NJ LAWS EMAIL NEWSLETTER E482
Kenneth Vercammen, Attorney at Law
November 24, 2015
In this issue:
1. Happy Thanksgiving!
2.
Estate Planning
referenced in the Bible Isaiah 38:1.
3.
Do Your Estate
Planning Before the End of the Year
4.
Recent case can’t
expunge multiple crimes. In the Matter of the Expungement Petition of J.S.
5.
No good faith
exception to improper arrest State v. Shannon
6.
Next Charity Races
7.
ABA’s new book “Wills
and Estate Administration” By Kenneth Vercammen, Esq.
8.
Latest YouTube Videos
E482
1. Happy Thanksgiving!
Thanksgiving Day is a time to
reflect and express gratitude for all the good things that we have in our lives
and give thanks. I would like to thank you for giving us the
opportunity to help you and your family meet your goals so you can concentrate
your efforts on the important people and causes in your life. I recently
published my 3rd book for the American Bar Association. This is our book
acknowledgement:
My most important thanks is to
my wife Cynthia who helps me with everything. She handles the layout for the
New Jersey Wills and Estate Planning News and NJ Municipal Court Law Review as
well as our law office brochures. Cynthia let me work on the book and revising
forms during the Fall and weekends while she took care of the house, the children,
and the finances. It is great to have a loving wife. She supports almost
everything I do. She agreed to travel to ABA meetings and even attended my
early seminars. We have been together more than 25 years.
I am
grateful for my children, Brendan and Shannon. Both are exceptional students on
scholarship at college. I enjoyed watching as they excelled in sports and
academics. Working as a criminal lawyer, I am often saddened to see good
parents who have a child who is always in trouble. I am blessed by having great
kids.
My parents, Al and Carol, taught me right from wrong
and continue to be available to help, whether it’s been helping out with the
kids or bringing food at Christmas. Our new family dog, Lexi is excited every
morning to go for a run in the park to chase squirrels and other animals. The
dog makes definitely makes life more enjoyable.
Thank you to my long-time staff office manager, Mike
McDonald who runs the office smoothly so I can work on the book.
I thank Jay
Foonberg who invented marketing as an ABA Topic. He is the Babe Ruth of client
development. Jay Foonberg agreed to serve as a speaker for my first Annual
Meeting seminar in 1994 and has given me guidance every year. I recommend every
attorney buy and read his books, “How to Start and Build a Law Practice” and
“Getting and Keeping Good Clients”. His books were the basis for my success.
Read his book once a year to remind you who pays the bills.
I would like to thank Martin
Spigner Esq. of Cranbury, NJ who provides tax advice to me and handles the
referrals of estate tax issues. We have used his Irrevocable Trust form in this
book. I appreciate the guidance of Tom Begley Jr. who served as a speaker with
me for over a decade for the NJ Bar. Charles Sabatino, Chair of the ABA
Commission on Aging has been available to help me.
I am grateful for our clients.
Finally I thank the thousands of attorney who have attended programs I have
served as a speaker and who have found the program material were provided to be
useful.
2. Estate Planning referenced in the Bible Isaiah
38:1.
New American Standard 1977:
In those days Hezekiah became
mortally ill. And Isaiah the prophet the son of Amoz came to him and said to
him, “Thus says the LORD, ‘Set your house in order, for you shall die and not
live.’”
Jubilee Bible 2000:
In those days was Hezekiah sick
unto death. And Isaiah the prophet, the son of Amoz came unto him and said unto
him, Thus saith the LORD, Set thine house in order, for thou shalt die and not
live.
King James 2000 Bible:
In those days was Hezekiah sick
unto death. And Isaiah the prophet the son of Amoz came unto him, and said unto
him, Thus says the LORD, Set your house in order: for you shall die, and not
live.
3. Do Your Estate
Planning Before the End of the Year
Original source Martin M. Shenkman, PC
Summary: This is the year of the estate plan. Here's
some tips to make it really happen for you and your heirs:
If you snooze you lose: Lots of
folks have waited waaaay toooo long to address estate planning. Many are
finding out the hard way that most good advisers are too booked to help 'em.
But lots of folks that think they are well along the estate planning path are
still asleep at the switch and haven't followed up on many critical and time
sensitive components of what they (not their advisers) have to follow up on to
get their deals done. The hand holding your CPA, attorney, wealth manager may
have given you for planning in a prior year just ain't happening this round.
Everyone that is any good is really overwhelmed. Every pro will drop balls
because there are so many flying. To get your planning completed, and to get it
completed right, you have to follow up.
