E557 1. Chief Justice Orders Special Master in certain DWI cases. 2. The NJ Estate Tax was eliminated in 2018, Inheritance Tax still. 3. Power of Attorney- Do not use a form purchased online. 4. Al & Carol Vercammen 60th Wedding Anniversary 5. Marc
Kenneth Vercammen, Attorney at Law
March 7, 2019
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Kenneth Vercammen, Esq, was on ABC Channel 6 Philly.
In this Issue:
1. Chief Justice Orders Special Master in the DWI cases involving the trooper who did not conduct correct tests.
2. The NJ Estate Tax was eliminated in 2018 although there is still an Inheritance Tax for money that is not going to spouse, children, grandchildren, etc.
3. Problems if You Have No Will or a cheap online form not valid.
4. Al & Carol Vercammen 60th Wedding Anniversary celebrated with family and all grandkids photo.
5. March Running Races & Charity events
6. Professional Space For Rent, 2045 Woodbridge Avenue
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1. Chief Justice Orders Special Master in the DWI cases involving the trooper who did not conduct correct tests.
SUPREME COURT OF NEW JERSEY
WHEREAS the Court in State v. Eileen Cassidy (A-58-16) issued a decision on November 13, 2018 holding that Alcotest results from machines calibrated without using a thermometer that produces NIST-traceable temperature readings in the calibration process are inadmissible as evidence; and
WHEREAS the Administrative Office of the Courts previously had been notified by the New Jersey Office of the Attorney General that evidential breath samples from defendants in 20,667 driving while intoxicated (DWI) cases were procured using Alcotest machines calibrated without using a NIST-traceable thermometer and over 1 3,000 of those cases involved findings of guilty, either by trial or by plea; and
WHEREAS the Court's opinion in State v. Cassidy. directed the Administrative Office of the Courts to monitor and determine how best to handle cases affected by the Court's decision; and
WHEREAS the Administrative Office of the Courts has recommended that a special master be appointed for coordination of the management of such cases on a statewide basis to develop better processing of these cases, to provide greater consistency and efficiency, and to minimize conflicts and delays; and
WHEREAS the Administrative Office of the Courts also has recommended that the special master have the authority to dismiss or take other appropriate judicial action on affected cases;
IT IS ORDERED pursuant to N.J. Const. (1947) Art. 6, S 2, 3, that, effective immediately and until further order, Superior Court Judge Robert A. Fall, retired and serving on recall, in addition to any other judicial assignment on recall, is hereby designated as the special master with judicial authority on a statewide basis to make judicial and administrative decisions relating to adjudicated cases in which evidential breath samples were procured using Alcotest machines calibrated without using a NIST-traceable thermometer; and
It is FURTHER ORDERED that this designation of Judge Fall as special master shall last until further order, with Judge Fall being asked to report to the Court as soon as practicable, and regularly thereafter, on the issue of whether statewide management of the subject issues remains beneficial and in the public interest or whether the cases would be better managed at the vicinage and/or municipal level.
Chief Justice Rabner
Dated: January 29, 2019
2. The NJ Estate Tax was eliminated in 2018 although there is still an Inheritance Tax for money that is not going to spouse, children, grandchildren, etc.
2019 Federal Estate Tax for rich people
Generally, a decedent dying between Jan. 1 and Dec. 31, 2019, the estate should be subject to an estate tax, with an applicable exclusion amount of $11,400,000 (increased from $11,180,000 in 2018) and up from $5.49 million in 2017. In 2019, the annual Federal gift tax exclusion is $15,000. There is no tax to spouse.
3. Problems if You Have No Will or a cheap online form not valid.
If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:
1. The procedure to distribute assets becomes more complicated. It will require all of the children to select someone to be the Administrator, then all the children to sign a Renunciation Affidavit in front of a notary. If all the children do not sign the Renunciation Affidavit if front of notaries, then a Complaint and Order with have to be filed in the Superior Court. Cost over $3,000. The preparation of a Will for under $400 eliminates these costs.
