2053 Woodbridge Avenue - Edison, NJ 08817

Thursday, December 21, 2023

E690 VercammenLaw News

 

111. Update -Wills and Estate Planning” Seminar on January 10, 2024 from 12:15-1:00 pm

2.2. Lexi dog in Santa Hat.

3.3. DWI after a Christmas party?

4 4. Edison Office space for rent

5.5. How to Prepare Letters of Instruction To Family and Executor Regarding Funeral Arrangements, and Post-Death Procedures 

 

11.    1. Update -Wills and Estate Planning” Seminar on January 10, 2024 from 12:15-1:00 pm

Please accept an invitation to you and your guests to join us at the "Update -Wills and Estate Planning” Seminar on January 10, 2024 from 12:15-1:00 pm in our office in Edison . Many of the Will seminars are on YouTube. Many individuals have not taken the time to have a Will or Power of Attorney prepared or have not updated in decades.   In 2024 several Libraries and Senior Centers will have our Will and Estate Planning seminars.

As my clients mature, we handle more Wills, Estate Planning & Probate, Estate Administration and contested Will cases. The Law Office has become more efficient in preparing Wills and POA. Clients now simply type the interview form and email to the office so they don’t need to take off from work or travel. We now can prepare Wills online without clients having to come to the office!

The Law Office also handles Municipal Court cases via Zoom or online

 

2. Lexi dog in Santa Hat. Lexi visits the office weekdays Monday, Wednesday

 

3. DWI after a Christmas party?

DWI without license suspension in NJ

         For first offender DWI, for decades there was no way to avoid a license suspension of 6 months of more.

         Under a revised NJ DWI law, sometimes your attorney can help you prevent a loss of license more than a few days.

         Your attorney can file Motions to oppose the interlock machine. If the Motions are not successful, some clients can apply for an interlock machine on the car they operate instead of the lengthy license suspension.

New laws signed expanding the use of ignition interlock device for those convicted of drunk driving offenses and of refusing breath tests. The legislation (S824) also reduces the length of license suspension and forfeitures for these offenses. Effective for charges after December 1.
    This law requires that first time offenders install ignition interlock devices (IID), at a cost to the offender. IIDs and suspensions from then on are based upon the severity of the offense. 

First-time offenders with BAC of:
0.08 to 0.10 - must install ignition interlock at own cost, use for six months.  License suspension of 30 days.

0.10 to 0.15 - must install ignition interlock at own cost, use for six months to a year.  License suspension of 45 days.

higher than 0.15 - must install ignition interlock at own cost, use for one year to 18 months.  License suspension of 90 days.

Mandatory interlock for refusal

No suspension on 1st refusal. 

No more school zone offenses

2d offense - 1-2 yr. loss,

3rd is now 8 yrs. 

School zone DWI eliminated completely

4. Edison Office space for rent

PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE

2053 Woodbridge Ave.

Edison, NJ 08817

 Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents, and other Business Professionals as a 2nd location or location to meet clients in Edison. Next to Ken Vercammen’s office

  The offices are located on the 1st floor of the building.

2 rooms office  

office room # 6 approx 12.4 x 9.4       

and front room appr 8 x 9 -office room # 5

plus use of reception room  16.6 x 7.2

   Previously used by Robert Blackman, late former Judge and Prosecutor of Edison 

$500 per month  [was $600]

Call 732-572-0500

    Owner of building is local attorney, Kenneth Vercammen & wife Cynthia.  

How to Prepare Letters of Instruction To Family and Executor Regarding Funeral Arrangements, and Post-Death Procedures  [Form is at the end]

        How to Prepare Letters of Instruction To Family and Executor Regarding Funeral Arrangements, and Post-Death Procedures  [Form is at the end]

 

         Compiled by Kenneth A. Vercammen, Esq. from various sources

 

         We highly recommend all adults have a current Will, a Power of Attorney and a Living Will. In addition, individuals are encouraged to plan ahead and write messages to their family and executor detailing their specific desires regarding funeral and burial. Written instructions to your family and executor containing information and guidance will minimize uncertainty, confusion, and possible oversights following your death.  The information you furnish should ease the settlement of your estate and provide for an orderly winding-up of your affairs.  You need to share what you know with those who ( often suddenly and without warning) must step into your shoes and carry out your final needs. More info at http://www.njlaws.com/letters_of_instruction.html

        

What Should Your Letters of Instructions Cover ?

