2053 Woodbridge Avenue - Edison, NJ 08817

Monday, June 11, 2018

NJ LAWS NEWSLETTER E538 Kenneth Vercammen, Attorney at Law

April 4, 2018
1. Organ and Tissue Donation and Transplantation helpful information.
2. Not criminal harassment to publish rude flyers
3. Community events
4. April-May charity Running Races Charity
5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate
6. Protect your assets from Nursing Homes and Medicaid.

1. Organ and Tissue Donation and Transplantation helpful information.
   When is Organ Donation Awareness Month?
   National Donate Life Month is April. Every day in April, people across the U.S. make a special effort to celebrate the tremendous generosity of those who have saved lives by becoming organ, tissue, marrow, and blood donors and to encourage more Americans to follow their fine example. The celebration commemorates those who have received or continue to wait for life saving transplants and honors those who died while waiting.

    Who can be a donor? People of all ages and medical histories should consider themselves potential donors. Your medical condition at the time of death will determine what organs and tissue can be donated.   
     Does my religion support organ and tissue donation? Every major religion in the United States supports organ and tissue donation as one of the highest expressions of compassion and generosity.   

     Is there a cost to be an organ, eye and tissue donor? There is no cost to the donor's family or estate for donation. The donor family pays only for medical expenses before death and costs associated with funeral arrangements.
     Does my social and/or financial status play any part in whether or not I will receive an organ if I ever need one? No.  When you are on the transplant waiting list for a donor organ, what really counts is the severity of your illness, body size, tissue type, blood type and other important medical information.   

    Why should I register to be an organ and tissue donor? Organ and tissue transplants offer patients a new chance at healthy, productive, and normal lives and return them to their families, friends and communities.  To learn more or to register to become an organ and tissue donor, visit www.NJSharingNetwork.org. Also contact your attorney to have a Living Will/ Advance Directive prepared.

Dear Friends, 
       We are sharing this message from the NJ Sharing Network to promote organ donation.
April is National Donate Life Month and we are so excited for the launch of #SaveNJLives, our initiative designed to start conversations about organ and tissue donation and transplantation.  

Thanks to our volunteers, nearly 140 participating pizzerias, coffee shops, diners and bagel shops in New Jersey will distribute custom designed pizza boxes and coffee sleeves in April, leading people to our campaign website, www.SaveNJLives.com. There, visitors can find out how many people in their town are waiting for a life-saving transplant, share that information via social media, and learn additional ways to help. 

  • Visit www.SaveNJLives.com
  •  and share the number of people in your town waiting for a transplant on your Facebook and Twitter pages. Simply click the Facebook and Twitter icons on the site and follow the prompts to share. 
  •  Participate in the 5/20/18 NJ Sharing Network 5k Long Branch 8:30 Sun

2. Not criminal harassment to publish rude flyers. State v. Burkert (A-6-16)
This case tests the limits to which a broadly worded harassment statute, N.J.S.A. 2C: 33-4(c), can criminalize speech. 

HELD: To ensure that N.J.S.A. 2C:33-4(c) does not exceed its constitutional reach in cases involving the prosecution of pure speech, repeated acts to "alarm" and "seriously annoy" must be read as encompassing only repeated communications directed at a person that reasonably put that person in fear for his safety or security or that intolerably interferes with that person's reasonable expectation of privacy. 
 1. N.J.S.A. 2C:33-4 distinguishes between "communications" and "language" that violate the statute in subsection (a), and "conduct" and "acts" that do so in subsection (c). Although a "course of alarming conduct" or "repeatedly committed acts" can occur through communications and language alone, it is far from clear that the Legislature had in mind offensive speech as the object of N.J.S.A. 2C:33-4(c). That the primary thrust of N.J.S.A. 2C:33-4(c) is not to interdict speech, but rather conduct, is reinforced in State v. Hoffman, 149 N.J. 564 (1997). 
 2. Criminal laws touching on speech must give fair notice of where the line is set between what is permissible and proscribed and must be drawn with appropriate definiteness. A court can invalidate a statute that is substantially overbroad on its face if the statute reaches a substantial amount of constitutionally protected conduct. Such a drastic remedy, however, is not the only-and not even the preferred-approach. Provided that a statute is reasonably susceptible to an interpretation that will render it constitutional, courts must construe the statute to conform to the Constitution. 
 3. The vaguely and broadly worded standard in N.J.S.A. 2C:33-4(c) does not put a reasonable person on sufficient notice of the kinds of speech that the statute proscribes. The statute's vagueness also gives prosecuting authorities undue discretion to bring charges related to permissive expressive activities. That, in turn, means that the statute-if not more narrowly defined-has the capacity to chill permissible speech. Under N.J.S.A. 2C:33-4(c), a person who, with the purpose to seriously annoy another, does seriously annoy another is guilty of harassment. Speech, however, cannot be transformed into criminal conduct merely because it annoys, disturbs, or arouses contempt. The First Amendment protects offensive discourse, hateful ideas, and crude language because freedom of expression needs breathing room and in the long run leads to a more enlightened society. Outside of the category of obscenity, courts should not play the role of censor by engaging in a weighing of an expression's value or relative social costs and benefits. Speech cannot be criminalized merely because others see no value in it. Nonetheless, neither the First Amendment nor Article I, Paragraph 6 of our State Constitution prohibits the State from criminalizing certain limited categories of speech, such as speech that is integral to criminal conduct, speech that physically threatens or terrorizes another, or speech that is intended to incite imminent unlawful conduct. The First Amendment also does not bar states from enacting laws that punish expressive activity when substantial privacy interests are being invaded in an essentially intolerable manner.

