and are only designed to cover prescriptions. They vary, and seniors are urged to compare plans. Medicare's website offers help in this comparative shopping and many pharmacies can offer help as well. Seniors are encouraged to call 1-800-MEDICARE or visit the website at: www.medicare.gov. Medigap policies are federally regulated policies offered by private insurers, which are meant to enhance traditional Medicare policies. Individuals interested in initially signing up for a Medigap policy have a 6-month window from the time they turn 65 and have Medicare Part B in place. The Medicare supplemental plans work alongside traditional Medicare plans is designed to cover the co-pays and deductibles. The supplemental plans themselves do not replace a prescription plan. Those who do not yet receive Medicare need to know that the Medicare program is designed to cover those who are 65, individuals who are under 65 but have a disability and have been receiving disability benefits for two years, those with end-stage renal disease, and those with Lou Gehrig's disease/ALS who receive Social Security benefits. Those who are just turning 65 and are enrolling in Medicare for the first time need not worry; the initial enrollment period for new beneficiaries begins three months before one turns 65 and extends 7 months, until three months after an individual's 65th birthday. Once an individual reaches age 65 and begins to collect Social Security Retirement benefits, he is automatically enrolled in Medicare Parts A and B, although he can opt out of Part B (but he will pay a lifelong surcharge if he later wishes to add back Part B). Those that miss their initial enrollment period can later sign up for Medicare during an annual open enrollment period between January and the end of March each year and most likely pay a higher premium (unless the reason you didn't sign up is because you were currently employed. In that case, you qualify to sign up during a special enrollment period.) Individuals with limited income should consult the Social Security website regarding a limited income subsidy to cover deductibles. They may also call Social Security. Of course, Medicare is an entirely different program from Medicaid, which is health insurance based on financial need subject to stringent asset and income rules. Unlike Medicaid, Medicare only covers extremely limited long term care and in most individuals' cases, does not cover any long-term care. Therefore, once individuals have settled on their Medicare insurance, for long term care that includes extended home care, assisted living, and nursing home coverage, it is necessary to investigate long term care insurance options, face private pay costs, or pursue Asset Protection Planning. Begley Law Group understands that seniors are often overwhelmed with options and unfortunately miss opportunities to plan adequately for their care and save assets. We are pleased to help educate our clients and guide them through a maze of choices that sound like legal alphabet soup. Source: Begley E-Lert Medicare Deadline Begley Law Group, 509 SoutLenola Road, Building 7, Moorestown, NJ 08057. tel 800-533-7227. Tom Begley has been a speaker at the Annual Nuts & Bolts of Elder Law program in April with Ken Vercammen, Esq. ____________________________________ 2. Santa Claus Welcomes You to Claus.com 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 3. Website: Christmas Carols instrumental, Listen to on your Computer. http://catholic.net/christmas_songs/template_channel.phtml?channel_id=17 The following songs are online: Angels from the Realms of Glory Angels we have Heard on High Away in a Manger Children, Go Where I send Thee Christmas is now Drawing near at Hand Christmas in the Trenches Deck the Halls Go Tell it on the Mountain Good Christian Men, Rejoice Good King Wenceslas Hark the Herald Angels Sing Here we come a Wassailing I heard the Bells on Christmas Day It came upon a Midnight Clear Jingle Bells Joy to the World Oh Come all Ye Faithful Oh Holy Night Oh Little Town of Bethlehem Silent Night The First Noel Twelve Days of Christmas We Three Kings We Wish You a Merry Christmas What Child is This? This is a great site with Holiday cheer: http://holidays.blastcomm.com/ _________________________________________ 4. Pearl Harbor Day My Dad was a kid in Jersey City when Americans heard President Roosevelt's speech on the radio..... "December 7, 1941-a date which will live in infamy-the United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan. The United States was at peace with that