2053 Woodbridge Avenue - Edison, NJ 08817

Kenneth Vercammen is a trial attorney in Edison, NJ. He is a speaker at the annual Nuts & Bolts of Estate Administration & Elder Law program, American Bar Association General Practice Division. New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm

He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appears in Courts throughout New Jersey each week litigation and contested Probate hearings.

Mr. Vercammen has published over 150 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer.

Wednesday, October 26, 2016

E504 1. NJ Estate Tax to be eliminated on Estates under $2,000,000 as of January 1, 2017. 2. Edison Will Seminar, Nov. 3 and Nov. 14 3. Recent Cases: Search warrant did not permit search of persons off premises. 4. Upcoming Events.

NJ LAWS EMAIL NEWSLETTER E504
Kenneth Vercammen, Attorney at Law

October 26, 2016

In this issue:
1. NJ Estate Tax to be eliminated on Estates under $2,000,000 as of January 1, 2017.
2. Edison Will Seminar, November 3rd and November 14th.
3. Recent Cases: Search warrant did not permit search of persons
off premises.
4. Upcoming Charity Races.

1. NJ Estate Tax to be eliminated on Estates under $2,000,000 as of January 1, 2017.  
   
10/14/2016 Approved P.L.2016, c.57.
      NJ Chapter Law c.57. reduces the sales and use tax rate from 7 percent to 6.875 percent on January 1, 2017 and reduce the rate from 6.875 percent to 6.625 percent on January 1, 2018. The law will revise the special transition provisions for taxing sales transactions that extend across the tax rate change dates. 
     The law will phase out the estate tax over two rather than four years, by first replacing the current $675,000 threshold with a "true" exclusion amount established at $2.0 million for decedents dying on or after January 1, 2017, and then eliminating the estate tax for decedents dying on and after January 1, 2018.  The law will also eliminate provisions of the bill that provided for the imposition of the estate tax on the New Jersey property of nonresident decedents. 
     The law will cap the proposed increase in the gross income tax pension and retirement income exclusions to $100,000 for joint filers, $75,000 for individuals, and $50,000 for married but filing separately upon the full, four-year phase-in, by January 1, 2020, of the enhanced exclusion.  Under the law will, the phase in of the increase is as follows: 
 
Filer TypePresent 2017 2018
Joint$20,000 $40,000 $60,000
Individual$15,000 $30,000 $45,000
Separate$10,000 $20,000 $30,000
 
        The law will also eliminate the provision, for taxable years beginning on or after January 1, 2021, that allowed a taxpayer with income of more than $100,000 but not over $125,000 to exclude 50 percent of the amount of pension and retirement income otherwise allowed and a taxpayer with more than $125,000 but not more than $150,000 of gross income to exclude 25 percent of the amount otherwise allowed.
 
NJSA 54:38-1 is amended to read as follows:
     54:38-1.  a. In addition to the inheritance, succession or legacy taxes imposed by this State under authority of chapters 33 to 36 of this title (R.S.54:33-1 et seq.), or hereafter imposed under authority of any subsequent enactment, there is hereby imposed an estate or transfer tax:
     ..
     (2)   (a)   Upon the transfer of the estate of every resident decedent dying after December 31, 2001, but 2[after December 31, 2016,] before January 1, 2017,2 which would have been subject to an estate tax payable to the United States under the provisions of the federal Internal Revenue Code of 1986 (26 U.S.C. s.1 et seq.) in effect on December 31, 2001, the amount of which tax shall be, at the election of the person or corporation liable for the payment of the tax under this chapter, 
     For the transfer of the estate of each resident decedent dying on or after January 1, 2017, but before January 1, 2018, the exclusion amount is  $2,000,0002.
 
For the transfer of the estate of each resident decedent dying on or after January 1, 3[ 2020] 20183 , there shall be no tax imposed.
     3[(5)  Upon the transfer of the real or tangible personal property within New Jersey of each nonresident decedent dying on or after January 1, 2017, but before January 1, 2020, which tax shall bear the same ratio to the entire tax which that estate would have been subject to pursuant to subparagraphs (a) and (b) of paragraph (3) 2 and paragraph (4) 2 of this subsection if that nonresident decedent had been a resident of this State, and all of the decedent's property, real and personal, had been located within this State, as the taxable property within this State bears to the entire estate, wherever situated.]3
 
2. Edison Will Seminar, November 3rd and November 14th.
 
November 3 at 7pm Edison Clara Barton Library
Wills, Estate Planning & Probate Seminar 
New date and location 
141 Hoover Ave, Edison, NJ 08837   
 
November 14 Metuchen Library
Wills, Estate Planning & Probate Seminar
at 7:00pm Free community program 
480 Middlesex Ave. Metuchen, NJ 08840
3. Recent Cases: Search warrant did not permit search of persons  
off premises. State v. Bivins 226 NJ 1 (2016).
 

