1. Final Fall Will seminars 2023
2. If someone has a child with Special needs, most attorney recommend a Special Needs Trust for a disabled child.
Recent cases:
3. Tip of black man with gun not enough for Terry stop here
4. Probable cause to arrest driver & admit Alcotest breath sample here
5. Free Office Space for Transitional or New Attorney & Mentor program- Edison, NJ
1. Final Fall Will seminars 2023
November 14, 2023
Woodbridge Library
Wills, Estate Planning & Probate Seminar
at 6:30.
Free program open to the public, Register at
https://woodbridgelibrary.evanced.info/signup/EventDetails?EventId=15012&backTo=Calendar&startDate=2023/11/01
Sayreville Public Library Wills & Power of Attorney Seminar at 6:30pm
Open to the public. Free to register at
http://engagedpatrons.org/EventsExtended.cfm?SiteID=1717&EventID=501809&PK=
December 4 at 10am
Wills, Estate Planning & Probate Seminar Sayreville Senior Center
423 Main Street, Sayreville, NJ 08872
Open to the public. No need to preregister
2. If someone has a child with Special needs, most attorney recommend a Special Needs Trust for a disabled child.
A child receiving SSI or other government benefits could lose their benefits if they inherit money or property.
We have never prepared a Special needs trust. We recommend you contact a NJ attorney who has experience with Special needs trusts.
Special Needs Trusts (SNTs) are a type of trust that preserves the SNT beneficiary’s eligibility for needs-based government benefits such as Medicaid and Supplemental Security Income (SSI). These trusts may also be called a supplemental needs trusts, or “(d)(4)(A)” trusts after the federal law that authorized them, 42 U.S.C. § 1396p(d)(4)(A). Any individual under 65, who is disabled under the Social Security Administration standard, may place assets in an SNT to establish or maintain Medicaid eligibility. As a general rule, because the SNT beneficiary does not own the assets in the trust, he or she can remain eligible for benefit programs that have an asset limit. Additionally the federal law exempts transfers of assets into an SNT from a penalty.
However, in order to use the SNT to obtain or retain Medicaid benefits, both the trust document and annual SNT accountings must be disclosed and reviewed. There are several requirements in order to establish an SNT. Some of those requirements include but are not limited to:
· SNT beneficiary has been determined disabled under 42 USC 1382(a)(3)(A).
· SNT is irrevocable.
· SNT is for the sole benefit of the SNT beneficiary.
· Only specific individuals can establish the SNT (parent, grandparent, guardian, court).
· On the death of the SNT beneficiary, the State of New Jersey is the first remainder beneficiary and will receive all amounts remaining in the trust up to an amount equal to the total amount of Medicaid benefits provided, minus any reimbursement or recovery of Medicaid payments previously received by the State.
· Transfers to the trust after the SNT beneficiary reaches age 65 are prohibited. Any additions to the trust after that time with assets of the beneficiary are subject to the rules governing the improper transfer of resources.
· Cash distributions from the trust to the SNT beneficiary must be counted as unearned income.
· Annual accountings are required to be sent to the eligibility-determination agency, and to the DMAHS Beneficiary Administrative Action Unit (BAAU) at the address highlighted in boldface on the next page.
· The New Jersey regulations for SNTs can be found at N.J.A.C. 10:71-4.11(g)1.