Letter to Your Family & Executor

         Typically, this letter would be written to the person who is your executor.  You may also want to address the letter to your children, particularly if they are the primary beneficiaries of your estate or they will be called upon to assist your spouse directly in the settlement of your estate and business affairs.  The letter of instruction is prepared by you and is meant to provide assistance and guidance to your family regarding items not covered in your will.   This letter will not change your Will.  If you wish changes in your Will, speak to your attorney.   Some possible points to cover in the family letter are :

1.   Funeral and burial arrangements: Where, by whom, what kind, and at what cost? Many adults now go to their local funeral home and pre-select arrangements. Some even prepay.

2.   Anatomical gifts: Identify the nature and location of any anatomical gift declarations you have made.

3.   Memorials and contributions: Identify what organizations or institutions might be appropriate recipients of memorials or charitable donations made in your memory.

4.   Preparation of obituary: Should your obituary be prepared in advance and be updated periodically? To which newspaper should it be sent?

5.   Notifications of friends, relatives, business associates, and colleagues in charitable or civic groups. Identify those persons to be contracted upon your death, noting any particular requests or messages to be given, and listing their current addresses and phone numbers.

6.   Location of your safe-deposit box and its key.

7.   Location of your Will and estate planning documents: Include any trusts, buy sell agreements, or  extraneous writings incorporated in your will.

8.   Medical and hospital coverages and location of the policies.

9.   Social Security and Veterans Administration benefits: Identify current or potential benefits.

10.  Life insurance: Indicate where policies are located and what steps should be taken to collect policy  proceeds.

11.  Location and explanation of title documents and other records relating to your assets. Include deeds,  stocks, bonds, bank accounts and deposits, retirement plans, and vehicle titles.

12.  Identify obligations involving periodic payments, such as your home mortgage, car loans, and other debts, including amount and to whom payable.

13.  Identify your attorney and professional advisers (including your accountant, broker, trust officer, and insurance agent) who you currently use or recommend.

14. Key employees and business friends to keep business operating until sale. The value of an ongoing business is much greater than a closed one!

15.  Passwords for online bank accounts, and other finances. Where are they

16. Passwords for email accounts, plus online social media, such as Facebook.

         You should review and update your letters of instruction periodically to be certain they are complete and current.   In most cases, you should personally discuss the contents of the letters with the persons to whom they are addressed, especially so with your spouse and executor to amplify or clarify the instructions given and answer any questions.  In all events, it is advisable to give the letters of instructions once written to the addressees so that they will be aware that the letters call for certain actions promptly after your death. A letter setting forth the above items will be especially helpful if your executor is someone who doesn't live with you and doesn't know the location of all your personal papers and assets. For those individuals with a business, a shareholder's agreement or buy-sell agreement is recommended.

                                                  Conclusion

         While the preceding list contains possible topics to be covered in your letters to your family and executor, the list is by no means exhaustive. A number of these items may not be applicable in your situation, and probably there are many others that are applicable. The important thing is to spend some time now considering what you should tell those most closely associated with you to facilitate their handling of your affairs upon your death, and then write those matters down as soon as possible. 

         Each of us has our own style of letter writing, especially when we are writing our loved ones or close associates.  In such circumstances a special and personal form of communication is needed.  We are mindful that each such letter should be unique and that there is no "best way" to compose the letter. For estate planning, speak with an experienced attorney.

  Kenneth A. Vercammen is a Middlesex County trial attorney who has published 125 articles in national and New Jersey publications on business and litigation topics.  He has spoken on Wills and Elder law on numerous occasions to the Adult Community Schools in Metuchen, Sayreville, Old Bridge, South Brunswick and Edison/Clara Barton Seniors and Perth Amboy Seniors. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association. 