      Because the State did not provide adequate proof that the individuals found in a car had been present at the targeted residence when the warrant was being executed moments before their apprehension, the warrant did not provide authority for the search of the two off-premises individuals.

4. Upcoming Charity Races.

October 29, 2016
HoBOOken 5K & Scary Scurry
2016 Halloween Fun Run hobooken5k.com/ 
10:00 AM | Pier A Park 
co-sponsor by Wakefern Shoprite

November 6, 2016
RUN with the VIKINGS 5K 
10:00 AM | South Brunswick High School 11/6 
Bob Tona's Good Event 
 
November 6, 2016
Watch NY Marathon

November 13, 2016
Hashathon 6.6 Mile Cheesequake challenging, dangerous trails, free beer, best post race party with band. 
11:00 AM
732-542-6090 

November 19, 2016
Manasquan Turkey 5- mile Run  
11:00 AM
Party at taverns after race, discount beer.
Editorial Assistance Provided by Kwame Williams. Mr. Williams is participating in Ken Vercammen's Fall Internship Program and currently attends Felician University. 
 
Editor's Note and Disclaimer:
All materials Copyright 2016. 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

Monday, October 17, 2016


E503 1. Suppression where stop based only for high beam. State v. Scriven 226 NJ 20 (2016) 2. Third Party did not have authority to consent to search of premises. State v. Cushing 226 NJ 187 (2016) 3. Reasons to sign a Power of Attorney. 4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar. 5. Next Will & Estate Planning Programs

NJ LAWS NEWSLETTER E503 
Kenneth Vercammen, Attorney at Law

October 12, 2016

In this issue:
1. Suppression where stop based only for high beam. State v. Scriven 226 NJ 20 (2016)  
2. Third Party did not have authority to consent to search of premises. State v. Cushing 226 NJ 187 (2016) 
3. Reasons to sign a Power of Attorney. 
4. Handling DRug, DWI and Serious Cases in Municipal Court Seminar. 
5. Next Will & Estate Planning Programs.

1. Suppression where stop based only for high beam. State v. Scriven 226 NJ 20 (2016)     

The trial court and Appellate Division properly concluded that the motor-vehicle stop violated the Federal and State Constitutions. The language of the high-beam statute, N.J.S.A. 39:3-60, is unambiguous; drivers are required to dim their high beams only when approaching an oncoming vehicle. Neither a car parked on a perpendicular street nor an on-foot police officer count as an oncoming vehicle. The judgment of the Appellate Division upholding the trial court's suppression of the evidence is affirmed.
2. Third Party did not have authority to consent to search of premises. State v. Cushing 226 NJ 187 (2016)  
The record contains ample evidence to support the Appellate Division's conclusion that Betty Cushing did not have actual authority to consent to the search of defendant's room, and Betty could not have conferred through any power of attorney an authority that she did not possess herself. In addition, it was not objectively reasonable for Officer Ziarnowski to rely on an apparent authority by Mylroie as the basis for valid third-party consent to his initial search of defendant's bedroom.

3. Reasons to sign a Power of Attorney. 

A Power of Attorney allows your spouse or another person to administer your assets during your lifetime, either upon disability or now.The lack of a properly prepared and executed Power of Attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs. More info at http://www.njlaws.com/power_of_attorney.html In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your family or partner cannot pay your bills or handle your assets. The result can be lengthy delays. The term "durable" in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal.
New Jersey has a detailed, expensive legal procedure, called Guardianships or conservatorships, to provide for appointment of a Guardian. These normally require lengthy, formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action.
The procedures also require the involvement of a temporary guardian to investigate, even intercede, in surrogate proceedings. This can be slow, costly, and very frustrating. Advance preparation of the Power of Attorney could avoid the inconvenience and expense of guardianship proceedings. This needs to be done while the principal is competent, alert and aware of the consequences of his / her decision. Once a serious problem occurs, it is usually too late.
The Power of Attorney can be effective immediately upon signing or only upon disability. Most people who give a Power of Attorney to someone else do it with the thought that if they should become ill or incapacitated or if they should travel, the Power of Attorney will permit the holder of it to pay their bills and to handle all of their affairs for them as limited in the Power of Attorney.
 
