2053 Woodbridge Avenue - Edison, NJ 08817

Thursday, July 01, 2021

E618 Newsletter

 

E618 Newsletter
1. Ten Common Mistakes in Medicaid Planning and Estate Recovery
2. Recent YouTube Educational videos
1.  Ten Common Mistakes in Medicaid Planning and Estate Recovery
1. Waiting.  The single biggest mistake is waiting to plan.  As a general rule, the sooner Medicaid planning begins the better the result.  If significant assets are transferred, there is a five-year lookback, and the five-year lookback does not begin until the assets are actually transferred.  Start now.

2. Failing to Transfer the Home.  If the Medicaid applicant is married and the community spouse is residing in the home, their home is not considered to be a countable asset for Medicaid eligibility purposes.  However, if the house is still titled in both spouses' names when the institutionalized spouse dies, Medicaid will place a lien on the home.  When the community spouse sells the house or dies, Medicaid will insist on repayment.  Transferring title prevents this.

3. Failing to Disclose all Assets or all Transfers to Medicaid.
Failure to disclose assets or transfers to Medicaid constitutes Medicaid fraud, which is a criminal offense.  It can also cause a loss of eligibility and Medicaid may demand repayment for past medical assistance.

4. Failing to Change the Will of the Community Spouse.
Spouses usually have wills leaving their estates to the other.  However, if a community spouse has a will leaving assets to the institutionalized spouse, the institutionalized spouse will be disqualified from Medicaid until all of the inheritance is spent down.  In New Jersey there is an elective share statute, so the community spouse should leave the institutionalized spouse the minimum amount to satisfy the elective share but the remainder should be left to children or other family members or friends.

5. Failing to Transfer Aggressively. Occasionally individuals transfer assets to children but retain too much in their own names.  If this happens, there will be excess resources at the time the individual would otherwise be eligible to apply for Medicaid, and those excess resources will have to be spent down, further delaying Medicaid eligibility.  It is always better to over-transfer to reliable children, family or friends, because those individuals can retransfer to the extent necessary to pay for care.

6. Failing to Administer Trusts Properly.  Frequently individuals place assets in irrevocable trusts and then take them back out in whole or in part, or they use trust funds to directly pay long-term care expenses.  Medicaid correctly considers these trusts to be a sham.

7. Timing of Snapshot.  In New Jersey the community spouse is allowed to keep one-half of the countable assets with a maximum of $130,380 in 2021.  If assets are spent down below $260,760 prior to the snapshot, which is the date of the Medicaid application or the date of institutionalization, whichever first occurs, then half will be less than $130,380.

8. Failing to Take Advantage of Exempt Transfers.  Exempt transfers are discussed above.

9. $15,000 Transfers.  Individuals think they can transfer $15,000 per year to each child without a transfer of asset penalty.  They are confusing what used to be the annual exclusion for gifts under the Federal Gift Tax law with Medicaid transfer of asset rules.  New Jersey does not have a de minibus exemption for transfers from the transfer of assets penalty, so technically even modest birthday and holiday gifts are subject to the penalty.  Most caseworkers will overlook those modest gifts, but some will not.

10. Failing to Take Assets out of an Income Only Trust. An individual can transfer assets to an irrevocable trust reserving income to himself.  The transfer of asset penalty begins when the assets are transferred to the trust.  However, New Jersey has a broad definition of estate recovery, so assets in the Income Only Trust would be included for estate recovery purposes.  The solution is to transfer the assets out of the Income Only Trust prior to applying for Medicaid. This will result in a transfer of asset penalty calculated by applying the average income over the past five years by the life expectancy of the Medicaid applicant.  It is better to pay the penalty than to lose the assets to estate recovery.

