2053 Woodbridge Avenue - Edison, NJ 08817

Monday, December 04, 2023

E688 VercammenLaw News

1.  Will preparation online by a real NJ Attorney without having to travel to a Law Office
2.  If you leave no Will or your Will is declared invalid because it was improperly signed or prepared or is not admissible to probate:

3. Winning defendant in DV case only entitled to attorney fee under frivolous lawsuit statute

4. Failure  to timely hire attorney for DV not grounds for appeal

5. Rolling Stones 2024 shows.

 

1. Will preparation online by a real NJ Attorney without having to travel to a Law Office

      To assist potential clients and seniors attorneys now offer document preparation remotely and consults.  

1. For Wills, Power of Attorney, Living Wills, Trusts, please request interview form by calling 732-572-0500 or email Vercammenlaw@njlaws.com. We will email the interview form. For Seniors, we can email to family members who can help type up for you.

2. Type response/ Fill in details. Email completed Will Questionnaire back

3. Attorney will call to discuss after typed interview form received.

4. After persons pay by credit card online or check we will draft documents and email to you.

5. Attorney will call to answer further questions

6. Sign documents in front of notary and two witnesses [ spouse ok as witness]. Signing instructions provided.

Most libraries, banks, UPS stores continue to be open and have notaries. Vercammen Law also will witness and notarize our Wills on Wednesday when we have witnesses.

    Be remote but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE.

       The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

 

2.  If you leave no Will or your Will is declared invalid because it was improperly signed or 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 surrogate fees and legal fees.

3.       State law determines who gets assets, not you. People who don’t help 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 grandchildren.

      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 a real attorney. Never use a form on line. It is foolish  to do your own electrical work on a home anymore or change their own oil. Have a professional do it right.

3. Recent cases Winning defendant in DV case only entitled to attorney fee under frivolous lawsuit statute Kanterman v. Kanterman

       Defendant moved for attorneys' fees following the denial of plaintiff's request for a FRO. Plaintiff filed a domestic violence complaint and obtained a TRO based on alleged predicate acts of assault and harassment that occurred during a physical altercation between plaintiff and defendant's girlfriend. After the issuance of the TRO, plaintiff alleged that defendant violated the order by entering her building and leaving the parties' dog outside. Following trial, the court found plaintiff's claims to be unsubstantiated. The court denied defendant's motion for attorneys' fees. The court held that the only legal avenue for a domestic violence defendant to obtain attorney fees was through the frivolous lawsuit statute. 

However, the court noted that recovery under the statute required a finding of bad faith. Because the court made no finding that plaintiff acted in bad faith by seeking a TRO and pursuing the case through trial, the court ruled that defendant was not entitled to an award of attorneys' fees. FV-09-1482-23 unreported source NJLJ 2023-07-17 

4.  Failure  to timely hire attorney for DV not grounds for appeal 

       Defendant appealed the FRO entered against him in favor of his wife. Plaintiff obtained a TRO and a hearing date was set. Two days before the hearing, defendant's attorney filed an appearance and requested an adjournment because attorney had a matter scheduled in another county. Plaintiff opposed because two police officers had been subpoenaed to appear since defendant had refused to let them testify remotely. Court denied the adjournment and defendant's counsel withdrew with defendant's consent. Defendant appeared and stated he "wish[ed] [he] could have [his] lawyer." Trial judge explained he would allow plaintiff to proceed, police officers would testify and defendant could then ask for a continuance. Defendant examined the witnesses and then testified on his own behalf without seeking a continuance. Trial judge found defendant committed an act of domestic violence and plaintiff needed protection. Defendant argued he was wrongly denied an adjournment. Court noted that defendant knew on Nov. 22, 2021 that he had 82 days to retain an attorney and prepare his defense before the hearing scheduled for Feb. 9, 2022. Defendant's lack of representation was a self-inflicted injury. Unreported source Daily briefing June 15, 2023

 

5. Rolling Stones 2024 shows. Ken V plans on going to these shows:

May 23 - East Rutherford, NJ -Thursday  MetLife Stadium

June 11 - Philadelphia, PA – Tuesday Lincoln Financial Field

Also maybe May 30 - Foxborough, MA – Thursday Gillette Stadium

See below for the full list of Stones Tour '24 Hackney Diamonds dates.

April 28 - Houston, TX - NRG Stadium

May 2 - New Orleans, LA - Jazz Fest

May 7 - Glendale, AZ - State Farm Stadium

May 11 - Las Vegas, NV - Allegiant Stadium

May 15 - Seattle, WA - Lumen Field

May 23 - East Rutherford, NJ - MetLife Stadium

May 30 - Foxborough, MA - Gillette Stadium

June 3 - Orlando, FL - Camping World Stadium

June 7 - Atlanta, GA - Mercedes-Benz Stadium

June 11 - Philadelphia, PA - Lincoln Financial Field

June 15 - Cleveland, OH - Cleveland Browns Stadium

June 20 - Denver, CO - Empower Field at Mile High

June 27 - Chicago, IL - Soldier Field

July 5 - Vancouver, BC - BC Place

July 10 - Los Angeles, CA - SoFi Stadium

July 17 - Santa Clara, CA - Levi's Stadium


KENNETH  VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 
2053 Woodbridge Ave.,Edison, NJ 08817
(Phone) 732-572-0500
(Fax)    732-572-0030 
www.njlaws .com