4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar.
October 24 5:30PM-9:00PM
NJ Law Center, New Brunswick
Sponsored by the NJ State Bar Association NJSBA
Speakers:                                                                                                       
Norma M. Murgado, Esq., 
      Chief Prosecutor- Elizabeth; Assistant Prosecutor-Woodbridge
Tara Auciello                      
      Edison Prosecutor
Kenneth Vercammen, Esq., 
      Past Municipal Court Attorney of the Year             
John Menzel, Esq.,                                                                                                   Past Chair Municipal Court Section
William Brigiani                                                                                                       Past MCBA Municipal Court Attorney of the Year
         
Tuition l $170- $190 tuition depending on NJSBA membership Seminar #ICCRM150716 http://tcms.njsba.com/PersonifyEbusiness/Default.aspx?TabID=1699&productId=8428659 Location: New Jersey Law Center
                                                                                                            
Municipal Court Judges can attend for ½ price. Full time Judges attend for free. Law students can attend for free [dinner, book, CD not included.] For Fees and information visit http://www.njicle.com or call NJ ICLE (732) 214-8500

5. Next Will & Estate Planning Programs.


October 17 
South Brunswick Library 
Wills, Estate Planning, & Probate Seminar at 7pm 
Free community program 
110 Kingston Lane Monmouth Junction, NJ, 08852 southbrunswicklibrary@gmail.com 
SPEAKER: Kenneth Vercammen, Esq. Edison, NJ Author ABA Wills & Estate Administration
All open to the public. You don't have to be a town resident to attend.

November 3 at 7pm
Edison Clara Barton Library
Wills, Estate Planning, & Probate Seminar 
New date and location
Free community program
Clara Barton Library, 141 Hoover Ave, Edison, NJ 08837 (732)-738-0096
For info call (732)-287-2298 x 228
To register go to http://www.edisonpubliclibrary
Editorial Assistance Provided by Kwame Williams. Mr. Williams is participating in Ken Vercammen's Fall Internship Program and currently attends Felician University. 
Editor's Note and Disclaimer:
All materials Copyright 2016. 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

Monday, October 10, 2016

E502 1.Prosecutor must provide videotape and audiotape plus names of officers from other towns involved in stop State v. Stein 225 NJ 582 (2016) 2. October Library Estate Planning programs. 3. HELP WANTED- Clerk for Law Office- envelope stuffing, misc. clerk duties Oct 5- Dec 10 4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar 5. Alcotest DWI Breath Test Coordinator N.J. State Police Sergeant Charged With Records Tampering in DWI Cases For Failure To Conduct Proper Tests of Breath Machines

NJ LAWS EMAIL NEWSLETTER E502
Kenneth Vercammen, Attorney at Law

September 29, 2016


In this issue:
1. Prosecutor must provide videotape and audiotape plus names of officers from other towns involved in stop. State v. Stein 
2. October Library Estate Planning programs. 
3. HELP WANTED- Clerk for Law Office - envelope stuffing, misc. clerk duties Oct 5 - Dec 10.
4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar.
5. Alcotest DWI  Breath Test Coordintor N.J. State Police Sergeant Charged With Records Tampering in DWI Cases For Failure To Conduct Proper Tests of Breath Machines.

1. Prosecutor must provide videotape and audiotape plus names of officers from other towns involved in stop. State v. Stein 225 NJ 582 (2016).
  
   Under Rule 7:7-7(b), the municipal prosecutor was required to provide defendant with the names of the police officers from the adjacent jurisdiction who responded to the accident scene. Because, when the prosecutor failed to provide the information, defendant did not raise this issue before the municipal court, or seek relief under the Rule, the issue has been waived. The prosecutor was also required to provide the videotapes that defendant requested, if they existed, since such information was clearly relevant to a DWI defense. Because the Court cannot determine from the record whether any videotapes exist, the matter is remanded to the Law Division for further proceedings on this issue. 
2. October Library Estate Planning programs.
Thursday, October 6th at 7PM
Wills, Probate & Estate Administration in NJ Seminar
East Brunswick Public Library
2 Jean Walling Civic Center East Brunswick, NJ 08816
October 11, 2016 at 1pm
Wills & Power of Attorney Seminar
Old Bridge Library
1 Old Bridge Plaza Old Bridge NJ 08857
October 13 at 7pm
Wills & Power of Attorney Seminar
Piscataway Library Kennedy Branch
500 Hoes Lane Piscataway NJ 08854
South Brunswick Library
Wills, Estate Planning & Probate Seminar
October 17 at 7pm   Free community program
110 Kingston Lane                   
Monmouth Junction NJ 08852  southbrunswicklibrary@gmail.com