Estate Recovery
 
      New Jersey recovers from the estates of deceased Medicaid recipients.  New Jersey has a broad definition of estate for this purpose.  No recovery is made until after the death of the Medicaid recipient's surviving spouse, and then only if there are no surviving children under the age of 21 or that are blind or permanently disabled.  Federal law requires estate recovery only from a probate estate, but New Jersey has expanded that definition to include all assets, real and personal, including assets conveyed to a survivor through joint tenancy, tenancy in common, survivorship, or a living trust.  A third party trust established for the benefit of the deceased Medicaid recipient is not subject to estate recovery.  However, under the concept of tracing, if a trust is established by a third party with assets owned by the Medicaid applicant within five years prior to the beneficiary's death, then those assets are subject to estate recovery.  Again, there are hardship provisions, but hardship is extremely difficult to prove.  While the statute excludes a life estate, an Income Only Trust would be included in estate recovery.  Estate recovery applies only to Medicaid payments made for services received after the individual attains age 55.  No recovery is made if the estate is under $500. .
More Valuable information on Medicaid and asset protection at BegleyLawGroup.com
2. Recent YouTube Educational videos
No more license suspensions for FTA
No more license suspensions for FTA
PTI can’t be conditioned on jail time State v Chen
PTI can't be conditioned on jail time State v Chen
Court here rejects protective sweep where defendant handcuffed State v Radel
Court here rejects protective sweep where defendant handcuffed State v Radel
AG Directive Pot Cases already resolved Vacate plea or Conditional Discharge
AG Directive Pot Cases already resolved Vacate plea or Conditional Discharge
What police can’t do if smell pot or alcohol with person under 21
What police can't do if smell pot or alcohol with person under 21

E619 Newsletter

 

