2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, March 18, 2020

E580

E580

1. Valentine's Day February 14. Thomas Begley Esq. wrote: For Valentine's Day, we remind you to protect your loved ones by planning for the future. Estate and financial planning will ensure that your health care and financial goals are met if you should become incapacitated or after you pass away.  It will provide peace of mind to you and your family.    
   
    Regardless of your net worth, if you are over eighteen, it's important to have a basic estate plan in place. A basic estate plan should include a Will, a Power of Attorney, and an advance directive  (Living Will with health care proxy). To learn more about estate planning, please read  www.njlaws.com/wills.html.
 
2. No more stop for minor license plate holder partially obstructing Garden State
State v Roman- Rosado A-3703-17T4
    Following the stop of defendant's car for allegedly violating N.J.S.A. 39:3-33 because the license plate frame on the car's rear license plate "concealed or otherwise obscured" the words "Garden State" at the bottom of the license plate, a warrantless search of the car uncovered an unloaded handgun. The trial court denied defendant's motion to suppress the search and seizure of the handgun, and defendant subsequently pled guilty to second-degree certain persons not to possess a weapon, N.J.S.A. 2C:39-7(b)(1).

    In defendant's appeal, the court was asked to decide: (1) whether there was reasonable suspicion to stop defendant's car for violating N.J.S.A. 39:3-33; and (2) whether the subsequent search and seizure of the handgun was legally permissible.

  Based upon the common understanding of the words "conceal" and "obscure," this court concludes there was no reasonable suspicion to stop defendant's car for violating N.J.S.A. 39:3-33 where the minimal covering of "Garden State" did not make the words indecipherable. Hence, the seized gun was inadmissible to prove a second-degree certain persons offense.

     For the sake of completeness, the court further decides that even if there was reasonable suspicion to stop defendant's car for a N.J.S.A. 39:3-33 violation, the subsequent search was not legally permissible because it did not satisfy the State's proffered exceptions to conduct a warrantless search of an automobile, i.e., a search incident to arrest, or a protective sweep.

    Accordingly, the court reverses and vacates the conviction for second-degree certain persons not to possess weapons, and remands so defendant can move to vacate his guilty plea and have the judgment of conviction vacated pursuant to Rule 3:9-3(f).

3. New book: Defending DWI and Drug Possession (2020) Bound book List Price: $59.00 USD for NJ State Bar's new book
Written by: Kenneth A. Vercammen
    This informative handbook will provide you with guidance on how to handle everything pertaining to the drug and DWI defense - from the initial contact with the client, to walking into the courthouse, and managing the steps that follow. It is a "how to" manual that you and your staff can follow with checklists and forms.

      This book is intended to help solo/small-firm attorneys and newly admitted attorneys prepare to handle these cases and to better represent their clients. 
   
    This handbook will help attorneys represent persons charged with DWI, drug, and other criminal and traffic offenses.
Special Feature: Over 50 modifiable forms and motions
Over 50 forms and motions are included to help make you (and your staff) more efficient and productive, while also reducing the chance for mistakes.
  
    Bonus!
Also includes a section on marketing the DWI and drug defense practice.
     Table of Contents:
1 Pre-Interview
2 Office Interview and Preparing Notices to the Court and Prosecutor
3 Pretrial Motions
4 Trial Preparation
5 Trial
6 Sentencing and Post Trial
7 Supreme Court Caselaw and Federal Statutes
8 Marketing the DWI and Drug Defense Practice 
     Book # 1177719   New Jersey Institute for Continuing Legal Education  A Division of the NJSBA One Constitution Square, New Brunswick, NJ 08901 (732) 214-8500 ·
4. Next events
Mar 4, 2020 Review of the Major Municipal Court Cases Open to Retired and Active law Enforcement and Fire  at 12 noon   Sponsored by Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA at South Amboy Ancient Order of Hibernians AOH 271 2nd St, South Amboy, NJ 08879
 
March 4 Piscataway Expungement Seminar  7pm Piscataway Library https://www.facebook.com/events/163803638384261
  Speakers Allan Marain Esq. and Kenneth Vercammen Esq.  Mr. Marain notes on his exceptional website: Are you applying to nursing school? Would you like to be a teacher? Drive a school bus? Be a school crossing guard? Are you seeking a New Jersey firearms identification card? Perhaps you want to adopt a child or be a foster parent, or coach a Little League® baseball team. Maybe you're looking for a job in securities, or at Home Depot. Maybe you're just looking for a job, period. Any job. Were you ever charged with shoplifting? Or busted over a little weed?  Are any felony convictions, or even just arrests, on your record?
  Expungement (or expunction) in New Jersey is the isolation of a criminal record. The actual record is not literally "erased." Expungement do, however, erase many civil disabilities that convictions bring. Thus citizens whose criminal record has been expunged again become eligible to vote. They qualify for jury service and do not even have to mention they were ever arrested, or charged with an offense. Statutory firearms disqualifications are removed. And expunged records become generally not available from government sources. So in that sense, these records are erased from the sight of people doing public records searches through the courts, through the police, and even through the FBI. 
Learn more about clearing your records.