Source https://www.nj.gov/humanservices/dmahs/clients/snt.html
Recent cases:
3. Tip of black man with gun not enough for Terry stop here State v. Hill Defendant appealed the denial of his motion to suppress a handgun seized during a Terry stop based on an alleged tip from a confidential informant. At the suppression hearing, the arresting officer testified that he and his partner were dispatched to respond to a report of a Black man with a gun. The officers got the report from detectives working for the prosecutor's office, who allegedly received a tip from a confidential informant. Neither officer knew anything about the CI. The officers spotted defendant, who matched the description in the report. The officers did not observe defendant do anything illegal and did not see any evidence that he was armed. However, when defendant turned away from the officers, they grabbed his hands and performed a pat-down, recovering a handgun. The trial court denied defendant's suppression motion, distinguishing the case from Florida v. J.L., 529 U.S. 266, by noting that defendant's act of reaching towards his waistband while turning away from the officers, along with the corroborated description of defendant, justified the pat-down. On appeal, the court reversed, agreeing that the officers lacked reasonable suspicion to stop and frisk defendant. The court ruled that defendant's "unusual movement" was insufficient to provide reasonable suspicion for the stop, which was based on an anonymous tip about a Black man with a gun. The court noted that the arresting officers knew nothing about the CI who allegedly provided the tip. A-2119-21 Source NJLJ July 19, 2023
4. Probable cause to arrest driver & admit Alcotest breath sample here
State v. Vozeh
Defendant appealed the denial of his motion to suppress evidence obtained following a traffic stop, arrest, and breathalyzer. A motorist observed an SUV driving erratically and contacted police. The motorist followed the vehicle as it exited the highway and relayed its position to the police dispatcher. An officer spotted the SUV and initiated a traffic stop. The officer noted that the driver, later identified as defendant, had watery eyes and slurred speech. Defendant admitted to consuming one vodka drink a couple hours prior. Defendant agreed to submit to field sobriety tests. Due to his poor performance, defendant was arrested and transported to the police station where he submitted to an Alcotest that revealed defendant had a BAC of 0.16. Defendant moved to suppress evidence. The municipal court overruled defendant's objection to the motorist who tipped off police testifying at the suppression hearing. The arresting officer also testified at the hearing. The municipal court denied defendant's motion, finding that the stop was lawful and that there was probable cause for defendant's arrest based on the motorist's observations and the arresting officer's interactions with defendant, including his admission that he had recently consumed alcohol and his inability to successfully complete the field sobriety tests. The municipal court further denied the motion to suppress the Alcotest results, finding that the arresting officer, who was certified to perform the Alcotest, was primarily involved in the administration of the test and another officer had only minimal involvement in defendant's testing. The trial court affirmed the denial of defendant's suppression motion.
On appeal, the court affirmed the lower courts. The court ruled that the citizen motorist's observations were reliable enough and relevant to support probable cause for the traffic stop. The court further agreed that the arresting officer's observations of defendant supported probable cause for his arrest. Because the lower courts credited the officer's testimony that he continuously observed defendant prior to administering the Alcotest, there was no basis to suppress the test results. A-1558-21
Source NJLJ 7/17/23
5. Free Office Space for Transitional or New Attorney & Mentor program- Edison, NJ
The Kenneth Vercammen has a space sharing opportunity for new lawyer or recent Transitional attorney to get experience and learn NJ Law office procedures and help handle some Municipal court cases. This is a mentoring experience where you can learn NJ Law Office Procedure. Must be admitted to Bar of State of NJ.
Attorney will be provided with use of desk, plus if needed additional private office space in furnished basement to start their practice, rent-free. They can see clients in first floor office rooms. In return they will handle municipal court appearances, Telephone communications with courts, Prosecutors, clients, etc,
Will signings and other legal work and criminal law website updates in lieu of rent for maximum 5 hours per week.
-Learn to prepare Wills, Power of Attorney and Living Wills
-Call Courts to follow up on Letter of Representation and scheduling of hearings & call Police Departments to follow up on discovery
- Prepare timesheets on Fatal Accident cases with Attorney General
-Call clients and remind them of hearing dates and what to do
- Update Criminal and Civil blogs with recent cases
-Assist with Senior citizen Will Seminars and Municipal Court programs
Excellent opportunity to jump-start your career. You will get to help people in Municipal Courts in Middlesex, Union and Monmouth County. Speak with the top Prosecutors and Judges. Must be admitted in NJ. https://www.njlaws.com/office_space.html
Learn to interview potential Municipal Court/Criminal clients. Also learn to draft Wills and work on Litigation files. Attorney may also help provide legal assistance to members of prepaid legal plans and clients. Follow up contact calls with clients, courts, prosecutors and bar associations.
Excellent mentoring position for the right attorney. Are you hardworking and aggressive? Visit our website: www.njlaws.com to learn about our office. More details at www.njlaws.com/lease.htm
If interested, email , mail, fax or a resume and cover letter.
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500
(Fax) 732-572-0030 vercammenlaw@njlaws.com