 

 LETTER OF LAST INSTRUCTIONS

This list is designed to assist you or your heirs in locating important documents and information needed to settle your estate. You should review this document regularly and update as needed. Compliments of

 KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

732-572-0500

 

                  Name: __________________________________________

 

                  Address: ________________________________________

 

                  _______________________________________________

 

To:___________________________________________________

 

1.   FUNERAL ARRANGEMENTS

 

                  A.      Funeral Director -   Name: ____________________________

                                                Telephone No. ______________________

                                                Address: _________________________

         Funeral agent [usually your Executor]   __________________________

Is funeral and arrangements pre-selected or prepaid?  _____________________

 

        

         B.      Burial -    Yes ___  No ___  Cremation - Yes ___ No ___

 

C.      Church/Clergy -  Name: ___________________________________

                                Telephone No. _____________________________

                                Address: _________________________________

                                    ______________________________________

 

Letter of Last Instruction form rev 2019

 

D.      I would like to be buried at:

 

                  Name of Cemetery: ________________________________

                  Telephone No. ____________________________________

                  Address: ________________________________________

                  _______________________________________________

         E.      ?In lieu of flowers, send contributions to?:

        

                  Name of Charity: __________________________________

                  Address: ________________________________________

                  _______________________________________________

 

         F.      Other: __________________________________________

 

 

2. LOCATION OF IMPORTANT PAPERS

 

         1. Will

a. Date signed: _____________________________________

b. Where located: ________________________________

c. Name of executor: ________________________________

 

2. Durable power of attorney for finances

a. Date signed: _____________________________________

b. Where located: __________________________________

c. Name of attorney-in-fact: ______________________________

 

3. Living will

a. Date signed: _____________________________________

b. Where located: __________________________________

 

4 Trust [If none write none]

a. Date signed: _______________________________________

b. Where located: ___________________________________

c. Name of trustee: ______________________________________

 

5. Health insurance

a. Name of carrier: _________________________________________________

b. Carrier’s address/phone number: ___________________________________

c. Policy number: __________________________________________________

 

6.  Life insurance

a. Name of carrier: _________________________________________________

b. Carrier’s address/phone number: ___________________________________

c. Policy number: _________________________________________

d. Named beneficiary: ______________________________________________

 

7. Retirement/employee benefits

a. Company name, address, and phone number: _______________________

b. Named beneficiary: _____________________________________________

 

8. Disability insurance

a. Name of carrier: _________________________________________________

b. Carrier’s address/phone number: ___________________________________

c. Policy number: __________________________________________

9. Long term care insurance [If none write none]

a. Name of carrier: _________________________________________________

b. Carrier’s address/phone number: ___________________________________

c. Policy number: _________________________________________

 

         -Securities located at: ________________________________

        

         -Deeds located at: _______

 

         Pension Booklet and Summary: ___________________________

        

         -Safe Deposit Box Key located at: _______

                  Bank Name: __________________________________________

                  Branch Address: ______________________________________

 

         -Business Agreements located at: _______

 

         -Income Tax Returns located at: _______

 

 

List of doctors  __________________________

 

3 PROFESSIONALS

        

         A.      Attorney:            Kenneth A. Vercammen

                                             Attorney at Law

                                             2053 Woodbridge Ave.

                                             Edison, NJ 08817

                                             Phone: (732)-572-0500

        

         B.      Accountant: ________________________________________

        

         C.      Financial Planner: ____________________________________

 

         D.      Insurance Broker: ______________________________________

        

         E.      Other advisors: ____________________________________

 

         F.      clergy: ________________________________

        

         G.       Other: _____________________________________________

 

4. PERSONS TO NOTIFY OF MY DEATH

 

         A.      Name:  ____________________ Telephone No. _______________

                  Address & email: ____________________________________                                      

         B.      Name:  ____________________ Telephone No. _______________

         Address & email: ____________________________________                                               

         C.      Name:  ____________________ Telephone No. _______________

                  Address & email: ____________________________________                                               

         D.      Name:  ____________________ Telephone No. _______________

                  Address & email: ____________________________________                                               

         E.      Name:  ____________________ Telephone No. _______________

                  Address & email: ____________________________________                                               

         F.      Name:  ____________________ Telephone No. _______________

                  Address & email: ____________________________________                                               

         G.      Name:  ____________________ Telephone No. _______________

                  Address & email: ____________________________________                                               

         H.      Name:  ____________________ Telephone No. _______________

                  Address & email: ____________________________________                                               

         I.       Name:  ____________________ Telephone No. _______________

                  Address & email: ____________________________________                                               

OTHER SUGGESTIONS:  __________________________________________

 

5. LIST OF MAJOR ASSETS FOR FAMILY

-Personal financial information including credit cards, loans, checking and savings accounts, brokerage accounts, stocks, bonds and U.S. savings bonds, mutual funds, outstanding loans both owing and owed  

 