March 10 North Brunswick Public Library Seminar: Remove & Expungement of Criminal Arrests and Convictions 
-Free Seminar    at 7pm-8pm
North Brunswick Public Library
880 Hermann Rd.
North Brunswick, NJ 08902

March 11, 2020 East Brunswick Library Wills & Probate 7pm
 
March 19 the Criminal Law Section of NJ State Bar Association is having  Interlock companies each talk about their products at 5:30 before the 6pm Criminal Law section meeting of NJ Bar.
  Four companies invited. Each will talk for 5-6 minutes.
Questions to follow.
Interlock portion ends at 6pm.
Non members of Criminal Law Section of NJ State Bar Association may attend this informal non credit CLE
New Jersey State Bar Association
One Constitution Square | New Brunswick, NJ 08901
  For information on joining the Criminal Law Section of NJ State Bar Association, go to https://tcms.njsba.com
 
     All programs a free and open to public except Retired Police
 
2020 St Patrick Parades & events
Mar 1  Belmar St. Patrick Parade   Sun 1pm
Mar 6  Emerald Society Police bagpipes New Brunswick Elks- 6pm
Mar 7  Mt. Holly St Patrick parade & 5k Sat
Mar 8  Woodbridge - St. Patrick's   Parade
Mar 13 Newark St. Patrick Parade   1pm
Mar 14 Union St. Patrick Parade   1pm
Mar 15 Freehold St. Patrick's parade 12 noon  after 5 mile race
Mar 15 So Amboy St. Patrick's  Parade 2pm  http://www.southamboyparade.com/
Mar 17 NYC St Patrick parade
Mar 21  Highlands St Patrick Parade  2pm park near Central, then go to Inlet Cafe
 
   5.  Fun Upcoming Running Races & Charity events participated by Kenneth Vercammen       
  If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.com Often we car pool from East Brunswick /Edison or meet at these events. I update this list at http://vercammensport.blogspot.com I share these events so that even non-runners can walk or volunteer. All events help an area charity or non-profit. We encourage Americans to get off the couch and exercise to encourage fitness and good health.
Mar 7   Saturday Mt Holly St Patrick's Parade 5K run 11am
 
March 15   St. Paddy's 5 mile    10:30 Freehold Great FARC event Dress warm FARC is a 501(c) 3 not for profit organization. which typically donate over $25,000 each year to local charities.  farcnj.com
 
April 4  Runapoloza Jersey Shore relay & The Asbury Park Half Marathon   & 5k Wakefern Shoprite Corporate Team Past Champion  jsrc.org  8:30
 
April 25  Lake Como 5k Sat 10am        Start Bar A  Benefit BPOE Elks Camp Moore for Children with Special Needs & Lake Como Giving Tree      
 
April 26  Tour de Franklin, Franklin Food Bank  62 mile & 40-mile bike 62 Mile Metric Century or      40 Mile    now Starts at Franklin High School  
http://www.franklinfoodbank.org/events
__________________________________________________________________________

Wednesday, March 11, 2020

E581 1. Court claims parked car with engine running is operation. Attorney seeks Supreme Court reversal 2. Expungement seminars Reminder-Remove criminal charges 3. Learn at Ken Vercammen Spring Seminars 4. Spring Fun Running Races

