E636 Newsletter

 

E636 VercammenLaw News 1. A Will cannot change who receives assets if a beneficiary is already listed or property owned by Tenancy by Entirety or Joint tenancy. 2. OPRA permits disclosure of dog owners name and address 3. Defendant statement can be used for bias charge 4. Sons of the American Legion Post 435 will be holding its annual Tricky Tray on Saturday April 2, 2022, Need donations 5. Warning- Don’t accept Facebook friend requests until you confirm the profile is real.   6. Estate Planning for Nontraditional Clients and Their Families ABA webinar recording for Attorneys 7. Last Central Jersey St. Patrick parades    1   A Will cannot change who receives assets if a beneficiary is already listed or property owned by Tenancy by Entirety or Joint tenancy. Assets which pass by Title, not Will: House- husband and wife is owned by Tenancy by Entirety, the house goes to surviving spouse Bank Accounts- If POD, JT property goes to surviving person     Assets which pass by Contract: IRA- property goes to whoever is listed as beneficiary 401K- property goes to whoever is listed as beneficiary Life insurance - property goes to whoever is listed as beneficiary Annuity- property goes to whoever is listed as beneficiary Pension plans- property goes to whoever is listed as beneficiary -other items which set forth a beneficiary        We advise clients preparing a Will to please also remember that if you have assets such as bank accounts in joint names, or bank accounts payable upon death, these go directly to the beneficiary.  If you have selected direct beneficiaries on any of your assets these pass outside your Will, including POD accounts or joint accounts.        A Will cannot change who the beneficiary is on a joint account, payable upon death accounts, or other assets such as Life Insurance policies. You would have to go directly to the bank or company where the assets are held and either direct that they change the beneficiary or not list any beneficiary at all other than your Estate 2. Recent cases: OPRA permits disclosure of dog owners name and address Bozzi v.  Jersey City  Dog owner’s personal information in the dog licensing record not exempt from disclosure under the Open Public Records Act (OPRA) (A-12-20) 3 Defendant statement can be used for bias charge State v Powell The court denied defendant’s motion to dismiss the indictment, in which he was charged with bias intimidation, among other crimes, pursuant to N.J.S.A. 2C:16-1(a)(2). Defendant admitted to sending messages via MeetMe.com to the victim threatening to harm her biracial daughter, in which he referred to the child as a "mutt" and "mongrel" and referred to the victim as a "spic loving whore." Defendant asserted that the grand jury was not presented with any evidence demonstrating that defendant directed the threats at the victim and her daughter based on racial motivation. The messages were in reference to the daughter’s race and not the victim’s who was the recipient of the threats. The State argued that the grand jury was presented with testimony that defendant stated he disliked interracial relationships and children of those relationships. The court denied defendant’s motion, holding that, by defendant’s own admission, the threats were motivated by the victim’s identity as a white female who engaged in a biracial relationship with a Hispanic male and bore a biracial daughter. Additionally, the court reasoned that the victim’s biracial daughter was also a foreseeable third-party victim of the threats even though she was not the recipient. As the standard for upholding an indictment weighs heavily in favor of the State, here defendant’s admissions satisfied the requisite evidence needed to demonstrate racial motivation for N.J.S.A. 2C:16-1(a)(2). (19-10-02086) 4. Sons of the American Legion Post 435 will be holding its annual Tricky Tray on Saturday April 2, 2022, Need donations American Legion Post 435  Father & Son SAL Dear Business Owner/Donations Department: The Sons of the American Legion Post 435 will be holding its annual Tricky Tray on Saturday April 2, 2022 at 6:00 PM. The proceeds from this event are used for various events and functions for our veterans throughout the year, without it our veterans would miss out on the benefits of many wonderful events. A request of an item, service, or monetary donation would be greatly appreciated to support our cause. The Sons of the American Legion is a non-profit organization, so your donation is tax deductible. (Form ST-5 available) All donations will receive an acknowledgement in our event flyer as well as mentioned at our event.        Please forward your donation to: American Legion Post 435 Tax id # 226-098-799 Att: SAL 43 Oakland Ave Edison, NJ 08817          If you have any questions, do not hesitate to contact Dan Kline Squadron Commander Post 435 SAL  directly at 732-735-9607 or email at Danklsr@yahoo.com The SAL’s and our Veterans thank-you in advance for your consideration in supporting our Tricky Tray endeavor.  Entry fee will be $15.00 and include 1 $10.00 free ticket sheet. Drinks and food available for nominal cost. Sincerely, Dan Kline Squadron Commander Post 435 SAL danklsr@yahoo.com 732-735-9607 5. Warning- Don’t accept Facebook friend requests until you confirm the profile is real   Some Russian criminals are setting up phony Facebook profiles for Ken Vercammen and others so don’t accept a phony Facebook friend request from Kenneth Vercammen for a Facebook profile that is created in 2022 Real page: https://www.facebook.com/kenneth.vercammen           Suggested response: Hello, I received a Facebook connection request Where did you first meet Me?            We typically are now only connecting with friends, clients of Ken Vercammen, attorneys or professionals we have met before or we know or members of same clubs, to avoid spammers and confirm it is not a fraudulent account. 6. Estate Planning for Nontraditional Clients and Their Families ABA webinar recording for Attorneys Listen to recording, FREE FOR ABA MEMBERS  https://www.americanbar.org/events-cle/ecd/ondemand/420035469/ Join our esteemed panel as they discuss the ramifications of not preparing a Will, types of Power of Attorneys, and the benefits of a Living Will. $130 NON-MEMBERS   Speakers Joan Burda Kenneth Vercammen In the absence of a marriage, Will or other legal arrangement to distribute property at death, your partner does not receive your assets and cannot administer your estate. The result can be lengthy delays and other problems. Individuals in gay or lesbian relationships need properly drafted Wills and estate planning documents more than straight persons. The probate laws generally provide if a person dies without a Will, their property goes to family, rather than a partner they had a relationship with for years or decades. Have a Power of Attorney prepared. In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your partner cannot pay your bills or access your assets.    Product Code  GP2202EPNOLC Sponsor ABA Solo, Small Firm and General Practice Division   7. Final Central Jersey St. Patrick parades 2022     Mar 17 NYC St Patrick parade  11am https://www.nycstpatricksparade.org    Mar 19, 2022      Keyport 1pm    https://www.facebook.com/Keyport-St-Patricks-Day-Parade-197482333774820/ March 19, 2022  Highlands St Patrick parade  2pm after Keyport parade then go to Inlet Café    https://www.highlandsnj.com/Special_Events/St_Patricks_Day_Parade/St_Patricks_Day_Parade-page.shtml    then go to Inlet Café    https://www.facebook.com/events/187707896854574 Mar 20, 2022 So Amboy St. Patrick's Parade  2pm                http://www.southamboyparade.com/ Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Adding a great review on Google: https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 Liking us on Facebook:  https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/reviews/ Help us with a review on Avvo: https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html Help us with a review on Yelp: https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison