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In this Issue:
1. 2018 update Wills and Estate Planning- Free Seminar
Jan. 11th
2. Veterans are eligible for a $3,000 exemption on your Income Tax
3. Fun Upcoming Running Races & Charity Events
4. New cases: Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct.
5. Strip search after marijuana arrest not permitted.
1. 2018 update Wills and Estate Planning- Free Seminar
January 11 Thursday
12:15-1:00 PM and again 5:00-5:15pm
Law Office of Kenneth Vercammen,
2053 Woodbridge Ave, Edison, NJ 08817
COST: Free if you pre-register by email. Complimentary materials provided at 12:00 sharp. Free sandwiches for past and current clients from Craig's Deli.
We previously held this seminar for the Metuchen and Edison Library. This program is limited to 15 people. Please bring a canned food donation, which will be given to St. Matthews St. Vincent DePaul Food Bank. Please email us if you plan on attending or if you would like us to email the materials.
SPEAKER: Kenneth Vercammen, Esq.
(Author- ABA Wills and Estate Administration book)
1. NJ Estate Tax eliminated on Estates under $5,400,000 as of January 1, 2018 & NJ Veterans Tax credit
2. NJ Inheritance Tax stays if assets are going to persons other than spouse or children
3. Federal Estate Tax exemption increased to over $5.49 million in 2018 but gifts limited to $14,000 per person
4. Set up a testamentary trust in your Will for Protection for spouses and leaving assets to children:
5. We recommend Self- Proving Wills since witnesses often move or pass away
6. The New Probate law NJ
7. NJ Supreme Court holds if an executor or trustee violates fiduciary duty they can be liable for attorneys fees
8. Power of Attorney- Do not use a form purchased online.
9. Federal Health Privacy Law (HIPAA)- Have a new Living Will prepared
10. Competency required to sign a Will or Power of Attorney
COMPLIMENTARY MATERIAL: Brochures on Wills, Probate and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Co-Sponsor: Middlesex County Estate Planning Council
To attend email: VercammenLaw@Njlaws.com
other Information call 732-572-0500
Can't attend? We can email you materials after Jan 12
Send email to: VercammenLaw@Njlaws.com
2. Veterans are eligible for a $3,000 exemption on your Income Tax.
If Veterans are a military veteran who was honorably discharged or released under honorable circumstances from active duty in the Armed Forces of the United States by the last day of the tax year they are are eligible for a $3,000 exemption on your Income Tax. Your spouse (or civil union partner) is also eligible for an exemption if he/she is a veteran who was honorably discharged or released under honorable circumstances and Veterans are filing a joint return.
This exemption is in addition to any other exemptions Veterans are entitled to claim and is available on both the resident and nonresident returns. Veterans cannot claim this exemption for a domestic partner or for your dependents.
Providing Documentation
You must provide a copy of Form DD-214, Certificate of Release or Discharge from Active Duty, the first time Veterans claim the exemption. This form does not need to be provided each year. The United States National Archives and Records Administration can assist with obtaining a copy of your DD-214.
You can certify for the exemption by sending a copy of your DD-214 and Veteran Exemption Submission Form to the Division before Veterans file, which may help process your return faster. To certify:
If Veterans do not certify before Veterans file for the exemption, Veterans will need to submit a copy of your DD-214 when Veterans file using:
3. Fun Upcoming Running Races & Charity Events
Jan 6, 2018 Secret Mystery Winter Trail Run 2.5 mile & 5 Mile Group Run 10:17am New Start Location: Secret Mystery wooded area North Brunswick
Only $20.00 register online and an email with secret start will be sent:
January 10, 2018 The Municipal Court Practitioner's Legal Arsenal:
The "New" Cases and the "Oldies and Goodies" Every Municipal Court Practitioner Needs to Know
-an NJICLE webinar-
Wednesday, January 10, 2018 Noon-1:40pm
Featuring:
William Brigiani, Esq. Past President Middlesex County Bar Association
Kenneth A. Vercammen, Esq.
Certified by the Supreme Court of New Jersey as a Municipal Court Law Attorney
Past Chair, NJSBA Municipal Court Practice Section
Past NJSBA Municipal Court Practitioner of the Year
You've heard the names... Chun... Crawford... McNeely
BUT - do you really understand the principles created by these significant cases? Do you know that there are over 20 New Jersey cases that should be at your fingertips when you enter a Municipal Court in New Jersey?
New Jersey Institute for Continuing Legal Education A Division of the NJSBA One Constitution Square, New Brunswick, NJ 08901 Phone: (732) 214-8500 · Fax: (732) 249-0383 · CustomerService@njsba.com
2018 update Wills and Estate Planning- Free Seminar
January 11 Thursday see above
4. New cases: Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct
State v. Lopez N.J. Super. App. Div. unreported
Defendant appealed the denial of his motion to suppress evidence and his sentences. Police made a motor vehicle stop of defendant's vehicle, observed that defendant was nervous, saw a large amount of cash in the center console, suspected drug activity and requested consent to search the car. Defendant initially agreed, then drove away throwing a black object out of the car. Defendant eventually stopped and was arrested. The police found a plastic bag-containing heroin near where defendant threw the object from the car. At the hearing on the motion to suppress, the trial judge found the stop was lawful because of the inoperable brake light and defendant's change of lanes without signaling. The court found that sufficient credible evidence supported the stop and the request to search.
Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct. Source: NJLJ (14-2-3291) unreported
5. Strip search after marijuana arrest not permitted. State v. Jules, N.J. Super. App. Div. unreported
Appellant appealed from his conviction for third-degree possession of alprazolam (Xanax). Appellant's appeal focused solely on the denial of his motion to suppress evidence obtained from a strip search, which police conducted at their headquarters after his arrest. In denying appellant's motion, the judge found the officer had reasonable articulable suspicion justifying the initial stop, probable cause for the arrest and that the strip search was lawful under the search incident to arrest exception to the warrant requirement. Appellant did not dispute the initial stop or the arrest; appellant argued that the police acted unlawfully by subjecting him to a strip search without first obtaining a warrant.
On appeal, the court-reversed denial holding the officer's suspicion that the item in appellant's groin area was a prescription pill bottle did not establish probable cause that appellant committed the named offense. The court found there was no "objectively reasonable" basis to arrest appellant for possession of prescription pills, only that there was probable cause to arrest him for marijuana possession. Therefore, the police could not use the search incident to arrest exception to circumvent the protections that arose from appellant's arrest. Furthermore, exigency could not support the search once the police handcuffed and secured appellant. Finally, the court found the "plain feel" exception inapplicable because the object believed to be a prescription pill bottle did not make it "immediately apparent" that the bottle contained contraband. Accordingly, the court reversed denial of suppression and remanded for dismissal of the judgment of conviction.
Source: NJLJ Daily briefing, available to members of NJ State Bar Association and subscribers to NJ Law Journal
Editorial Assistance provided by Peter Amponsah. Mr. Amponsah currently attends Rutgers' University and is participating in our Winter Break Internship Program.
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