NJ Laws Newsletter by Kenneth Vercammen

E385 1. 2012 update Wills and Estate Planning, Seminar Materials Compiled by Kenneth Vercammen 2. Important Recent Case: Defendant Must Assert

2012-01-27T09:41:00.001-08:00

E385 1. 2012 update Wills and Estate Planning, Seminar Materials Compiled by Kenneth Vercammen 2. Important Recent Case: Defendant Must Assert Speedy Trial on De Novo Appeal. State v Misurella

Office Phone Number:

(732) 572-0500

www.njlaws.com

In This Issue:

1. 2012 update Wills and Estate Planning, Seminar Materials Compiled by Kenneth Vercammen

Important Recent Case:

2. Defendant Must Assert Speedy Trial on De Novo Appeal. State v Misurella

Greetings!

2012 update Wills and Estate Planning

Seminar materials

Compiled by Kenneth Vercammen

1. Federal Estate Tax increased to Estates over $5,120,000, but New Jersey taxes estates over $675,000.

The Federal estate tax was reinstated for 2011 and 2012. The exemption amount will be $5 million per individual in 2011 and was indexed to inflation in 2012 to $5,120,000. Estates of people who died in 2010 can choose to follow either the rules in effect for 2010 or 2011.

The Act sets a $5 million generation-skipping transfer tax exemption and zero percent rate for the 2010 year.

New Jersey has an Estate Tax on amounts over $675,000. So, even if no Federal Estate Tax due, the estate must still file a Federal Estate Tax Return, plus NJ Estate Tax Return.

So, for an unmarried or widowed person with assets of $1,000,000

No Federal Estate Taxes, but Your Estimated State Tax:

$33,200.00

For an unmarried or widowed person with assets of $1,500,000, estimated NJ Estate Tax is over $60,000

2. Non formal writings could be Wills under the Revised Probate Law, so make sure you have a Formal Will drafted without notations written on it.

SENATE Law No. 708 made a number of substantial changes to the provisions governing the administration of estates and trusts in New Jersey.

The adoption of portions of the Uniform Probate Code attempted to bring greater uniformity to the rules governing testamentary and non-testamentary transfers to make most state laws similar.

The law expanded situations where writings that are intended as Wills would be allowed, but requires that the burden of proof on the proponent would be by clear and convincing evidence. Possibly a Christmas card with handwritten notes could be presented as a Will or Codicil.

To present a non-formal Will or writing requires an expensive Complaint and Order to Show Cause to be filed in the Superior Court, and a hearing in front of a Superior Court Judge.

Be careful; have a Will done properly by an experienced attorney.

3. We recommend Self- Proving Wills

An old New Jersey Probate law required one of the two witnesses to a Will to travel and appear in the Surrogate's office and sign an affidavit to certify they were a witness. This often created problems when the witness was deceased, moved away, or simply could not be located. Some witnesses would require a $500 fee to simply sign a surrogate paper.

The New Jersey Legislature later passed a law to create a type of Will called a "Self-Proving Will." In such a Will, the person for whom the Will is made must sign. Then two witnesses sign. Then the attorney or notary must sign; with certain statutory language to indicate the Will is self-proving.

When done properly, the executor does not have to locate any witnesses. This usually saves time and money. If your Will is not "self-proving" or if you are unsure, schedule an appointment with an elder law attorney. Some law offices ignore the revised law, and fail to prepare self proving Wills. Do not use the office that follows 1978 laws.

Beware of the "Elective share" Rights of a New Spouse. Have a Prenuptial Agreement if in a 2^nd marriage

The elective share provisions of the present Code has still not been changed yet. Currently, a spouse who is not given money in a Will can challenge the terms of the Will. This is called "electing against the Will by a spouse". A spouse could receive up to 1/3 of the estate, even if only married for 2 weeks. The spouse must file a caveat or lawsuit in Superior Court. We suggest a formal prenuptial agreement in 2^nd marriage situations.

A Testator now means both male and female individuals, removing the term "Testatrix". Will forms used by attorneys will need to be revised.

The law provides a statute of limitations with respect to creditor claims against a decedent's estate. There is no longer a need to publish a Notice Limiting Creditors.