nation, and, at the solicitation of Japan, was still in conversation with its government and its emperor looking toward the maintenance of peace in the Pacific. Indeed, one hour after Japanese air squadrons had commenced bombing in the American island of Oahu, the Japanese ambassador to the United States and his colleague delivered to our secretary of state a formal reply to a recent American message. While this reply stated that it seemed useless to continue the existing diplomatic negotiations, it contained no threat or hint of war or armed attack. It will be recorded that the distance of Hawaii from Japan makes it obvious that the attack was deliberately planned many days or even weeks ago. During the intervening time the Japanese government has deliberately sought to deceive the United States by false statements and expressions of hope for continued peace. The attack yesterday on the Hawaiian Islands has caused severe damage to American naval and military forces. I regret to tell you that very many American lives have been lost. In addition, American ships have been reported torpedoed on the high seas between San Francisco and Honolulu. Yesterday the Japanese government also launched as attack against Malaya. Last night Japanese forces attacked Hong Kong. Last night Japanese forces attacked Guam. Last night Japanese forces attacked the Philippine Islands. Last night Japanese forces attacked Wake Island. And this morning the Japanese attacked Midway Island. Japan has, therefore, undertaken a surprise offensive extending throughout the Pacific area. The facts of yesterday and today speak for themselves. The people of the United States have already formed their opinions and well understand the implications to the very life and safety of our nation. As commander in chief of the Army and Navy I have directed that all measures be taken for our defense. But always will our whole nation remember the character of the onslaught against us. . ." Source: Courtesy of the Franklin D. Roosevelt Library, Hyde Park, New York. 5. Community Events December 10 Big Chill 5k Rutgers 9:10am New Brunswick NJ December 11 Toys for Tots 5K, 10am Freehold NJ FARC December 14 RVRR Raritan Valley Road Runner club elections December 17 Rumson hash trail run, not race December 17 RVRR Christmas Party December 21 Raritan Valley RVRR Pub Crawl New Brunswick, NJ December 31 Polar Bear Races 5k Asbury Park 5mi Run, 1pm, 732-222- 9080. Free Polar Plunge swim in Atlantic Ocean after race, then discount beer at Wonder Bar December 31, 5:30PM Distance of run/walk is about three miles. Course will be on the Asbury Park Boardwalk, and back to Porta Pizza ( www.pizzaporta.com), where the real fun begins. Pre-Registration (thru 12/20) $30.00 Late Registration (12/21 thru 12/30) $35.00 "Night of" Registration (if spots available) $38.00 JSRC Members early discounted fee $25.00 (due by 12/20) Check-in begins at 4:00pm at Porta, 911 Kingsley Ave, Asbury Park. More info at website: www.jsrc.org or, call Hotline at: 732-571-2162 NOTE: You need NOT be a runner or Jersey Shore Running Club member to participate. Runners, walkers and friends are all welcome. Pre-register online at: jerseyrunner.com No mail-in entry. Entry Fee includes a special clothing item (limit 300), designed by well known entrepreneur Dr. T-Shirt, one-hour open bar (draft beer, house wines, soda) buffet provided by Porta, and random prizes. Ring in the Irish New Year with the JSRC New Year's Eve with Southside Johnny & The Asbury Jukes Saturday, December 31, 2011, 9:00 PM Count Basie Theatre, Red Bank For the 13th time, Southside Johnny and the Asbury Jukes are back at the Basie for the best New Year's Eve party in town. The New Year's show traditionally features the full catalogue, from their latest CD, Pills and Ammo (2010), which The Star Ledger calls, "...arguably the hardest-rocking set the band has released in its 35 years of recording," to the hits and fan favorites, like "Trapped Again," "Havin' A Party," "I Don't Want To Go Home," "The Fever," "Love On The Wrong Side Of Town," "Hearts Of Stone" and "Talk To Me." http://www.countbasietheatre.org/calendar/show/showdate.asp?m=12&d=31&y=2011 Tickets: $99, $75, $49.50, $39.50, $29.50 January 1, 2012 New Years Day Hangover Run 5k 12-noon CJRR Westfield 1/1/2011 732-236-7651 Jan. 7, 2012 Freezing Cold Hash run & Party, Edison, NJ -Start Thomas Edison Park, 732-572-0500 Adventure trail run, not a formal race. Featured on TV News12 NJ and Cablevision. Skull shirt pick up Ken Vercammen Law Office, 2053 Woodbridge Ave, Edison