E619 Newsletter
Stars
1. US Supreme Court rules against warrantless seizure of guns in home while man is in hospital for suicide evaluation.
2. Happy Father’s Day June 20 to my Dad, Al Vercammen.
3. Garage Space rental Edison. 
4. Seminar A Review of the NJ Supreme Court’s on Committee on Advertising.
5. Bands and concerts 2021 and outdoor events updated.
6. Summer Charity Running Race schedule.
7. Recent Educational Videos.
1. US Supreme Court rules against warrantless seizure of guns in home while man is in hospital for suicide evaluation.
CANIGLIA v. STROM No. 20–157 Decided May 17, 2021
              During an argument with his wife, petitioner Edward Caniglia placed a handgun on the dining room table and asked his wife to “shoot [him] and get it over with.” His wife instead left the home and spent the night at a hotel. The next morning, she was unable to reach her husband by phone, so she called the police to request a welfare check. The responding officers accompanied Caniglia’s wife to the home, where they encountered Caniglia on the porch.
              The officers called an ambulance based on the belief that Caniglia posed a risk to himself or others. Caniglia agreed to go to the hospital for a psychiatric evaluation on the condition that the officers not confiscate his firearms. But once Caniglia left, the officers located and seized his weapons. Caniglia sued, claiming that the officers had entered his home and seized him and his firearms without a warrant in violation of the Fourth Amendment. The District Court granted summary judgment to the officers. The First Circuit affirmed, extrapolating from the Court’s decision in Cady v. Dombrowski, 413 U. S. 433, a theory that the officers’ removal of Caniglia and his firearms from his home was justified by a “community caretaking exception” to the warrant requirement.
              Held: Neither the holding nor logic of Cady justifies such warrantless searches and seizures in the home. Cady held that a warrantless search of an impounded vehicle for an unsecured firearm did not vio- late the Fourth Amendment. In reaching this conclusion, the Court noted that the officers who patrol the “public highways” are often called to discharge noncriminal “community caretaking functions,” such as responding to disabled vehicles or investigating accidents. 413 U. S., at 441. But searches of vehicles and homes are constitutionally different, as the Cady opinion repeatedly stressed. Id., at 439, 440– 442. The very core of the Fourth Amendment’s guarantee is the right of a person to retreat into his or her home and “there be free from un- reasonable governmental intrusion.” Florida v. Jardines, 569 U. S. 1, 6. A recognition of the existence of “community caretaking” tasks, like rendering aid to motorists in disabled vehicles, is not an open-ended license to perform them anywhere.
2. Happy Father’s Day June 20 to my Dad, Al Vercammen
Happy Father’s Day June 20 to my Dad, Al Vercammen, veteran of Korean War, past president Metuchen First Aid, and a volunteer leader of the YMCA Indian Guides. As a kid one of my great memories was to sit in the Metuchen First Aid ambulance and hit the siren as we rode in the Metuchen Memorial Day parade. Dad was selected as Man of the Year by the Metuchen Jaycees for his volunteer work. Dad and mom traveled to Scranton while I was in college to see Mike Brennan and I win a race for the University of Scranton Varsity Cross-Country team. We enjoyed spending time every Memorial Day, 4th of July and Labor Day with then for 28 years at the Poconos Lake house, now at Dad’s Active Adult Community in Jackson on Father’s Day
    My sister Janet wrote: “Honoring my dad Albert Peter Vercammen on Father's Day! A little history about this remarkable man...Both his parents came from Belgium with his father Albert Louis originally from Antwerp & his mother Virginia from Brussels. My dad lived in an apartment with his parents & sister Rosie in Jersey City, New Jersey. Later, Al served in the Korean War in January 1955 & after his return was working full time as a plant manager plus going to college to be an engineer. Luckily, one weekend he went to a singles resort and met the love of his life Carol Ann Rasche who lived in the Bronx, NY! He threw a football & Carol caught it so he thought "wow. she's athletic!" Al & Carol were married September 6, 1958, had three children (Kenneth Albert, Steven Edward & Janet Ellen), a dog named Snoopy & had over 61 years of adventures together!  Carol & Al started their journey together in Jersey City, then moved to Edison, NJ for 43 years, had a house in the Poconos for 28 years & then made a great decision to move to an active community in Jackson, NJ. They made many friends & joined so many clubs that it's hard to list them all! I once asked my dad to list all the places & countries he & mom visited & he said it would be easier to list where they "didn't" go!! It's amazing now to look back & see what great role models my parents are & all the memorable family camping vacations, trips to the Jersey shore and many long car rides in the family station wagon!! Besides all the great trips & my dad working full time he was a volunteer for the Metuchen First Aid Squad, was active with his children in Indian Guides & Indian & Princesses & always has a positive & easy going attitude!  On this Father's Day want to thank my dad for being an amazing dad, grandfather & friend! Happy Father's Day to all the dads out there.
Happy Father’s Day June 20 to my Dad, Al Vercammen, veteran of Korean War, past president Metuchen First Aid, and a volunteer leader of the YMCA Indian Guides. As a kid one of my great memories was to sit in the Metuchen First Aid ambulance and hit the siren as we rode in the Metuchen Memorial Day parade. Dad was selected as Man of the Year by the Metuchen Jaycees for his volunteer work. Dad and mom traveled to Scranton while I was in college to see Mike Brennan and I win a race for the University of Scranton Varsity Cross-Country team. We enjoyed spending time every Memorial Day, 4th of July and Labor Day with then for 28 years at the Poconos Lake house, now at Dad’s Active Adult Community in Jackson on Father’s Day
    My sister Janet wrote: “Honoring my dad Albert Peter Vercammen on Father's Day! A little history about this remarkable man...Both his parents came from Belgium with his father Albert Louis originally from Antwerp & his mother Virginia from Brussels. My dad lived in an apartment with his parents & sister Rosie in Jersey City, New Jersey. Later, Al served in the Korean War in January 1955 & after his return was working full time as a plant manager plus going to college to be an engineer. Luckily, one weekend he went to a singles resort and met the love of his life Carol Ann Rasche who lived in the Bronx, NY! He threw a football & Carol caught it so he thought "wow. she's athletic!" Al & Carol were married September 6, 1958, had three children (Kenneth Albert, Steven Edward & Janet Ellen), a dog named Snoopy & had over 61 years of adventures together!  Carol & Al started their journey together in Jersey City, then moved to Edison, NJ for 43 years, had a house in the Poconos for 28 years & then made a great decision to move to an active community in Jackson, NJ. They made many friends & joined so many clubs that it's hard to list them all! I once asked my dad to list all the places & countries he & mom visited & he said it would be easier to list where they "didn't" go!! It's amazing now to look back & see what great role models my parents are & all the memorable family camping vacations, trips to the Jersey shore and many long car rides in the family station wagon!! Besides all the great trips & my dad working full time he was a volunteer for the Metuchen First Aid Squad, was active with his children in Indian Guides & Indian & Princesses & always has a positive & easy going attitude!  On this Father's Day want to thank my dad for being an amazing dad, grandfather & friend! Happy Father's Day to all the dads out there.
3. GARAGE RENTAL SPACE AVAILABLE EDISON for storage of antique cars or supplies
2 space available
$200 month Electricity included
drive up access
 