It's Crunch Time! OK Cap'n Crunch
if you have gift planning still in the hopper, and you hope to complete it
before year-end, time is of the essence. The estate planning “machine” of local
attorneys (e.g., who are needed for trusts in other states like Delaware),
appraisers (real estate, business, discount, etc.), CPAs (e.g., cash flow projections
which are essential for any note sale transaction or transfer of business
interest), corporate counsel (essential to obtain lender, lease and other
approvals and to draft the entity documentation essential to consummate a gift
of an entity interest), trust companies (to review and approve trusts, serve in
fiduciary capacities, open accounts), are all incredibly backlogged. Most
appraisers and attorneys will no longer take any new matters for the rest of
the year. The closer we get to Auld Lang Syne the more this backlog will grow.
It will become harder, if not impossible, to finish many yearly transactions.
Deadline May be Before Year End:
The election results, and President Obama's reiteration of this intent to have
the wealthy bear more tax, has an ominous tone for anyone in the process of
completing estate planning. No one knows what will happen in Washington. Many
of the steps to do so are in your hands and are your responsibility. Speedy
Gonzales gotta be your role model until New Years!
4. Recent case can’t expunge multiple crimes. In
the Matter of the Expungement Petition of J. S. 223 NJ 54 (2015)
The plain language of N.J.S.A.
2C:52-2(a) precludes expungement of convictions when the petitioner has been
convicted of multiple crimes, even when those crimes occurred within a short
span of time.
5. No good faith exception to improper arrest. State
v. Shannon 222 NJ 576 (2015)
The judgment of the Appellate
Division is affirmed by an equally divided Court. The arresting officer’s good
faith belief that a valid warrant for defendant’s arrest was outstanding cannot
render an arrest made in the absence of a valid warrant or probable cause
constitutionally compliant.
6. Next Charity Races
11/29 Navesink Challenge
15k & 5k 10am Post race at Red Bank Elks
12/5 Big Chill 5k Rutgers
New Bruns 9:05 http://recreation.rutgers.edu/big-chill/
12/6 Jingle Bell Run for
Arthritis 5k run/walk, 9:45 Metuchen NJ
12/13 Toys for Tots 5K 10am
Freehold NJ Tighe Park FARC
12/16 Raritan Valley Road
Runners Christmas Caroling & Pub crawl New Brunswick, NJ
https://www.facebook.com/groups/RVRoadRunners/
Saturday Dec. 19 at 10:00am The Super Santa
5K in Morris
If you are attending any of these
charity races, please call or email Ken V. Kenv@njaws.com Often we car pool or
meet at these events. I update this list at
http://vercammensport.blogspot.com/
7. ABA’s new book “Wills and Estate
Administration” By Kenneth Vercammen, Esq.
Straightforward and to-the-point, Wills
and Estate Administration provides step-by-step guidance that firms can use
to handle all aspects of an estates practice, from initial client intake to
closing the file. Topics are defined in six parts for ease of use:
Preparation for Wills/Estate Planning
Interviews
Interviewing Clients
Additional Estate Planning Issues
Estate Administration
Guardianship of Disabled or Incompetent Parents
Marketing Your Wills and Estate Administration
Practice
Making this an essential resource
for solo and small firm practitioners, the author includes numerous forms for
each topic, and they are also available for download online. The book is basic
and written to help new and transitional attorneys. In addition, tips on
practice management will help seasoned attorneys.
Author: Kenneth
A. Vercammen/Edison, NJ
Sponsor: Solo, Small
Firm and General Practice Division
Publisher: ABA
Book Publishing
List Price: $79.95
ABA Price: $69.95
ISBN:
978-1-63425-380-2
Product Code: 5150484
2015, 290 pages, 7 x 10, Paperback
ABA Service Hotline
800-285-2221 312-988-5000
Sample chapter
available at: http://shop.americanbar.org
"Have just finished Ken Vercammen's excellent
book on Wills, Estate Administration, and Guardianship. It is a very practical
book that examines the business of an estate and trust practice. This
step-by-step analysis is complete with forms and helps even the seasoned
practitioner streamline his practice."
-Thomas D. Begley, Jr., Esq.
Begley Law Office, NJ
8. Latest YouTube Videos
Removing an Executor of an
Estate:
Wills and Estate Planning in
NJ:
If you are happy with our services, please be sure to:
Like us and post your testimonial on Facebook:
https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/
Endorse us on LinkedIn:
https://www.linkedin.com/in/kennethvercammen
Editorial Assistance Provided by Juhi Duggirala. Ms. Duggirala is
participating in Ken Vercammen's Fall Internship Program and currently
attends Kean University.
Editor's Note and Disclaimer:
All materials Copyright 2015. You may pass along the information on the
NJ Laws Newsletter and website, provided the name and address of the Law Office
is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Website: www.njlaws.com
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