E581
1. Court claims parked car with engine running is operation. Attorney seeks Supreme Court reversal
2. Expungement seminars Reminder-Remove criminal charges  
3. Learn at Ken Vercammen Spring Seminars
4. Spring Fun Running Races
Congratulations Office Manager Mike McDonald and Tonianne on the birth of baby #2
Welcome our Winter-Spring 2020 Law Clerks
Christopher Russo                        Rutgers University
Arti Sunder                                   Drew University
Steve Arciniega Castro                 New Jersey Institute of Technology
Mikala Valosin                             Rutgers University
Derrick Moore                              Fort Hays State University
Puja Mahendru                             Rutgers University
Samantha Morgan- Ricketts         Monroe College NY
       We partner with Rutgers, NJIT and other Universities for the college student mentor-internship program.http://www.njlaws.com/intern.html
1. Court claims parked car with engine running is operation. Attorney seeks Supreme Court reversal.  State v. Thompson Docket A-1909-19T6 
    In this appeal, the court held that an intoxicated defendant asleep and behind the wheel of a parked motor vehicle with its engine running is "operating" the vehicle within the meaning of N.J.S.A. 39:4-50(a).
     Defendant appealed from his convictions for DUI and refusing to submit to a breath test. Defendant argued that the state failed to present sufficient evidence to prove the statutory element that defendant was "operating" his vehicle under the influence of alcohol or that he had a conscious intent to do so. The court rejected defendant's argument and affirmed his conviction. The court noted that the evidence at trial showed that police were called to a convenience store where defendant was observed sleeping in his car with the engine running. As officers woke defendant, they noticed the strong odor of alcohol on his breath. Defendant acknowledged to officers that he had "a couple of drinks." After failing field sobriety tests, defendant was arrested. At the police station, defendant acknowledged that he had prescriptions for methadone, hydrocodone, Xanax, and Cymbalta and that he had consumed two alcoholic drinks within a three hours period. The court held that this evidence was sufficient for the factfinder to concluded that defendant was intoxicated while sleeping behind the wheel of his vehicle. The court ruled that defendant was "operating" his vehicle since operation of a motor vehicle could include sitting or sleeping behind the wheel of a vehicle with the engine running, even if the vehicle is not observed in motion. Finally, the court found defendant's other contentions on appeal to have insufficient merit to warrant discussion.
     Source Daily Briefing, an exclusive New Jersey State Bar Association member benefit, in partnership with the New Jersey Law Journal. Join the NJSBA for this benefit!
       Ken Vercammen was featured speaker in the American Bar Association ABA January Podcast
- Estate Planning and the Successful Practice GPSolo's podcast program. Listen online   
GPSolo Podcast Wills & Estate is posted
     Kenneth Vercammen was published in New Jersey Police Chief Magazine January 2020
  Top Criminal and Traffic Cases in NJ Municipal Courts 2019 page 28
    Kenneth Vercammen was published in ABA GP Solo Magazine
February 2020
Transitioning from Criminal Law to Estate Planning
2. Expungement seminars Reminder-Remove criminal charges  If someone has a criminal charge, get it expunged /removed now before it appears on the internet everywhere. More information on what an attorney can do at:
March 4 Piscataway Expungement Seminar 7pm Piscataway Library https://www.facebook.com/events/163803638384261
  Speakers Allan Marain Esq. and Kenneth Vercammen Esq. Mr. Marain notes on his exceptional website: Are you applying to nursing school? Would you like to be a teacher? Drive a school bus? Be a school crossing guard? Are you seeking a New Jersey firearms identification card? Perhaps you want to adopt a child or be a foster parent, or coach a Little League® baseball team. Maybe you're looking for a job in securities, or at Home Depot. Maybe you're just looking for a job, period. Any job. Were you ever charged with shoplifting? Or busted over a little weed?  Are any felony convictions, or even just arrests, on your record?
   Expungement (or expunction) in New Jersey is the isolation of a criminal record. The actual record is not literally "erased." Expungement do, however, erase many civil disabilities that convictions bring. Thus citizens whose criminal record has been expunged again become eligible to vote. They qualify for jury service and do not even have to mention they were ever arrested, or charged with an offense. Statutory firearms disqualifications are removed. And expunged records become generally not available from government sources. So in that sense, these records are erased from the sight of people doing public records searches through the courts, through the police, and even through the FBI.  