4. Revised Statute Requires Palimony Agreements to be in Writing.

This law is intended to overturn recent "palimony" decisions by New Jersey courts by requiring that any such contract must be in writing and signed by the person making the promise. More specifically, the law provides that a promise by one party to a non-marital personal relationship to provide support or other consideration for the other party, either during the course of such relationship or after its termination, is not binding unless it is in writing and signed. The law provides that no such written promise is binding unless it was made with the independent advice of counsel for both parties.

This law eliminates the holdings of two cases, Devaney v. L'Esperance, 195 N.J. 247 (2008) and In re Estate of Roccamonte, 174 N.J. 381 (2002), the New Jersey Supreme Court upheld palimony agreements between two unmarried cohabitants. In the Devaney case the court held that "cohabitation is not an essential requirement for a cause of action for palimony, but a marital-type relationship is required." In the Roccamonte case, the court held that an implied promise of support for life is enforceable against the promisor's (cohabitant's) estate.

The new palimony law almost totally eliminates palimony in NJ.

5. Supreme Court held Will could be void if signed under suspicious circumstances

When there is a confidential relationship coupled with suspicious circumstances, undue influence is presumed and the burden of proof shifts to the Will proponent to overcome the presumption.

If there is undue influence in making of Will and transfer by Deed of a house by persons in Confidential relationship, this could subject those persons to punitive damages in some instances, plus voiding of the Will. In the Matter of the Estate of Madeleine Stockdale, Deceased 196 NJ 275 (2008)

6. Gifts permitted without Federal Estate & Gift tax was increased to $13,000 per person. The amount permitted for Medicaid transfers is zero.

7. NJ Inheritance tax

The NJ Inheritance Tax Return instructions and NJ Estate Tax Forms were revised in September, 2011. Throw out old forms. Even if no inheritance tax due, a Tax Waiver on a house must be obtained and filed if the house was not co-owned by the spouse.

8. Power of Attorney

Do not use a form purchased online, unless it contains reference to the NJ statute requiring banks to honor the Power of Attorney. Section 2 of P.L. 1991, c. 95 (c. 46:2B-11).

9. Federal Health Privacy Law (HIPAA)

A federal regulation known as the Health Insurance Portability and Accountability Act (HIPAA) was adopted regarding disclosure of individually identifiable health information. This necessitated the addition of a special release and consent authority to all healthcare providers before medical information will be released to agents and interested persons of the patients.

The effects of HIPAA are far reaching, and can render previously executed estate planning documents useless, without properly executed amendments, specifically addressing these issues.

Any previously executed Powers of Attorney, Living Wills, Revocable Living Trusts, and certainly all Medical Directives now require HIPAA amendments.

Powers of attorneys and Living Wills should be updated to reference this new law. More information on the HIPAA law at:

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

After you sign the Living Will in your attorney's office, provide a copy to your doctor and family.

More information on Wills and Probate at:

http://www.njlaws.com/more_articles_on____.asp?Category=Wills_and_Probate

2. Important Recent Case: Defendant Must Assert Speedy Trial on De Novo Appeal. State v Misurella 421 NJ Super 538 (App. Div. 2011)

In this appeal from a DWI conviction, the State concedes that the right not to be subjected to unreasonable delay applies to an appeal, see State v. Le Furge, 222 N.J. Super. 92, 98 (App. Div.), certif. denied, 111 N.J. 568 (1988), and therefore, to a trial de novo in the Superior Court. The court applied the factors established in Barker v. Wingo, 407 U.S. 514, 92 S. Ct. 2182, 33 L. Ed. 2d 101 (1972), and concluded that defendant's speedy trial right was not violated by a 798-day delay from the time he filed his notice of appeal in the Law Division under R. 3:23 until a trial de novo was actually held.

Editor's Note and Disclaimer:

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

website: www.njlaws.com

Facebook: http://www.facebook.com/pages/Kenneth-Vercammen-Associates-PC/149816077985

Linkedin: http://www.linkedin.com/in/kennethvercammen

E384 HAPPY NEW YEAR!!!! 1. New Year's Resolution - Put Your Estate Planning in Order. 2. Thank You to Friends, Client and Family for a Great Year.