3. Community events April

Edison Elks presents - An Evening of Southern Rock & Blues
April 14 at 6 PM - 10 PM *  Saturday,
Edison Elks #2487 - Edison, NJ 375 Old Post Road, Edison, New Jersey 08817 Come enjoy Southern Rock & Blues music while eating some good ol' Southern BBQ. All proceeds help fund the Elks Wildwood Convention and Parade. $25.00 Short ribs and chicken Open to the public

April 16, 2018 Please share with your friends
   Metuchen Library
Wills, Estate Planning & Probate Seminar
at 7:00pm Free community program
480 Middlesex Ave. Metuchen, NJ 08840
Open to the public. You do not need to be a resident to attend

South Plainfield Public Library
Wills, Estate Planning & Probate Seminar
April 19 at 7pm
Free community program
South Plainfield Public Library
2484 Plainfield Avenue
South Plainfield, NJ 07080


SPEAKER: Kenneth Vercammen, Esq. Edison, NJ (Author- Wills and Estate Administration by the ABA)
         The January 1, 2018 New Estate Tax law changes administration of estates and trusts in New Jersey.
Main Topics:
1. NJ Estate Tax eliminated on Estates as of January 1, 2018 & Veterans Tax credit
2. 2018 changes in Federal Estate and Gift Tax
3. The new Digital Fiduciary Act & New law permits Executor to resign if all parties consent
4. Power of Attorneys
5. Living Will
6. Administering the Estate / Probate / Surrogate 

April 20 Happy "April 20" day for Legal marijuana fans

4. April-May charity Running Races Charity
April 15th at 8:00am - Lincoln Tunnel 5k in Weehawken Sunday Wakefern Shoprite is co-sponsor
April 24, 2018 Runapoloza Jersey Shore relay & The Asbury Park Half Marathon   Wakefern Shoprite Corporate Team Past Champion jsrc.org

April 28, 2018   JSRC Lake Como 5k Romp 10am
Benefit BPOE Elks Camp Moore for Children with Special Needs & Lake Como Giving Tree      
April 29, 2018     29th Annual Tour de Franklin,Franklin Food Bank 62 mile & 40-mile bike 62 Mile Metric Century or     40 Mile   now Starts at Franklin High School

April 29, 2018 Captain Ronald Zinn Memorial Races 10k Racewalk 9am, 5krun 11am Wall Municipal Building

May 5, 2018 Farmlands bike This family-friendly event has marked routes in a variety of distances, from a leisurely 15,25,35 mile jaunt to the ambitious 50 mile, metric (62.5 miles) and century (100 miles)
Central Jersey Bike Club Middletown

May 6, 2018 Highland Park 5k Run in the Park   9am Sunday RVRR is volunteer group

May 13, 2018 Run the hook 5k   Sandy Hook 10am Wakefern Shoprite co-sponsor 5k/10k:

SAT MAY 19 2018 Follow Me 5K Run MILLTOWN, NJ   8:30am & 1 mile walk American Legion

May 25, 2018 "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. Jim W, Chris K, maybe even Daniel-son
   5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate
May 7, 2018 5:00 PM- 9:00 PM NJ Law Center
   Includes a 240 + page book with sample forms, documents & checklists! and light dinner
-WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly
-MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury
-KENNETH A. VERCAMMEN, ESQ. Co-Chair, ABA Estate Planning & Probate Committee, Past GP Solo Section Attorney of the Year
Past NJSBA GP Solo of the Year Edison, NJ
Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in today's society. Or, you may be looking for lucrative areas in which to expand your current practice, including administering their estates.
This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced lawyers seeking to expand into this field.

           A highly authoritative and experienced panel of elder law attorneys & estate planners will share proven techniques and experience it would take you years to gather on your own. You'll also gain insight on how Federal Medicaid Reform will impact your practice.
Everything you need to know about elder law & estate administration including:
* Why Have a Will? - Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client?
* Powers of Attorney - Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
* Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool - Why it should be used; Ethics - who is the client?; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
* Basic Tax Considerations - Jointly-held property; "I love you" Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters
* Estate Administration - New Probate Law in New Jersey - Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
* Medicaid Planning in Light of Federal Medicaid Reform - 
Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules; probate; undue influence; competency... and more.

$137-$180.00 Superior Court Judges can attend for free.  
General Tuition, reduced fee  for NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division [Free for Superior Court Judges and Law students]

Seminar #
More details contact New Jersey Institute for Continuing Legal Education The non-profit continuing education service of The New Jersey State Bar Association Constitution Square, New Brunswick, New Jersey 08901-1520  Phone: 732-214-8500

           Law students can attend for free, without material

6. Protect your assets from Nursing Homes and Medicaid seminar in Ocean City, NJ Free Begley Seminar

Protect the money you leave to your children from their divorce.

Protect your children's inheritance from creditors, taxes and their own poor judgment by using a Bloodline Trust.

Will I outlive my savings? What can I do?

How do I generate sufficient income from my savings? 
How much risk is appropriate in my investment portfolio?
Thursday, April 19th
11:30am Seminar and Lunch 
The Flanders Hotel
719 East 11th Street, Ocean City, NJ This seminar is free but reservations are required

Editorial Assistance provided by Meriam Kahany. Ms. Kahany is currently attending Rutgers University and is participating in Kenneth Vercammen's Spring Law Office Volunteer Internship Program.

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Editor's Note and Disclaimer:
All materials Copyright 2018. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com