Learn more about clearing your records.
March 10 North Brunswick Public Library Seminar: Remove & Expungement of Criminal Arrests and Convictions -Free Seminar    at 7pm-8pm
North Brunswick Public Library
880 Hermann Rd.
North Brunswick, NJ 08902
    3. Learn at Ken Vercammen Spring Seminars. We have our busiest schedule of seminars and speaking events this Spring. In 2019 I ran 60 charity races. For 2020 I am speaking at 60 community and non-profit events.
 2020. All are free and open to public unless noted
Mar 4 Review of the Major Municipal Court Cases affecting Law Enforcement 2019-2020 12 noon South Amboy AOH police only
March 11, 2020 East Brunswick Library Wills & Probate 7pm
March 19 the Criminal Law Section of NJ State Bar Association is having several DWI  Ignition Interlock Device companies each talk about their products at 5:30 before the 6pm Criminal Law section meeting of NJ Bar.
  Four companies invited. Each will talk for 5-6 minutes.
Questions to follow.
Interlock portion ends at 6pm.
Non-members of Criminal Law Section of NJ State Bar Association may attend this informal non-credit CLE
New Jersey State Bar Association
One Constitution Square | New Brunswick, NJ 08901
  For information on joining the Criminal Law Section of NJ State Bar Association, go to https://tcms.njsba.com
Apr 14  Edison Wills Edison Main Library at 7:00 PM  https://www.facebook.com/events/441124216549593
April 15 Sayreville Wills, Estate Planning & Probate Seminar 6:30pm
April 16 South Plainfield Library Wills 6:30
April 20 Winning Strategies in Municipal Court NJ Bar $$
Apr 22 Milltown Senior Center Wills & Power of Attorney Seminar 1pm
April  22 Piscataway Library Wills & Power of Attorney Seminar at 7:00 PM
April 27 Clara Barton Library Will seminar 6pm   [middle Edison]
May 4 Nuts & Bolts of Elder Law & Estate Administration NJ Bar $$
May 5, 2020 Fords Library Wills seminar at 6:30 PM 
May 12 Metuchen Library Wills, Estate Planning & Probate Seminar 6:30
May 18 Woodbridge Library Wills, Estates & Probate Seminar at 7:00 PM
May 27 Monroe Senior Center Wills at 10:30 [Registered Monroe Seniors only]
June 10 Jamesburg Seniors Will Seminar 1pm
2020 St Patrick Parades & events
Mar 1  Belmar St. Patrick Parade   Sun 1pm
Mar 6  Emerald Society Police bagpipes New Brunswick Elks- 6pm
Mar 7  Mt. Holly St Patrick parade & 5k Sat race11am, parade 1pm
Mar 8  Woodbridge  St. Patrick's  Parade
       http://www.amerirish.com/id4.html   1:30
Mar 13 Newark St. Patrick Parade   1pm
Mar 14 Union St. Patrick Parade   1pm
Mar 15 Freehold St. Patrick's parade 12 noon  after 5-mile race
Mar 15 So Amboy St. Patrick's Parade 2pm     
Mar 17 NYC St Patrick parade
Mar 21 Highlands St Patrick Parade 2pm park near Central, then go to Inlet Cafe
4.  Spring Fun Running Races participated by Kenneth Vercammen
March 7   Saturday Mt Holly St Patrick's Parade 5K run 11am https://runsignup.com/Race/NJ/MountHolly/MtHollyStPatricksParade5K?remMeAttempt=
March 15  St. Paddy's 5 mile    10:30 Freehold     great FARC event Dress warm FARC is a 501(c) 3 not for profit organization. which typically donate over $25,000 each year to local charities.  farcnj.com
April 4     Runapoloza Jersey Shore relay & The Asbury Park Half Marathon   & 5k Wakefern Shoprite Corporate Team Past Champion  jsrc.org  8:30
April 25    Lake Como 5k Sat 10am        Start Bar A  Benefit BPOE Elks Camp Moore for Children with Special Needs & Lake Como Giving Tree      
April 26    Tour de Franklin,Franklin Food Bank  62 mile & 40-mile bike 62 Mile Metric Century or 40 Mile Starts at Franklin High School http://www.franklinfoodbank.org/events
May 9     Step Up for the Arc 5k   Sat 9:00am Oak Ridge Park in Clark
Wakefern Shoprite team event
May 17   NJ Sharing Network 5k Long Branch 8:30 Sunday
Wakefern Shoprite team event
May 22    "Legends of Belmar" Friday night of Memorial Day - "Start of Summer Happy Hour with the Legends of Belmar"  Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at D'Jais 5:30 free food Ocean Ave. Belmar, 7:30 Bar Anticipation 16th Ave not a race, just social event. The greats of Belmar beach volleyball, friends of Holme band and the beach start Memorial Day at D'Jais & Bar A. Give out American Flag stickers to lucky customers to show your support for USA and those who served. Marty P, John C. Chris K, Loud Scott, Legendettes, maybe even Daniel-son
May 23  Spring Lake Five Mile  Run    Saturday    8:30am then free food at Bar A. 
May 24  Navesink 1.2 mile swim   8:15 AM
May 25  North Brunswick Memorial Day 5k  8:30am North Brunswick Community Park Route 130 South


VercammenappoinKENNETH  VERCAMMEN  ATTORNEY AT LAW 
2053 Woodbridge Ave. Edison, NJ 08817      732-572-0500

NJ LAWS LEGAL WEBSITE: www.njlaws.com
     Our websites feature over 500 articles on New Jersey legal matters we handle:
1- Personal Injury, accidents and Civil Litigation   www.NJPersonalinjuryLawCenter.com
2- Criminal    www.BeNotGuilty.com
3- Traffic and DWI      www.BeNotGuilty.com
4- Wills, Probate and Estate Administration     www.CentralJerseyElderLaw.comtments@njlaws.com

Sunday, February 09, 2020

E579 1.Recent case: Police do not have to inform tenant of right to deny entrance to apartment. 2. Seminar: Remove & Expungement of Criminal Arrests and Convictions -Free Seminar, February 11, 2020 at 6pm. 3. Free Will Seminars and Speakers for Seniors and community groups. 4. How to Prepare Letters of Instruction To Family and Executor Regarding Funeral Arrangements, and Post-Death Procedures. 5. Congrats to Shannon Vercammen on obtaining her Master's Degree!

E579 1.Recent case: Police do not have to inform tenant of right to deny entrance to apartment. 2. Seminar: Remove & Expungement of Criminal Arrests and Convictions -Free Seminar, February 11, 2020 at 6pm. 3. Free Will Seminars and Speakers for Seniors and community groups. 4. How to Prepare Letters of Instruction To Family and Executor Regarding Funeral Arrangements, and Post-Death Procedures. 5. Congrats to Shannon Vercammen on obtaining her Master's Degree!
1. Recent case Police do not have to inform tenant of right to deny entrance to apartment. State v Teoshie Williams.