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ
                  Author ABA Wills & Estate Administration
        All open to the public. You don't have to be a town resident to attend.
3. HELP WANTED - Clerk for Law Office - envelope stuffing, misc. clerk duties Oct 5 - Dec 10
Monday-Friday
2-3 hours per day  Monday- Friday     start 8:55am
$8.50 per hour
        OTHER DUTIES
-Adding client names to computer database, prepare letters, and work on client traffic ticket matters.
- Preparation of 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 litigation cases
 Must be dependable and committed to perfection. 
     A good way to learn Law Office procedures
Call Law Office of Kenneth Vercammen & Associates at 732-572-0500
Check out our website at www.njlaws.com to see more information on our law office.
4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar.
October 24 5:30PM-9:00PM
NJ Law Center, New Brunswick
Sponsored by the NJ State Bar Association NJSBA
Speakers:                                                                                                       
Norma M. Murgado, Esq., 
      Chief Prosecutor- Elizabeth; Assistant Prosecutor-Woodbridge
Tara Auciello                      
      Edison Prosecutor
Kenneth Vercammen, Esq., 
      Past Municipal Court Attorney of the Year             
John Menzel, Esq.,                                                                                                   Past Chair Municipal Court Section
William Brigiani                                                                                                       Past MCBA Municipal Court Attorney of the Year
                                                                                                                      
Municipal Court Judges can attend for ½ price. Full time Judges attend for free.
        Please share with your Judge, Prosecutor, Public Defender and Court Staff.  For fees and information visit http://www.njicle.com or call NJ ICLE (732) 214-8500  Law enforcement can attend same cost as attorney.

5. Alcotest DWI Breath Test Coordinator N.J. State Police sergeant charged with records tampering in DWI cases for failure to conduct proper tests of breath machines.

    A New Jersey State Police sergeant has been charged with records tampering for allegedly skipping a required step in the calibration of alcohol breath-testing devices, documents show. 
The disclosure could open up more than 20,000 DWI cases to court challenges, according to a copy of a letter sent to court administrators and obtained by NJ Advance Media on Monday.
     Sgt. Marc Dennis, a coordinator in the State Police Alcohol Drug Testing Unit, is accused of third degree tampering with public records and fourth degree falsifying or tampering with records, according to the letter, sent Monday by the state Division of Criminal Justice, which brought the charges.  
   Elie Honig, the division's director, wrote that Dennis was accused of deliberately omitting a step in re-calibrating three Alcotest devices - more commonly known as breathalyzers - which are used to test the intoxication level of accused drunken drivers. Dennis' attorney, Robert Ebberup, said Monday his client denies the charges and plans to plead not guilty.
    Lt. Brian Polite, a spokesman for the State Police, said Monday that Dennis' behavior was noticed by his supervisor and "immediately reported" to the division's internal affairs unit, the Office of Professional Standards. 
"Once it was determined that there was a possibility of criminal charges being filed, it was then referred to Division of Criminal Justice," he said. 
Honig said the alleged omission does not undermine the scientific credibility of any State Police test results.
   But Dennis calibrated Alcotest instruments in Middlesex, Monmouth, Ocean, Somerset, and Union counties over the course of seven years, and state authorities have identified 20,667 individual cases involving devices he handled, according to the letter.
    The accusation could create a tangle of litigation similar to another State Police case involving a drug lab technician, Kamalkant Shah, who was accused of falsifying test results in a single marijuana case, bringing nearly 15,000 drug cases into question.
As in the drug lab case, the Attorney General's Office has requested a judge be appointed as a "special master" to field the potential glut of appeals.
  State authorities allege that Dennis falsely certified to performing temperature checks when recalibrating the Alcotest devices, which were used in two DWI cases before being taken out of service.
    Honig said that step, while not scientifically necessary, is required under a procedure developed by the State Police's chief forensic scientist. That procedure was created to comply with a state Supreme Court decision regarding the admissibility of DWI test results in court, known as State v. Chun, the letter said. "The breath test results were not relied upon in reaching the disposition of these two cases," Honig wrote. "We have notified defense counsel in those cases of the circumstances described in this letter."
   Dennis was suspended without pay on Monday, according to Polite. Ebberup, the sergeant's attorney, said he could not yet comment on the specific charges but was preparing to "mount a vigorous defense."



Editorial Assistance Provided by Kwame Williams. Mr. Williams is participating in Ken Vercammen's Fall Internship Program and currently attends Felician University. 
Editor's Note and Disclaimer:
All materials Copyright 2016. 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