EMAIL: cvercammenlaw@outlook.com
 
[No contractor vehicles. No repairs or cleaning permitted on site. This is a professional building]
2053 Woodbridge Ave,. Edison, NJ
4. Seminar A Review of the NJ Supreme Court’s on Committee on Advertising Recent Reminder on “Best and Super Lawyers” Advertising & how to Advertise and Market Ethically seminar
June 22, 2021
Presented on Zoom
6/22/2021
12:15 to 1:45 p.m.
    Attorneys- earn your annual ethics credit
Speakers
 
Jeffrey Apell, Esq.
Chair, NJ Supreme Court’s Committee on Advertising
Posternack Apell, P.C., Moorestown
 
 
Carol Johnston, Esq.
Office of Attorney Ethics (Trenton)
 
Ken Vercammen, Esq
Author ABA Wills & Estate Administration book
 
5. Bands and concerts 2021 and outdoor events updated.
Saturday, June 26 LIVE MUSIC at Edison Elks !!!!!******* C’mon out to the grove : 12p-6p Grey Ghost Band Bennett Daniels Band Food and Beverages available for purchase. 50/50 will be sold, could be your lucky day! $20.00 cover at the door,
Friends, Email Ken Vercammen if you would like to attend

Bands and concerts 2021 and outdoor events updated: 

Woodbridge HS Free  visit woodbridgeartsnj.org
                             
Oldies Mondays, at Woodbridge High School
June 21: Jesse Garron, Elvis Presley tribute
June 28: The Mahoney Brothers
July 5: The Drifters [Pocono]
July 12: Shirley Alston Reeves
July 19: Johnny Maestro Tribute Band
July 26: The Cameos [Beatles Pier]
Aug. 2: The Coasters [Doobie PNC]
Aug. 9: The Capris
Aug. 16: Shadows of the ’60s [Motown Pier]
Aug. 23: Bobby Wilson, Jackie Wilson tribute [70’s Pier}
Aug. 30: The Infernos


https://www.njarts.net/free-events

Tribute Tuesdays, at Woodbridge High School
June 22: Sensational Soul Cruisers [Dead Rec- Donavan’s Sea Bright]
June 29: Best of the Eagles (The Eagles tribute)
July 6: Real Diamond (Neil Diamond tribute) [Dead Bank Donavan’s Sea Bright]
July 13: Frontiers (Journey tribute) [Cosmic Donavan’s Sea Bright]
July 20: Starman (David Bowie tribute)
July 27: Forever Ray (Ray Charles tribute) [Sandy Mac Donavan’s Sea Bright]
Aug. 3: Green River (Creedence Clearwater Revival tribute)
Aug. 10: Beatlemania Again (The Beatles tribute)
Aug. 17: The Blue Meanies (The Monkees tribute)
Aug. 24: Forever Simon and Garfunkel (Simon & Garfunkel tribute)[Aberdeen Southern Steel]
Aug. 31: Saints in the City (Springsteen tribute) http://woodbridgeartsnj.org./tribute-tuesdays.htmlhttps://www.njarts.net/free-events/

Local Band Thursdays, at Woodbridge High School [There are also concerts Long Branch & Freehold Thursday]
June 24: Dead Cowboys
July 1: Moonlight Mile [also Pocono ]
July 8: Kickback Band [Smokin’ Jackets Long Branch]
July 15: Recalibrators [Freehold Joe Baracata Band]
July 22: Shaman [Freehold CSN Songs]
July 29: Shore Soundz [The Nerds Long Branch]
Aug. 5: Uncle Pecos [White Wedding 80s Band Long Branch]
Aug. 12: 9South [After the Reign Long Branch]
Aug. 19: Seven Stone [Wildwood Country]
Aug. 26: Marty & the Martians 

http://woodbridgeartsnj.org./local-band-thursdays.html https://www.njarts.net/free-events

