E634 Newsletter

 

E634 VercammenLaw News 1. Recent cases: Car Passenger can’t be asked demanded for ID State v Boston   2. Second patdown permitted where belief armed State v Carrillo    3. Spring 2022 Will Seminars & programs    4. Central Jersey St. Patrick parades & events 2022 1. Recent cases Car Passenger can’t be asked demanded for ID State v Boston   In State v Boston, the court decided that when the driver is arrested it is reasonable to ask the passenger for his license, but not for further ID when he fails to produce a license.  Defendant Dwayne D. Boston was convicted of third-degree possession of cocaine following a routine traffic stop on his way home from the movies with his wife and children. He contends the police unlawfully asked him, a front-seat passenger in his wife's car, to hand over his State identification card after he told them he did not have a driver's license. The court agrees, and concludes defendant's subsequent arrest on an open traffic warrant was unlawful, and the drugs seized in the ensuing search incident to his arrest should have been excluded at trial. The court held in a routine traffic stop where the driver has to be arrested on an open traffic warrant, the officer's asking whether a passenger is a licensed driver is reasonable; but when the passenger claims he does not possess a license, the officer's further demand for identification from the unlicensed passenger in the absence of particularized suspicion is not. (A-4752-17) 2. Second patdown permitted where belief armed State v Carrillo         The main issue in this appeal from the trial court's denial of defendant's suppression motion without a testimonial hearing is whether the officer violated defendant's rights when he patted him down a second time, just minutes after the officer patted him down the first time and uncovered no weapons.  The court concludes that an officer may conduct a second pat-down when, giving weight to the unproductive first one, the circumstances preceding the second one still give the officer reason to believe the suspect is armed and dangerous. Because there exist issues of fact material to that question, the court reverses the trial court's order and remands for a testimonial hearing. (A-4889-18) 3. Spring 2022 Will Seminars & program, Most free and open to the public. Please share with friends.   February 8  East Brunswick Library -Live in person & Zoom at 7PM Tuesday Wills & Estate Planning Open to the public, free. You don’t have to be a town resident to attend. Registration Required.  https://ilove.ebpl.org/adults/events/wills-probate-estate-planning-2022-hybrid/2022-02-09-000000-2022-02-09-013000 East Brunswick Public Library 732-390-6767 https://www.facebook.com/events/559594625336246 with Dave Selenko Financial Advisor SWR  group      February 22 ABA webinar Estate Planning for Nontraditional Clients and Their Families ABA program  at 1pm FREE FOR ABA MEMBERS, $130 NON-MEMBERS   https://www.americanbar.org/events-cle/mtg/web/420034083/     March 2 Top Municipal Court Cases affecting Law Enforcement 2021-2022 at 12 noon Free for retired and current Law Enforcement, 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 https://www.facebook.com/events/344815137497455      March 21   North Brunswick Library     Wills, Probate & Estate Planning 2022 update Zoom  at 6PM Tuesday, Open to the public, free. You don’t have to be a town resident to attend  northbrunswicklibrary.org  Registration: https://northbrunswicklibrary.org      March 31  South Amboy Library-Sadie Pope Dowdell Library Wills, Probate & Estate Planning 2022 update at 6:30 pm Thursday, Zoom, Open to the public, free. You don’t have to be a  resident to attend.  www.dowdell.org        April 5  Woodbridge Library Wills, Estate Planning & Probate Seminar at 7PM         This is a hybrid event! This event will take place in-person  at the Woodbridge Main Library. If you do not feel comfortable attending the event in-person we will also be streaming the event via Zoom.  