     Stocks, bonds and other securities.  How Registered. Approximate Amount of Each. (Joint - Survivorship - P.O.D. - Trust - Custodial) If none, write none

 

 

____________________________________________________________

 

____________________________________________________________

 

____________________________________________________________

 

      Real Estate:  Location and General Description - Record Owners -

How and When Acquired , Estimated Value - Mortgages, Approximate Amount of Each:  If none, write none

 

____________________________________________________________

 

____________________________________________________________

 

____________________________________________________________

 

     Insurance policies, pensions, retirement and death benefits: 

(Identification and beneficiary)  If none, write none

 

COMPANY                              AMOUNT OF POLICY                BENEFICIARY

 

____________________________________________________________

 

____________________________________________________________

 

____________________________________________________________

 

         Bank and Savings & Loan Association Accounts:  Savings - Time Cert. - Checking - other.  How registered (Joint, Survivorship, Trust, Custodial)

 If none, write none

BANK APPROXIMATE AMOUNT             BENEFICIARY

 

____________________________________________________________

 

____________________________________________________________

 

     

____________________________________________________________

 

____________________________________________________________

 

       Other Investments:  Nature and in What Names(s) Held and the Approximate Amount of Each:

 If none, write none

____________________________________________________________

 

____________________________________________________________

 

       Safe Deposit Box:  Location and How Registered:  If none, write none

 

______________________________________________________________

 

 

         Liabilities More Than $2,000.00:   If none, write none

 

____________________________________________________________

 

____________________________________________________________

 

Major Personal Effects:  Including Furs, Jewelry, Art, Cash on Hand and other items of Substantial Value and the Approximate Amount of Each:

 If none, write none

 

         Estimated Gross Estate: 

 

$_________________________________________________

 

Computer passwords to online accounts are located at: [or passwords]

 ________________

 

________________

 

________________

 

________________

 

________________

 

Copyright 2023 Vercammen Law

 

E689 VercammenLaw News

1. Ken Vercammen, family & dog wish you Happy Holidays
2. Holiday Gift Idea! .....Buy Gift Certificates for Wills or Power of Attorney
3. Lexi Vercammen dog and Shannon’s dog Daisy wish you Happy Holiday and Merry Christmas
4 Recent case Unsolicited hospital statement by drunk driver admissible at trial

 

1. Ken Vercammen, family & dog wish you Happy Holidays & Merry Christmas

It was a good year for the Vercammen family. We bought a house in Neptune with a view of water so family can get together similar to my parents house in the Poconos. My daughter Shannon and husband Zach Gildenberg had our grandson Logan John on June 7. My son Dr. Brendan the dentist enjoys his house & boat on the Intercoastal in Myrtle Beach. Lexi dog continues to greet clients in the office. My wife Cynthia helps the law office finances. My Dad Al celebrated his 91st birthday with many friends both he and Carol made in Jackson.

One of the pleasures of this holiday season is to thank many people for their friendship, goodwill and the pleasant association I have enjoyed with the hundreds of friends and professional people I have dealt with over the past thirty years. We sincerely appreciate our relationships and are thankful for the confidence many people have shown in us. I again want to take the time to extend to these friends our sincere gratitude because it is friends and new clients that make our business grow. Client recommendation is a very important source of new clients to us.

In the true spirit of the Holiday and Christmas season, may we all be thankful and share in the hope for goodwill toward all.

Best regards,

KENNETH VERCAMMEN

Chair ABA Estate Planning & Probate Committee Solo & Small Firm Division


2. Holiday Gift Idea! .....Buy Gift Certificates for Wills or Power of Attorney

During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift, which truly shows how much you care? Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done.

The Law Office of Kenneth Vercammen's Holiday special includes:

*A Basic Will without Trust

* Follow up legal advice

*A 2-year subscription to the NJ Laws Email News

- All for only $450.00! -

Call 732-572-0500 for the Gift Certificate

Details on Wills:

http://www.njlaws.com/wills.htm

Details on Power of Attorney:

http://www.njlaws.com/power_of_attorney.htm


3. Lexi Vercammen dog and Shannon’s dog Daisy wish you Happy Holiday and Merry Christmas

See also Singing Yellow Lab puppies like Lexi dog

Caroling Canines! Click link, then click the red arrow

https://www.americangreetings.com/detail/ecards/christmas/caroling-canines-ecard/pn/prod3113541


4. Recent case Unsolicited hospital statement by drunk driver admissible at trial

State v. Tiwana (A-36-22)

Defendant was in custody at the hospital in light of the police presence around her bed area. But no interrogation or its functional equivalent occurred before her spontaneous and unsolicited admission. Miranda warnings were therefore not required, and defendant’s statement -- that she “only had two shots prior to the crash” -- is admissible at trial.