Country Sundays, at Woodbridge High School 7pm sharp
June 27: Southern Steel, Southern rock tribute
July 11: ZBTB, Zac Brown Band tribute [Go Gos Stone Pony]
July 18: Kinderhook
July 25: The Guthrie Brothers
Aug. 1: Live at the Fillmore, Allman Brothers Band tribute
Aug. 8: Laurel Canyon, Crosby, Stills, Nash & Young tribute
Aug. 15: Pirate Flag, Kenny Chesney tribute
Aug. 22: Deadgrass, bluegrass Grateful Dead tribute
Aug. 29: Panama Dead, New Riders of the Purple Sage tribute
Sept. 5: The Linda Ronstadt Experience [Pocono]                    .[http://woodbridgeartsnj.org./country-sundays.html  

Long Branch THURSDAYS BY-THE-SEA Pier Village
July 8 | Smokin’ Jackets [[Eat at McLoone’s first]
July 15 | 9 South {Freehold Joe
July 22 | JoBananno Jersey Shore Revue
July 29 | The Nerds Long Branch
August 5 | White Wedding 80s Band Long Branch
August 12 | After the Reign Long Branch
August 19 | Billy Walton Band Long Branch [Wildwood Country]
August 26 | Jarod Clemons & The Late Nights Long Branch
September 2 | Brian Kirk & The Jirks Long Branch [Pocono]
https://piervillage.com/events/thursdays-by-the-sea/

Monday Pier Village

Mondays: 6:30PM – 8:00PM
Line Up
July 5 The B-Street Band | [Pocono]
July 12 – BonJourney | 80s Pier Village [Shirelles Wood]
July 19 – Aloha Paradise [Johnny Maestro Wood]
July 26 – Beatlemania Now | The Ultimate Celebration of the 60s and the Group that Shaped Them… The Beatles!
August 2 – E- Boro Bandits | Grab your Cowboy Hats and Boots for a Tribute to Country New and Old [Doobie PNC]
August 9 – Gumbo Gumbas |  New Orleans Jazz & Zydeco [Capris Wood]
August 16 – The Priceless Band | A Tribute to Motown [Wood 60’s]
August 23 – Super TransAm | 70s [Wood Jackie Wilson]
August 30 – The Dreamland Orchestra |[Infernos Wood]
https://piervillage.com/events/live-summer-music-concert-series-2/

Freehold Thursday’s ROCK! Summer Concert Series, at Hall of Records 7:30 https://downtownfreehold.com/things-to-do/thursday-rock/

2021 Thursday’s ROCK! Summer Concert Series schedule:
July 15, 2021: Joe Baracata Band
July 22, 2021: CSN Songs
July 29, 2021: Peanut Butter Bridges Band
August 5, 2021: The Breaking Plans & City Vision
August 12, 2021: Full Throttle Band
August 19, 2021: Stephen Martines [Wildwood Country]
August 26, 2021: Predator Dub Assassins

Sunday Long Branch 7pm Bands by the Beach at West End Park.
June 27: Philadelphia Funk Authority
July 11: Fish Eyed Blues
July 18: Bob Lanza Band
July 25: Eddie Testa Band
Aug. 1: Des & the Swagmatics
Aug. 8: Tom Craig Band
Aug. 15: Anthony Krizan Band
Aug. 29: The VooDudes [Wood Panama Dead]

https://www.njarts.net/free-events


South Amboy/Sayreville Beach Front - O’Leary Boulevard, South Amboy, N.J.
Concerts held on Wednesday evenings, 6:30pm to 8:30pm
July 7 - Danny V’s 52nd Street Band – A tribute to Billy Joel 
July 21 - Underwater Airlines – A Classic Rockin’ Band 
July 28 - Sounds of the Street – Golden Oldies at its Best! 
August 4 - Parkway Soul – A Variety of Motown Classics 
August 11 - Zydeco-A-Go-Go – New Orleans style Rhythm & Blues, 40’s Jazz & Swing 
August 18 - Green River – A tribute to Creedence Clearwater Revival 
August 25 - The Perry Brothers – Irish Favorites and more [No relation to Gaylord Perry]