Free program open to the public, you do not need to be a Township resident to attend. Woodbridge Library 1 George Frederick Plaza  Woodbridge NJ 07095   https://www.facebook.com/events/433516785143670 April 21 South Brunswick Library-Estate Planning and Probate 2022 at 7:00 p.m. free Zoom program open to the public https://www.facebook.com/events/300412152121563/      April 26 Metuchen Library Wills, Estate Planning & Probate Seminar 6:30  in person & via Zoom online, Free but registration requested  people should email the library at metuchenpubliclibrary@lmxac.org      April 27  Milltown Senior Citizens Center Wills & Estates Update Seminar  at 12pm`in person Free program in person open to the public, you do not need to be a Township resident to attend. 60 Violet Terrace Milltown, NJ 08850      May 10 West Windsor Mercer County Library  Wills, Probate & Estate Planning 2022 Update, 6 pm Virtual Program  GotoMeeting Open to the public, Free. you don't have to be a Mercer resident to attend. However, registration is required via www.mcl.org. With Dan Fabrizio, NY Life Financial Advisor     May 25  South Plainfield Public Library  Wills, Estate Planning & Probate Seminar at 6:30 in person and via Zoom Free community program  2484 Plainfield Avenue South Plainfield, NJ 07080   4. Central Jersey St. Patrick parades & events 2022 FEBRUARY 6, 2022 SUNDAY MARINA GRILLE 905 Highway 35 Belmar, NJ 2 pm to 6 pm Entertainment ~ Hot & Cold Buffet Donation $15.00 732-894-3211 FEBRUARY 20, 2022 SUNDAY, BOAT HOUSE BAR & GRILL 2 pm to 6 pm 1309 Main St., Belmar NJ Entertainment ~ Hot & Cold Buffet Donation $15.00 732-681-5221 Mar 4   Emerald Society Police bagpipes New Brunswick Elks- 6pm 2022 St Patrick Parades      Mar 5  Mt. Holly St Patrick parade & 5k Sat race11am, parade 1pm        https://mounthollyparade.com Mar 6  Belmar St. Patrick Parade   Sun 1pm March 13 Melbourne  Fl St. Patrick Parade 11am    Mar 17 NYC St Patrick parade   https://www.nycstpatricksparade.org  Mar 19, 2022      Keyport 1pm    https://www.facebook.com/Keyport-St-Patricks-Day-Parade-197482333774820/ March 19, 2022  Highlands St Patrick parade  2pm then go to Inlet Café    https://www.highlandsnj.com/Special_Events/St_Patricks_Day_Parade/St_Patricks_Day_Parade-page.shtml    then go to Inlet Café    https://www.facebook.com/events/187707896854574/?acontext=%7B%22event_action_history%22%3A[%7B%22surface%22%3A%22page%22%7D]%7D Mar 20, 2022 So Amboy St. Patrick's Parade 2pm                http://www.southamboyparade.com/           Other NJ parades Ocean County/Seaside Heights, NJ - Parade  Mar 12, 2022 Saturday  @ Noon   https://www.facebook.com/Ocean-County-St-Patricks-Day-Parade-Committee-303923429631164/ Mar 12, 2022 Hamilton St. Patrick Mercer Saturday  https://www.hamiltonparade.com  https://www.facebook.com/HamiltonStPatricksDayParade/?eid=ARBJ0fz4JTUNs1TmtWXcsBmxAD9UZ7iMKIWM0jibwf8JT4cwjKit6b47StmxwSkAHERPByQV2e-GaoOk Mar 13, 2022  Woodbridge  St. Patrick's  Parade        http://www.amerirish.com/id4.html   1:30 Asbury Park, NJ St. Patrick Parade  [bring flask of Jamison] March 13, 2022  @ 1:00 PM   Sunday, http://asburyparkstpatricksparade.com Mar 13, 2022 Freehold St. Patrick's parade 12 noon  after 5 mile race  http://freeholdborougharts.org/11th-annual-freehold-borough-arts-council-st-patricks-day-parade Somerville, NJ St. Patrick's Day Parade  Mar 13, 2022 1:30pm  https://somervillesaintpatricksparade.com ? unknown Mar __ Newark St. Patrick Parade   1pm  Friday       http://newarkparade.com ?Mar __ Union St. Patrick Parade   1pm          http://www.unioncountystpatricksdayparade.com/info.html Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Adding a great review on Google: https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 Liking us on Facebook:  https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/reviews/ Help us with a review on Avvo:  https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html Help us with a review on Yelp: https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison

Kenneth Vercammen & Associates | 2053 Woodbridge Avenue, Edison, NJ 08817 Unsubscribe {recipient's email} Update Profile | Constant Contact Data Notice Sent by vercammennews@njlaws.com powered by Try email marketing for free today! E634 VercammenLaw News 1. Recent cases: Car Passenger can’t be asked demanded for ID State v Boston   2. Second patdown permitted where belief armed State v Carrillo    3. Spring 2022 Will Seminars & programs    4. Central Jersey St. Patrick parades & events 2022 1. Recent cases Car Passenger can’t be asked demanded for ID State v Boston   In State v Boston, the court decided that when the driver is arrested it is reasonable to ask the passenger for his license, but not for further ID when he fails to produce a license.  