2. Additional expenses will be incurred and extra work will be required to qualify an administrator-Surety Bond, additional costs often over $1,000 and extra legal fees
3. State law determines who gets assets, not you. People who dislike you or don't care about you can get your assets
4. If you have no spouse or close relatives the State may take your property. Most people who rather have charities or friends get their money.
5. It often causes fights and stress within your family and sometimes lawsuits
6. If there are minor children a Judge determines who gets custody of grand children
7. You lose the opportunity to reduce State inheritance taxes and Federal estate taxes without improper planning
When loved ones are grieving and dealing with death, they shouldn't be overwhelmed with Financial concerns and estate problems if there is no Will or not prepared or signed properly.
Who don't you want to receive your assets?
Who is not the best choice to raise your children, or safeguard your 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?
Beware of online documents not prepared by an attorney. Never use a form on line. No one tries to do their own electrical work on their home anymore or change their own oil. Have a professional do it right.
Make sure it is a Self-proving Will and says no bond required.
THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH SHOULD BE INCLUDED IN A WILL:
1ST: DEBTS AND TAXES
2ND: SPECIFIC BEQUESTS
3RD: DISPOSITION TO SPOUSE
4TH: DISPOSITION OF REMAINDER OF ESTATE
5TH: CREATION OF TRUSTS FOR SPOUSE
6TH: CREATION OF TRUST FOR CHILDREN
7TH: OTHER BENEFICIARIES UNDER 21
8TH: EXECUTORS
9TH: TRUSTEES
10TH: GUARDIANS
11TH: SURETY OR BOND
12TH: POWERS
13TH: AFTERBORN CHILDREN
A will must not only be prepared within the legal requirements of the New Jersey Statutes but should also be prepared so it leaves no questions regarding your intentions.
WHY PERIODIC REVIEW IS ESSENTIAL
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 and who care about you
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.
5. Al & Carol Vercammen 60th Wedding Anniversary celebrated with family and all grandkids photo.
6. March Running Races & Charity events
2019 Central Jersey St. Patrick parades & events
Mar 9 Seaside St. Patrick Parade
Mar 10 Woodbridge - St. Patrick's Day Parade
Mar 16 So Amboy St. Patrick's Day Parade
Mar 17 Freehold parade
Mar 23 Keyport St Patrick parade 1pm
Mar 23 Highlands St Patrick Parade 2pm park near Central, go to Claddagh, then go to Inlet Cafe
March Community Events
March 8 Friendly Sons of St. Patrick Pines
March 13 Plainsboro Seniors Wills Seminar
March 15 Elks corn beef DWI mints
March 20 Mid Bar Association Award dinner Pines [Ken V is past winner]
March 21 South Plainfield Senior Center Wills, Estate Planning & Probate Seminar at 11:15
March 23 Edison Elks
March 25 Municipal Court Winning Strategies Seminar 5:30-9 Law Center
Fun March Upcoming Running Races & Charity events participated by Kenneth Vercammen If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.com Often we car pool from East Brunswick /Edison or meet at these events. I update this list at http://vercammensport.blogspot.com
I share these events so that even non-runners can walk or volunteer. All events help an area charity or non-profit. We encourage Americans to get off the couch and exercise to encourage fitness and good health.
March 17, 2019 St. Paddy's 5 mile 10:30 Freehold great FARC event Dress warm FARC is a 501(c) 3 not for profit organization. which typically donate over $25,000 each year to local charities. farcnj.com
March 24, 2019 Sunday Main Street Donut Chase 5K, 1M run Race Link Wall, NJ
7. Professional Space For Rent, 2045 Woodbridge Avenue
700 Sq. Ft. of Professional Space for rent with off street parking. This building was just remodeled with a new floor, freshly painted walls, new upgraded heat & air conditioning as well as recess lighting and a new bathroom as well. Your clients will be impressed with your new space! $1700 per month.
Listed by Michael McDonald, Realtor, Keller Williams Elite,
481 Memorial Parkway, Metuchen, NJ 08840
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