6. Summer Charity Running Race schedule
6/17 Flag Day 5K in support of our Hope for Veterans® Transitional Housing Program at 7 P.M. at the Lyons VA Campus, 151 Knollcroft Road, Lyons (Bernards Township), NJ.        https://www.communityhope-nj.org/events/flag-day/flag-day-register/
 
June 26 Union Beach 5K, 2021 @ 9:00am
https://runsignup.com/Race/NJ/UnionBeach/UnionBeach5K
 
Sunday, June 27 - Pine Beach 5k - Pine Beach, NJ - https://runsignup.com/Race/NJ/PineBeach/OceanRunningClubsPineBeach5k.
 
Lake Takanassee Summer Series Mon June 21 - Mon August 16, 2021 6:45 Long Branch, NJ 07740
 
Freehold FARC summer RACE DATES: Every Wednesday night June -July
Monmouth Battlefield
 
Poconos Saturday, Jul 3, 2021  Jul 3  8:00 AM   HAZLETON, Luzerne  Independence Day Charity Event  LOCATION: Louis Schiavo City View Park, 700 S Poplar St. Hazleton, PA 18201   EVENTS: 5k Run/Walk, 10k Run, Dog Jog 5k, Youth Mile, Virtual option   BENEFITS: All proceeds benefit Mission Autism.   
 
 
7/7/21 Woodbridge Pizza 4 mile
 
07/10/21 Spring Lake Ocean Mile Swim      Sat Spring Lake, New Jersey       Open water swim - Open Water Swim        https://raceforum.com/slswim
 
Sunday, July 11 - Lace Up for Woodbridge 5K - Woodbridge, NJ - https://runsignup.com/Race/NJ/Woodbridge/LaceupforWoodbridge?remMeAttempt=
RVRR Summer series Dates: July 13, July 27, August 10, August 24
Tuesday night Raritan Valley Road Runners RVRR 5k summer series Highland Park Donaldson Park 7pm https://www.rvrr.org/races/summer-series
Jul 17 Daniel Anderl Love is Light 5k!   9am
https://runsignup.com/Race/NJ/NorthBrunswickCommunityParkNorthBrunswick/InauguralDanielLoveisLight5K
 
Saturday Jul 17, 2021Sea Bright One Mile Swim 7:30AM https://raceforum.com/sbswim
 
July 17 Five Mile five bar Rumson new pub run Allenhurst-Asbury 10:17
07/18/21 Manasquan Ocean Mile Swim       Manasquan, New Jersey Sun       Open water swim - Open Water Swim        https://raceforum.com/squanswim
 
7/25/21 East Brunswick Annual Benefit 5K Run/Walk Supporting Veterans and Their Needs 9am Sun https://runsignup.com/Race/Register?raceId=10458
 
7/31 TBA _
 
August 7 - Sea Girt 5K – Saturday http://seagirt5k.com
 
Aug 8 Staten Island Triathlon Staten Island, NY US 10314
 
 
8/__ RVRR Summer Pub Crawl
August 14 - Asbury Park Sheehan Classic 5k – Saturday  SAC
 
Aug 15 Long Branch 1 Mile Ocean Swim
 
8/29  Lager 5k
 
8/ __ JSRC meeting & BBQ Deal firehouse 6:15 [swim in Deal at 5pm sharp prior to BBQ] Tuesday
9/4/21 Scranton Capt. Minicozzi 5k 10am https://runsignup.com/Race/PA/Scranton/Minicozzi5k
      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
7. Recent Educational Videos
North Brunswick DWI drug seminar
Sayreville Wills & Power of Attorney Seminar Sayreville Public Library
Sayreville Wills & Power of Attorney Seminar Sayreville Public Library
New Wills and Power of Attorney available for Wakefern employees who select Metlife HYATT Legal Pl
New Wills and Power of Attorney available for Wakefern employees who select Metlife HYATT Legal Pl
North Brunswick Wills