The Court considers whether an investigating detective’s self-introduction to defendant Amandeep K. Tiwana at her bedside in the hospital following a car crash initiated a custodial interrogation or its functional equivalent warranting the administration of warnings under Miranda v. Arizona, 384 U.S. 436 (1966).

On April 28, 2020, defendant, while driving in Jersey City, struck a police officer and collided with two police cruisers. Defendant and three injured officers were transported to Jersey City Medical Center. Defendant’s blood alcohol content was 0.268%, three times the legal limit. Detective Anthony Espaillat of the Regional Collision Investigation Unit of the Hudson County Prosecutor’s Office arrived at the hospital and spoke first to the injured officers in the emergency room.

Two uniformed police officers were stationed outside the curtain separating defendant’s bed from other patients. Detective Espaillat walked up to defendant’s bed, introduced himself as a detective with the Hudson County Prosecutor’s Office, and explained that he was assigned to investigate the accident. Espaillat testified that, as soon as he had spoken, defendant immediately complained of chest pain and said “she only had two shots prior to the crash.” Espaillat directed defendant not to make any other statements. He clarified that he did not come to the hospital to ask her questions and that he wanted to interview her at a later date at the Prosecutor’s Office. The entire interaction lasted “less than five minutes.” The next day, defendant went to the Prosecutor’s Office and invoked her Miranda rights.

A grand jury indicted defendant for three counts of assault by auto. Pretrial, the State moved to admit defendant’s statement at the hospital. Following an evidentiary hearing, the trial court denied the State’s motion and the Appellate Division affirmed. Both courts found that a custodial interrogation occurred at the hospital and the detective’s failure to give Miranda warnings rendered defendant’s statement inadmissible. The Court granted leave to appeal. 253 N.J. 431 (2023).

HELD: Defendant was in custody at the hospital in light of the police presence around her bed area. But no interrogation or its functional equivalent occurred before her spontaneous and unsolicited admission. Miranda warnings were therefore not required, and defendant’s statement -- that she “only had two shots prior to the crash” -- is admissible at trial.

1. To protect a suspect’s right against self-incrimination, law enforcement officers must administer Miranda warnings when a suspect is in police custody and subject to interrogation. The parties do not dispute that defendant was in custody at the hospital. The sole issue is whether Detective Espaillat interrogated defendant in violation of his duty to first inform her of her right to remain silent.

2. The United States Supreme Court in Rhode Island v. Innis clarified that “interrogation” for Miranda purposes occurs when a suspect “is subjected to either express questioning or its functional equivalent,” which may include “any words or actions on the part of the police . . . that the police should know are reasonably likely to elicit an incriminating response from the suspect.” 446 U.S. 291, 300-01 (1980). But the Supreme Court stressed that the police “cannot be held accountable for the unforeseeable results of their words or actions.” Id. at 301-02.

3. The Court reviews several New Jersey cases applying the Innis interrogation standard. For example, in State v. Hubbard, the Court concluded that the defendant was interrogated by police because “the targeted questions reflect[ed] a clear attempt on the part of the detective to cause defendant to incriminate himself.” 222 N.J. 249, 272 (2015). However, in State v. Beckler, the Appellate Division upheld the admissibility of the defendant’s custodial statements because they “were unsolicited, spontaneous, and not made in response to questioning or its functional equivalent.” 366 N.J. Super. 16, 25 (App. Div. 2004).

4. Here, defendant was not subject to a custodial interrogation or its functional equivalent when she stated that she “only had two shots prior to the crash.” No questioning occurred and Espaillat could not have foreseen that his introduction was reasonably likely to elicit an immediate incriminating response. Rather, defendant spontaneously made an unsolicited incriminating statement while in custody. The trial court and Appellate Division relied heavily on the three police officers in or just outside defendant’s bed area at the time Espaillat introduced himself. That fact alone may establish custody, but it does not establish interrogation.

REVERSED and REMANDED to the trial court.

decided November 20, 2023