Defendant Dwayne D. Boston was convicted of third-degree possession of cocaine following a routine traffic stop on his way home from the movies with his wife and children. He contends the police unlawfully asked him, a front-seat passenger in his wife's car, to hand over his State identification card after he told them he did not have a driver's license. The court agrees, and concludes defendant's subsequent arrest on an open traffic warrant was unlawful, and the drugs seized in the ensuing search incident to his arrest should have been excluded at trial. The court held in a routine traffic stop where the driver has to be arrested on an open traffic warrant, the officer's asking whether a passenger is a licensed driver is reasonable; but when the passenger claims he does not possess a license, the officer's further demand for identification from the unlicensed passenger in the absence of particularized suspicion is not. (A-4752-17) 2. Second patdown permitted where belief armed State v Carrillo         The main issue in this appeal from the trial court's denial of defendant's suppression motion without a testimonial hearing is whether the officer violated defendant's rights when he patted him down a second time, just minutes after the officer patted him down the first time and uncovered no weapons.  The court concludes that an officer may conduct a second pat-down when, giving weight to the unproductive first one, the circumstances preceding the second one still give the officer reason to believe the suspect is armed and dangerous. Because there exist issues of fact material to that question, the court reverses the trial court's order and remands for a testimonial hearing. (A-4889-18) 3. Spring 2022 Will Seminars & program, Most free and open to the public. Please share with friends.   February 8  East Brunswick Library -Live in person & Zoom at 7PM Tuesday Wills & Estate Planning Open to the public, free. You don’t have to be a town resident to attend. Registration Required.  https://ilove.ebpl.org/adults/events/wills-probate-estate-planning-2022-hybrid/2022-02-09-000000-2022-02-09-013000 East Brunswick Public Library 732-390-6767 https://www.facebook.com/events/559594625336246 with Dave Selenko Financial Advisor SWR  group      February 22 ABA webinar Estate Planning for Nontraditional Clients and Their Families ABA program  at 1pm FREE FOR ABA MEMBERS, $130 NON-MEMBERS   https://www.americanbar.org/events-cle/mtg/web/420034083/     March 2 Top Municipal Court Cases affecting Law Enforcement 2021-2022 at 12 noon Free for retired and current Law Enforcement, 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 https://www.facebook.com/events/344815137497455      March 21   North Brunswick Library     Wills, Probate & Estate Planning 2022 update Zoom  at 6PM Tuesday, Open to the public, free. You don’t have to be a town resident to attend  northbrunswicklibrary.org  Registration: https://northbrunswicklibrary.org      March 31  South Amboy Library-Sadie Pope Dowdell Library Wills, Probate & Estate Planning 2022 update at 6:30 pm Thursday, Zoom, Open to the public, free. You don’t have to be a  resident to attend.  www.dowdell.org        April 5  Woodbridge Library Wills, Estate Planning & Probate Seminar at 7PM         This is a hybrid event! This event will take place in-person  at the Woodbridge Main Library. If you do not feel comfortable attending the event in-person we will also be streaming the event via Zoom.  Free program open to the public, you do not need to be a Township resident to attend. Woodbridge Library 1 George Frederick Plaza  Woodbridge NJ 07095   https://www.facebook.com/events/433516785143670 April 21 South Brunswick Library-Estate Planning and Probate 2022 at 7:00 p.m. free Zoom program open to the public https://www.facebook.com/events/300412152121563/      April 26 Metuchen Library Wills, Estate Planning & Probate Seminar 6:30  in person & via Zoom online, Free but registration requested  people should email the library at metuchenpubliclibrary@lmxac.org      April 27  Milltown Senior Citizens Center Wills & Estates Update Seminar  at 12pm`in person Free program in person open to the public, you do not need to be a Township resident to attend. 