2012-01-27T09:38:00.000-08:00

E384 HAPPY NEW YEAR!!!! 1. New Year's Resolution - Put Your Estate Planning in Order. 2. Thank You to Friends, Client and Family for a Great Year. 3. Recent Cases. DV Reversed where Court Permitted Testimony of Acts not set forth in Complaint.
	January 1, 2012

Office Phone Number:

(732) 572-0500

www.njlaws.com

In This Issue:

1. New Year's Resolution - Put Your Estate Planning in Order.

2. Thank You to Friends, Client and Family for a Great Year.

3. Recent cases. DV Reversed where Court Permitted Testimony of Acts not set forth in Complaint.

Greetings!

Happy New Year Friends, Clients, and Family!!!

1. New Year's Resolution - Put your Estate Planning in Order.

Add to your "to do" list having your Will prepared. You need a Power of Attorney and Living Will/ Advance Directive. Modern medicine and machinery can keep a person alive for long periods of time.

Unfortunately, a person is often kept alive in great pain or under circumstances that render him or her unconscious as to everything around them, while causing pain and anguish to the family.

Our state has passed a "Living Will" law, often called a "Death with Dignity" law, which allows a person to direct that heroic measures not be taken to prolong life in these unhappy situations.

This "Living Will" is not a substitute for a regular Will, which affects property rights. The "Living Will" is an independent document to be signed in addition to your regular Will.

Please let us know if you want a Will, Living Will/ Advance Directive or Power of Attorney prepared. My friends have put this off years.

______________________________________________

2. Thank You to Friends, Client and Family for a Great Year.

I would like to thank my friends for another good year in 2011, despite the difficult economy. So many of you were kind enough to tell others about our services. Since 1985, I have helped individuals and businesses with legal matters. With changing laws, it is important that your estate planning documents are updated to reflect your most valuable investments. As you know, all business must grow, and one of the safest ways to grow is to get referrals from satisfied clients. Thank you for referring friends and family. May the New Year 2012 bring happiness and good health to you and your family. 2011 was another exciting year for me. I was a speaker at the Municipal Court College Seminar sponsored by NJ State Bar Association.

Ken's son Brendan is now on an academic scholarship at U of Miami in Florida. He was County wrestling champ at 171 lbs. and All-State. Daughter Shannon has an A average and has already been accepted to the highly regarded University of Scranton.

3. Recent Cases. DV Reversed where Court Permitted Testimony of Acts not set forth in Complaint. J.D. v. M.D.F. 207 NJ 458 (2011) N.J.S.A. 2C:33-4 a. requires proof of a single communication that was made anonymously, at an extremely inconvenient hour, or in a coarse or offensive language, for the purpose to harass and in a manner likely to cause annoyance or alarm. Subsection c. requires proof of a course of alarming conduct or repeatedly committed acts with the purpose of alarming or seriously annoying the victim. Distinguishing between acts that constitute harassment for purposes of domestic violence and those that are ordinary domestic contretemps can be difficult. Such a determination may depend on the second inquiry required for complaints under the Act. Due process requires that a party in a judicial hearing receive notice defining the issues and an opportunity to prepare. It forbids the trial court from converting a hearing on one act of domestic violence into a hearing on other acts that are not alleged in the complaint. Trial courts should use the allegations in the complaint to guide their questions, and avoid inducing plaintiffs to abandon that history in favor of new accusations. Not all offensive or bothersome behavior constitutes harassment. Here, the trial court did not identify which subsection of the harassment statute it was applying. The evidence is not sufficient to support a finding under subsection a. because merely being outside of the home in the morning hours is not harassment and J.D. was unaware he was outside until R.T. alerted her, after which he beat a hasty retreat. 4. 2012 update Wills and Estate Planning Lunch and Law Seminar Free Lunch and Law Program! Friends, Neighbors, Clients and individuals involved in providing services to seniors are invited to the "2012 Update-Wills and Estate Planning" Seminar. Our annual Lunch & Law program is on January 11, 2012 from 12:15-1:00PM. Please email us if you plan on attending or if you would like us to email the materials. Complimentary sandwiches and materials will be provided. Main Topics: 1. The New Probate Law and Preparation of Wills 2. 2012 Changes in Federal Estate and Gift Tax Exemption 3. NJ Estate Tax $675,000 4. Power of Attorney 5. Living Will 6. Administering the Estate/ Probate/Surrogate 7. Question and Answer COMPLIMENTARY MATERIAL: Brochures on Wills, Answers to Questions about Probate and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts. In lieu of the $35 fee previously charged by the Adult School, please bring a canned food donation, which will be given to the St. James Food Bank on Woodbridge Avenue in Edison, NJ.