    In this appeal, the court addressed whether police officers must inform the occupant of a residence that he or she has the right to refuse the officers' request to enter the residence. The court determined that while officers are required to inform the occupant of the right to refuse to consent to a search of the premises, a similar requirement does not apply to requests to simply enter the residence. Finding that the initial entry into defendant's apartment based on her consent to enter was permissible, the court affirmed the trial court's denial of defendant's motion to suppress evidence seized in a subsequent consent search of the apartment following a lawful protective sweep. (A-3944-16T2)

2. Seminar: Remove & Expungement of Criminal Arrests and Convictions -Free Seminar February 11, 2020 at 6pm


   COST:  Free if you pre-register. Complimentary materials provided. Please bring a canned food donation, which will be given to the an Edison Bank. Please email us if you plan on attending or if you would like us to email the materials. 

SPEAKER:  Kenneth Vercammen, Esq. & Allan Marain, Esq. The NJ statute on expungement was revised in a law signed 12/18/19. If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed or received a Conditional Discharge. Under NJ Law past criminal arrests and convictions can be expunged/ erased easier under certain instances. This program will discuss the expungement process. Allan Marain is past chair of NJ Bar Criminal Law Section. Ken V served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone's ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement? 

Clara Barton Library Branch of Edison Library 
 141 Hoover Avenue 
 Edison, NJ 08837 
(732) 738-0096 

3. Free Will Seminars and Speakers for Seniors and community groups.

      The AARP Network Attorneys of the Edison/Metuchen/East Brunswick area had established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys of the Middlesex County Estate Planning Council have provided Will and Estate Planning Seminars to hundreds of seniors, library patrons, clubs, business owners and their employees, unions, and non-profit groups. These quality daytime educational programs will educate and even entertain. Libraries, senior centers, organizations and groups are invited to schedule a free Will Seminar. Please call Kenneth Vercammen Law Office at (732) 572-0500, emailVercammenLaw@njlaws.com.

4. 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

   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.



Shannon Vercammen graduated from Montclair University January 17, 2020 with MBA in Digital Marketing. 
  

 Happy Birthday to Cynthia Vercammen on February 11th and Shannon Vercammen on February 18th. 

Free old blow up Kayak from Poconos. Email kenv@njlaws.com. Pick up in North Brunswick

E578 2020 Estate Planning & Probate Newsletter and materials from January 15 Will and Estate Update By Kenneth Vercammen, Esq. Edison, NJ 1. Beware of cheap online forms. Always have proper Self- Proving Wills since witnesses often move or pass away. Often cheap online forms are rejected 2. Make sure your Will includes a formal "no bond required" 3. Include a funeral agent in your Will and Letter of Instruction to Family. 4. Problems if You Have No Will or a cheap online form not valid 5. Why periodic review and changes to Wills are recommended 6 2020 Federal Estate Tax Rates 7 Sign a new Power of Attorney- Do not use a form purchased online. 8. Have a new Living Will prepared to comply with the Federal Health Privacy Law (HIPAA)

E578 
2020 Estate Planning & Probate Newsletter and materials from January 15 Will and Estate Update

      By Kenneth Vercammen, Esq. Edison, NJ
1. Beware of cheap online forms. Always have proper Self- Proving Wills since witnesses often move or pass away. Often cheap online forms are rejected
2. Make sure your Will includes a formal "no bond required"
3. Include a funeral agent in your Will and Letter of Instruction to Family.
4. Problems if You Have No Will or a cheap online form not valid     
5.  Why periodic review and changes to Wills are recommended
6 2020 Federal Estate Tax Rates
7 Sign a new Power of Attorney- Do not use a form purchased online.
8. Have a new Living Will prepared to comply with the Federal Health Privacy Law (HIPAA)

1. Beware of cheap online forms. Always have proper Self- Proving Wills since witnesses often move or pass away. Often cheap online forms are rejected.
     The County Surrogates will reject for filing a Last Will and Testament when the Will was not correctly and legally signed and witnessed by independent persons.
      The prior 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 affidavit. A relative's old Will was not self- proving, and the witness to the Will forced to pay a $500 fee to sign paperwork. 
      The New Jersey Legislature later passed a law to create a type of Will called a "Self-Proving Will."  In the improved "Self-Proving Will", the person for whom the Will is made first must sign.  Then the two witnesses sign.  Then the attorney or notary must sign;
      Then the person signs a second time on the self-proving affidavit, then the witnesses sign a second time, then the attorney signs with certain statutory language to indicate the Will is self-proving.  Beware of online documents not prepared by an attorney. Never use a cheap form on line. No one tries to do their own electrical work on their home anymore or do their own dental work. Have a professional do it right.
      When done properly, the executor does not have to locate any witnesses. This usually saves time and substantial money.  If your Will is not "self-proving" or if you are unsure, schedule an appointment with an estate planning attorney. Some law offices ignore the revised law, and fail to prepare self proving Wills. Do not use a law office that follows old methods and does not do a self-proving Will. Ken Vercammen's office prepares Self Proving Wills.

2. Make sure your Will includes a formal "No Bond required" clause so the executor/ personal representative does not have to spend thousands of dollars being bonded.  
     Pull out your prior Will. Does it does not say No Bond required? If not, call an attorney to have a new Will prepared. If the Will does not say "No Bond required, usually the Executor will have to pay over $1,000 and go through the bonding process.

3. Include a funeral agent in your Will and Letter of Instruction to Family.
    A law was revised that recommends persons appoint a "Funeral agent" to be the official person to handle a funeral. If your Will was done more than three years ago, you want to write to the Executors to formally appoint them as funeral agent.
   If you don't have a Will, contact an attorney to have a Will prepared with the specific designation of someone as funeral agent.
   "I hereby nominate, constitute and my Executor to serve as my Funeral and Disposition Representative, pursuant to N.J.S.A. 45:27-22. ... More information on www.njlaws.com.

4. Problems if You Have No Will or a cheap online form not valid.     
     If you leave no Will or your Will is declared invalid because it was improperly 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 grand children.
       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.

5. Why periodic review and changes to Wills are recommended 
       Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will.  Some of these are:
-Death or incapacity of a beneficiary,
-Death, incapacity or change in residence of a named executor, trustee or guardian of infants
       -Bankruptcy or pending divorce of a child or grandchild
       - Substance abuse or spending problems of a beneficiary
       -Significant changes in the value of your total assets or in any particular assets, which you own 
       -A change in your domicile
       -Annual changes in tax law
       - Changes in who you like and who care about you
    A Will may be modified, added to, or entirely changed at any time before your death provided you are mentally and physically competent and desire to change your Will.  You should consider revising your Will whenever there are changes in the size of your estate. For example, when your children are young, you may think it best to have a trust for them so they do not come into absolute ownership of property until they are mature.  Beware; if you draw lines through items, erase or write over, or add notations to the original Will, it can be destroyed as a legal document.  Either a new Will should be legally prepared or a codicil signed to legally change portions of the Will.

6.  2020 Federal Estate Tax Rates
      For 2020, the basic exclusion amount will go up to a new total of $11.58 million. So for you millionaires out there, you will be taxed on estates over $11.58 million. New Jersey has temporarily  stopped the NJ Estate Tax. However, it is unclear if the governor's pledge to increase taxes on the rich will be approved.

7. Sign a new Power of Attorney- Do not use a form purchased online.
      A Power of Attorney should always contain 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). A NJ bank or brokerage company does not have honor a Power of Attorney without the NJ language. Also, if you or your representative move it is a good idea to have a new POA prepared since a bank may give your selected person a hard time if the address on their ID is different than the address on the POA.  
      A Power of Attorney is a written document in which a competent adult individual (the "principal") appoints another competent adult individual (the "attorney-in-fact") to act on the principal's behalf. You usually select a spouse, child or family member. In general, an attorney-in-fact may perform any legal function or task, which the principal has a legal right to do for him/herself. You may wish to sign a Power of Attorney giving your spouse, children or partner the power to handle your affairs if you become ill or disabled. In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your spouse, family or partner cannot pay your bills or handle your assets.  The result can be lengthy and expensive delays. Have a current Power of Attorney prepared. Avoid having to spend $4,000 on a lengthy guardianship.

8. Have a new Living Will prepared to comply with the Federal Health Privacy Law (HIPAA)
   The 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.     
    Any old Powers of Attorney, Living Wills, Revocable Living Trusts, and certainly all Medical Directives now require HIPAA amendments.  After you sign the Living Will in your attorney's office, provide a copy to your doctor and family.
    Powers of Attorneys and Living Wills should be updated to reference this Federal reg.
A Living Will is your written expression of how you want to be treated in certain medical conditions. Depending on state law, this document may permit you to express whether or not you wish to be given life-sustaining treatments in the event you are terminally ill or injured, to decide in advance whether you wish to be provided food and water via intravenous devices ("tube feeding"), and to give other medical directions that impact the end of life. "Life-sustaining treatment" means the use of available medical machinery and techniques, such as heart-lung machines, ventilators, and other medical equipment and techniques that will sustain and possibly extend your life, but which will not by themselves cure your condition. In addition to terminal illness or injury situations, most states permit you to express your preferences as to treatment using life-sustaining equipment and/or tube feeding for medical conditions that leave you permanently unconscious and without detectable brain activity.
   Example:
A.  Fluids and Nutrition. 
I request that artificially provided fluids and nutrition, such as by feeding tube or intravenous infusion (initial one, not both)

1. ______ shall be withheld or withdrawn as "Life Sustaining Treatment."
                                                     
2. ______ shall be provided to the extent medically appropriate even if other "Life Sustaining Treatment" is withheld or withdrawn.

B.  Directive as to Medical Treatment.
     I request that "Life Sustaining Treatment" be withheld or withdrawn from me in each of the following circumstances: (Initial all that apply. Most people initial 1-4, all of them)

1.  ______ If the "life sustaining treatment" is experimental and not a proven therapy, or is likely to be ineffective or futile in prolonging my life, or is likely to merely prolong an imminent dying process;
2. ______ If I am permanently unconscious (total and irreversible loss of consciousness and capacity for interaction with the environment);
3. ______ If I am in a terminal condition (terminal stage of an irreversibly fatal illness, disease, or condition); or
4.  ______ If I have a serious irreversible illness or condition, and the likely risks and burdens associated with the medical intervention to be withheld or withdrawn outweigh the likely benefits to me from such intervention.
                         ______ None of the above. I direct that all medically appropriate measures be provided to sustain my life, regardless of my physical or mental condition. I want to be kept alive for as long as possible.