Editor's Note and Disclaimer:

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

website: www.njlaws.com

Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court

Facebook: http://www.facebook.com/kenneth.vercammen?ref=name

NJ Laws Email Newsletter E383 1. Happy Holidays and Merry Christmas; 2. The Holiday / Christmas Season is the Time for Giving. We have New Items

2012-01-27T09:35:00.000-08:00

NJ Laws Email Newsletter E383 1. Happy Holidays and Merry Christmas; 2. The Holiday / Christmas Season is the Time for Giving. We have New Items for Friends and Clients. 3. Happy Holidays & Season's Greetings Worldwide 4. Reminder: Buy a Unique Holiday Gift Idea! ....Gift Certificates for Wills & Legal Services. 5. 2012 Freezing Cold Hash Event Schedule. 6. Fun Events

1. Happy Holidays and Merry Christmas

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 several years. We sincerely appreciate our relationships and are thankful for the confidence many people have shown in us. 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 season, may we all be thankful and share in the hope for peace on earth and goodwill toward our fellow man.

We hope you have enjoyed the NJ Laws Newsletter produced by our Law Office. We spend hundreds of hours each year researching relevant cases, new laws and creating website articles for our clients and readers. We mailed to clients our 2012 American Flag calendar during the first week of December. We included a business card. Please share a business card with a friend or co-worker.

After December 27 we will have some additional American Flag calendars available. If you would like additional copies to give to friends, family or co-workers, stop in our office. Share the Flag and support the USA- America is #1.

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2. The Holiday/Christmas Season is the Time for Giving. We have New Items for Friends and Clients:

Coffee Travel Mugs

Yellow T-Shirt "My attorney fights to win"

Can Coozies

Water Bottle

Stadium Cup

Magnet Clip

Fish Cards

Band-Aid Holders

Candy/ Breath Mints

Please come to our office in Edison to pick up our gifts to newsletter readers. Please call the office and let our legal assistants know the date and time you will be coming in to pick up your free holiday gifts.

__________________________________________________________________

3. Happy Holidays and Season's Greetings Worldwide

FROHE

WEIHNACHTEN

PRÓSPERO AÑO NUEVO

HAPPY NEW YEAR

FRIEDEN

GLÜCKLICHES NEUES JAHR

JOYEUX NOËL

PRETTIGE

KERSTDAGEN

GELUKKIG NIEUWJAAR

BUON NATALE

BONNIE ANNEE

HYVÄÄ JOULUA

Wesoly Siat, Bozega Narodzenia (Merry Christmas in Polish)

4. Reminder: Buy A Unique Holiday Gift Idea! ................................

Gift Certificates for Wills & Legal Services

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

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

- A Will and consultation on Estate Planning & Probate

- Brochures on Wills, Probate, Insurance

- A 3-year subscription to the NJ Laws Email Newsletter

- All for only $350.00! -

Call 732-572-0500 for information regarding the Gift Certificate.

Other Legal Services available:

-Power of Attorney

-Living Will

5. 2012 Freezing Cold Hash Event Schedule.

I thank my friends, clients and fellow attorneys who attended the Ken Vercammen Christmas Party on December 2. Bar Anticipation was excited by the turn- out, and is inviting us to return. Mark your calendars for the Ken Vercammen St. Patrick's month party March 9. Information will be sent in the future.

Our next social event is the Annual Freezing Cold Hash Run on Saturday, January 7, 2012 at approx 10am. This is a non-competitive group run on trails in Edison near the Raritan River. You don't need to run to participate. You can just attend the party, or serve as a volunteer bartender.

http://www.active.com/running/edison-nj/freezing-cold-hash-run-2012?int=29-6

Hashing is not a race but a non-competitive group run. Participants follow a trail of White Flour as hash marks. This event is open to the public age 21 and over. We are helping raise food donations for the St. James Food Bank located at 2136 Woodbridge Ave, Edison, NJ

All participants are requested to bring a canned food donation for the St. James Food Pantry on Woodbridge Ave.

More details on the hash run at:

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

2012 Freezing Cold Hash Event Schedule:

Jan 7, 2012 7:30am pre-lube at 2053 Woodbridge Ave., Edison, and registration. The Open Bar and last minute registration are at Ken's Law Office garage. Last minute registration ends at 9am. No registration or booze in the park.