     ___ None of the above. I direct that all medically appropriate measures be provided to sustain my life, regardless of my physical or mental condition.  [This means you want to be kept alive with tubes]
If you or anyone you know needs an updated Will, Power of Attorney or Living Will, please have them fill out our confidential interview from and schedule a consult. Call the Law Office of Kenneth Vercammen at 732-572-0500 to schedule an in-office consultation.
Kenneth Vercammen & Associates
Attorney at Law
2053 Woodbridge Ave
Edison, NJ 08817

"CONFIDENTIAL WILL QUESTIONNAIRE"
         Please fill out completely and email, fax or mail back for Vercammen Law to draft your Will. Email, typing name is best. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney.
         Please be sure to check all appropriate boxes. If "NONE", please state "NONE".  If "NOT APPLICABLE", please state "N/A" 
PLEASE PRINT CLEARLY
1.    Your Full Name: ____________________

2.    IF MARRIED OR SEPARATED, complete (a) and (b) below.  If married no need to fill out separate forms unless you want different Executors

Spouse's Full Name: ___________________________________
                                   First                         Last

3.  Your Street Address: ___________________               

City _______________________ State ____  Zip Code _____
             
4.    Telephone Numbers:                

Cell: _______________________________  other #  ________
                                                                                      

5.    E-mail address: ________________________

6. Referred By: _________________________
  If referred by a person, is this a client or attorney?  If you heard about the law office on the Internet, what search terms did you use? If Legal plan, write Claim number & ID. [Hyatt, UAW] ____________

7. Today's Date ____________________
We recommend a Durable Power of Attorney in the event of your physical
or mental disability to help you with financial affairs? 
                                                                       Yes ________  No ________
    We recommend a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo; Karen Quinlan?      
                                                                         
                                                                           Yes ________  No ________
Confidential Will Q                         
  How can we help you? What are your questions/other important information that need to be addressed?

____________________________________

 [It is required by Court Rules that all pages be filled out in person's own handwriting prior to seeing the attorney]
8.    Your Marital Status:        [  ] Single        [  ]  Married         [  ]  Separated                       [  ] Divorced        [  ]  Widowed  

9.  Your Day/Month  of birth:  ___________________  
                                        

10.  Spouse Day/Month of birth:  _________________  
                                           
11.  If you are the parent or legal guardian of a minor child or minor children, please check here.  [   ]
2.  ESTATE EXECUTOR
         The person charged with administering/Probating your estate, paying taxes and/or other debts, preserving, managing, and distributing estate assets and property is called an Executor. This person should be one in whom you have trust and confidence. Your SPOUSE is usually named as primary Executor, followed by the child who lives closest to your home.
         Please provide the following information about the person you wish to name to serve in this capacity.
1. PRIMARY Choice of Executor/Personal Representative in Power of Attorney:

Name: _________________________     _______________
            First                               Last

Relationship: _______________ Address: ________________

2. SECOND Choice of Executor/Personal Representative in Power of Attorney:
         This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death, or is unable to serve.

Name: _________________________     _____________________
            First                                 Last

Relationship: _______________  Address: ______________
    The two proposed Executors must be filled out prior to meeting the attorney. We do not recommend Joint Executors, which often cause conflicts and additional work for the Estate. It is best to select one primary person, then a secondary person.

Asset Information- Must Be Completed - If none, write "none"

House/Real Estate Address  ______________________

Other Real Estate Address  ______________________

Estimate Total Real Estate Value: _____________ mortgage balance ___

Bank Accounts, Stocks, CDs and Assets: ____________

Approximate Amount ___________________________

Direct Beneficiaries of Accounts - If none write "none" __________

Other Major Assets - If none, write "none" ____________

Approximate Life Insurance: _________________    Beneficiary _____________

  Is total more or less than $11,500,000 ? ____________
In the Will- Who do you want to get your assets:

Beneficiary (1) _______________________   Relationship _________

Beneficiary (2) _______________________   Relationship ________

Beneficiary (3) _______________________   Relationship _______
    It is required that major assets and beneficiaries be filled out prior to seeing the attorney. A best guess. Also, list who receives assets if a beneficiary dies prior to you if that person's share does not go to their children. No account numbers needed.
Any Specific Bequests of Money and Property:
_____________________________________________
 [  ] A. MARRIED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN).
       Generally most married people provide that, upon their death, property will be distributed as follows:
         1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse.
         2. If your spouse predeceases you, then your estate will be divided in equal shares among all of your living children, If any child shall predecease you, then that child's share to their children (grandchildren).