9:45 drive to Thomas Edison Park

Woodbridge Ave Rt 514 east

Right at Mill Rd

After Middlesex College, Edison, NJ, go left into Thomas Edison Park

The road is called Patrol Road

Approx ½ mile, then left and you will see Hash skull banner and parking lot

GSP type in 100 Patrol Road

Edison, NJ 08837

10am Star Spangled Banner by Dave DeMonico at Thomas Edison Park

10:05 group photo

10:17 start running

The course splits on two locations between Eagle trail and turkey trail. Eagle is more difficult and longer.

11:50 Free sandwiches and open bar at 2053 Woodbridge Ave., Edison, NJ

12:00 The "Hash Circle" sing politically incorrect songs and chugs of beer. Women can select "The Option" 2053 Woodbridge Ave.

12:30 Green Derby Bar opens Free draft beer 12:30-1:30. You need to pick up a wristband to enter the bar.

We also need volunteers. Please call 732-572-0500 if you would like to help out.

Helpers and Volunteers always needed for the setups.

The schedule for T-shirt pick up, set up and pre-lubes:

Sunday, Dec. 18, 2011; 10AM decorate garage and basement

Dec. 29, 2011;

12 Noon stuff goodie bags and setup party room in

basement free lunch

Dec 30, 2011;

12 Noon stuff goodie bags and setup party room in basement free lunch

Jan. 2, 2012

Pre-registered runner: T shirt and goodie bag & wristband pick up Ken's Office 2053 Woodbridge Ave. Monday 2-5pm No registration or shirt pick up is permitted in the county park. We want hashers to try to pick up shirts to avoid long lines on run date Jan 7. We are requesting hashers to pre-register at http://www.active.com/running/edison-nj/freezing-cold-hash-run-2012?int=29-6

If not pre-registered and no pre-event pick up, you are not guaranteed a Skull shirt.

Jan 3, 2012

T shirt /goodie bag/ wristband pick up Ken's Office 2053 Woodbridge Ave. Tuesday 3-5pm; same as above

Jan 4, 2012

T shirt /goodie bag/ wristband bag pick up Ken's Office 2053 Woodbridge Ave. Wednesday 3-5pm same as above

Jan 5, 2012

T shirt /goodie bag/ wristband pick up Ken's Office 2053 Woodbridge Ave. Thursday 2-5pm same as above

Jan 6, 2012

T shirt /goodie bag/ wristband bag pick up Ken's Office 2053 Woodbridge Ave. Friday 12-5pm

Also Thursday, Jan 5 & Friday Jan 6 in afternoon 1-4 For individuals not running, they can help put flour on the trail

Friday Jan 6 5pm-9pm- Help setup the Open Bar and decorate garage and Green Derby. Free beer for helpers

Questions- Call 732-572-0500 between 9:30-5pm

6. Fun events:

Dec. 21, 2011

Raritan Valley Road Runner RVRR Pub Crawl New Brunswick 7:30 approx. We discuss the hash run and what we still need to do while stopping at 6 bars

Dec. 27, 2011

Jersey Shore JSRC meeting 7:15 Location TBA somewhere in Monmouth County. Beer Freezing Cold Hash meeting at 6:25

Dec. 31, 2011

Polar Bear Races 5k Asbury Park 5mi Run, 1pm, 732-222-9080 Free Polar Plunge swim in Atlantic Ocean after race, then discount beer at Wonder Bar

Dec. 31, 2011

Jersey Shore Running Club Twilight Run, not a race 5:30 p.m.

Distance of run is about three miles.

Course will be on the Asbury Park Boardwalk, and back to

Porta Pizza ( www.pizzaporta.com), where the real fun begins.

one-hour open bar (draft beer, house wines, soda)

buffet provided by Porta, and random prizes.

Pre-register online at jerseyrunner.com

January 1, 2012

New Years Day Hangover Run 5k 12-noon CJRR Westfield

http://www.facebook.com/pages/Kenneth-Vercammen-Associates-PC/149816077985

Editorial Assistance provided by Nicole E. Wise, Esq. Ms. Wise graduated from Fordham University School of Law in 2011 and was admitted to the New Jersey Bar this past November.