Names of Children:  ______________________________  Age: _____

____________________________________________    Age: _____
    LIST THE NAMES AND AGES OF ALL CHILDREN EVEN IF THEY ARE OLDER THAN EIGHTEEN. IF NO CHILDREN, WRITE NONE. If no minor children, skip page 5.

III. GUARDIAN(S) OF MINOR CHILD(REN) or Trustees of Trust
       [Skip this section if you have NO minor children and DO NOT want a trust. There are substantial additional fees for preparation of a Trust, minimum $2,500 for stand alone trusts]
       The surviving parent of a minor child is ordinarily entitled to be the GUARDIAN of that child. In the case of simultaneous death of you and your spouse, or if you are a single parent, you should appoint a Guardian for your minor child. It is advisable, prior to the completion of this Questionnaire, to make sure that your proposed Guardian(s) is (are) willing to serve as Guardian(s). In addition, the Guardian will also hold the monies for the minor children UNLESS you direct us otherwise. In your Will you can have any adult serve as Trustee of monies for minor children.
         Provide the following information about the person(s) you select to be Guardian(s)/Trustee(s). In the event my spouse predeceases me, I name as GUARDIAN(S)/ TRUSTEE(S):

1.  PRIMARY Choice of GUARDIAN / TRUSTEE:

Full Name: _______________________________________

Relationship: ______________________________________

2.   SECOND Choice of GUARDIAN / TRUSTEE:

Full Name: _______________________________________

Relationship: _____________________________________
[  ] B. MARRIED PERSONS WITH NO CHILD(REN) OR GRANDCHILD(REN).
       Generally most married people with no child(ren) or grandchild(ren) provide that upon their death their property will be distributed as follows:
1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse, but
2. If your spouse predeceases you, then your estate will be distributed to your living parent, or equally to your living parents. 
3. But should both of your parents predecease you, then your estate will distributed equally to your brothers and sisters or equally to the children of a predeceased brother or sister.
         Please check B above only if you wish your property distributed precisely and exactly as indicated in section B, 1 through 3, above.
   Additional information on Wills, Probate and Elder Law available at www.njlaws.com. This interview form online at http://www.njlaws.com/will_questionnaire.html

[ ] C. DIVORCED OR WIDOWED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN). Generally, most divorced or widowed persons with child(ren) or grandchild(ren) provide that upon their death property will be distributed as follows:  1. Your estate (all property and assets not owned jointly with another person) will be distributed in equal shares to all of your living child(ren).
         2. But if one or more of your children predeceases you, that deceased child's share will be distributed to his or her child(ren), your grandchild(ren) in equal shares
        [  ] D. ALTERNATE PLAN OF DISTRIBUTION - You may list specific gifts to individuals and/or divide your estate among several individuals by listing percentages to each, making sure that the percentages total 100%. You may add additional sheets if necessary or use the back of this form.  There are additional Will preparation fees if there are gifts, called specific bequests.
       Are there any beneficiaries with special needs, or receiving SSI or SDD or there are reasons why they should not receive money outright? Please answer in detail      ___________________________
    Are you or any of your Beneficiaries not United States citizens? _______
If not US citizen, extra taxes may apply.
Do you have any religious wishes on burial? ___, Are you a USA Veteran or Elks member?_
       PLEASE WRITE DOWN ANY QUESTIONS YOU HAVE HERE or anything else important that we should be aware. Use back of this page for additional important information or type a list:

___________________________________________________________
      If your assets exceed $11,500,000 and you desire estate planning to avoid or reduce your estate tax or require a Trust to protect a spouse or children, please advise Mr. Vercammen.  A Standard Will is not designed to address estate tax issues. We do not do Medicaid Nursing Home Planning. The law office building has four steps in the front so please advise us if you need assistance ahead of time.
                  WILLS: 
T 1- Parents with minor children and trust for children 22,25,30  ___________
T 2- Parents no spouse                                                                ____________
T 3- Unmarried                                                                            ____________
T 4- Parents without trust                                                           ____________
T 5- Spouse Trust Will $ for spouse to go in Trust ? [2nd marriage
or protect assets from Medicaid]                                                  _____

         PAYMENT WILL BE MADE BY:  (Please circle one)
Check, Credit Card (Visa, Mastercard, American Express) or Cash
Checks are payable to Vercammen PC
         Payment is required for Will, Power of Attorney and other document preparation at the first consult and prior to any documents being drafted. Minimum fee for Last Will and Testament preparation is $300 each. We charge a $150.00 consultation fee, which is credited to the preparation of the Will or other document. This $150.00 fee is non-refundable even if the documents are not prepared. If there are any changes to a draft form Will, Power of Attorney, or other document, there will be a minimum charge of $75.00 per revision. The Will needs to be signed within 21 days of initial consult or an additional fee of $100.00 will be charged. Due to complexity and need to re-title assets, Fees for Stand-a
Alone Trusts are minimum $3,000.

This form was filled out by:  sign name _________________________

__________________________________________________________________________

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