60 Violet Terrace Milltown, NJ 08850      May 10 West Windsor Mercer County Library  Wills, Probate & Estate Planning 2022 Update, 6 pm Virtual Program  GotoMeeting Open to the public, Free. you don't have to be a Mercer resident to attend. However, registration is required via www.mcl.org. With Dan Fabrizio, NY Life Financial Advisor     May 25  South Plainfield Public Library  Wills, Estate Planning & Probate Seminar at 6:30 in person and via Zoom Free community program  2484 Plainfield Avenue South Plainfield, NJ 07080   4. Central Jersey St. Patrick parades & events 2022 FEBRUARY 6, 2022 SUNDAY MARINA GRILLE 905 Highway 35 Belmar, NJ 2 pm to 6 pm Entertainment ~ Hot & Cold Buffet Donation $15.00 732-894-3211 FEBRUARY 20, 2022 SUNDAY, BOAT HOUSE BAR & GRILL 2 pm to 6 pm 1309 Main St., Belmar NJ Entertainment ~ Hot & Cold Buffet Donation $15.00 732-681-5221 Mar 4   Emerald Society Police bagpipes New Brunswick Elks- 6pm 2022 St Patrick Parades      Mar 5  Mt. Holly St Patrick parade & 5k Sat race11am, parade 1pm        https://mounthollyparade.com Mar 6  Belmar St. Patrick Parade   Sun 1pm March 13 Melbourne  Fl St. Patrick Parade 11am    Mar 17 NYC St Patrick parade   https://www.nycstpatricksparade.org  Mar 19, 2022      Keyport 1pm    https://www.facebook.com/Keyport-St-Patricks-Day-Parade-197482333774820/ March 19, 2022  Highlands St Patrick parade  2pm then go to Inlet Café    https://www.highlandsnj.com/Special_Events/St_Patricks_Day_Parade/St_Patricks_Day_Parade-page.shtml    then go to Inlet Café    https://www.facebook.com/events/187707896854574/?acontext=%7B%22event_action_history%22%3A[%7B%22surface%22%3A%22page%22%7D]%7D Mar 20, 2022 So Amboy St. Patrick's Parade 2pm                http://www.southamboyparade.com/           Other NJ parades Ocean County/Seaside Heights, NJ - Parade  Mar 12, 2022 Saturday  @ Noon   https://www.facebook.com/Ocean-County-St-Patricks-Day-Parade-Committee-303923429631164/ Mar 12, 2022 Hamilton St. Patrick Mercer Saturday  https://www.hamiltonparade.com  https://www.facebook.com/HamiltonStPatricksDayParade/?eid=ARBJ0fz4JTUNs1TmtWXcsBmxAD9UZ7iMKIWM0jibwf8JT4cwjKit6b47StmxwSkAHERPByQV2e-GaoOk Mar 13, 2022  Woodbridge  St. Patrick's  Parade        http://www.amerirish.com/id4.html   1:30 Asbury Park, NJ St. Patrick Parade  [bring flask of Jamison] March 13, 2022  @ 1:00 PM   Sunday, http://asburyparkstpatricksparade.com Mar 13, 2022 Freehold St. Patrick's parade 12 noon  after 5 mile race  http://freeholdborougharts.org/11th-annual-freehold-borough-arts-council-st-patricks-day-parade Somerville, NJ St. Patrick's Day Parade  Mar 13, 2022 1:30pm  https://somervillesaintpatricksparade.com ? unknown Mar __ Newark St. Patrick Parade   1pm  Friday       http://newarkparade.com ?Mar __ Union St. Patrick Parade   1pm          http://www.unioncountystpatricksdayparade.com/info.html Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Adding a great review on Google: https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 Liking us on Facebook:  https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/reviews/ Help us with a review on Avvo: https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html Help us with a review on Yelp: https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison

E633 Newsletter

 

E633 VercammenLaw News 1.  Estate Planning 2022 Federal Tax Update 2. Terroristic Threat statute unconstitutional where it criminalizes speech 3. OPRA could apply to criminal & DWI complaints 4. Wills and Power of Attorney available for members of Metlife Legal Plan  1.    Estate Planning 2022 Federal Tax Update As Americans start the new year, this highlights estate planning-related federal tax information that may be helpful as you consider planning options for 2022. Because Congress could pass legislation that changes this information during the year, you should contact your estate planning attorney for advice prior to taking any transfer tax planning action.  Lifetime Exclusion Increases to $12,060,000: As of January 1, 2022, the federal gift and estate tax exclusion amount, as well as the exemption from generation-skipping transfer (GST) tax, (collectively, the “transfer tax exclusion amounts”) have increased by $360,000 from $11,700,000 to $12,060,000 ($24,120,000 for a married couple). Please note, however, that the transfer tax exclusion amounts are scheduled to decrease on January 1, 2026, to $5,000,000 adjusted for inflation. Annual Exclusion Increases to $16,000: As of January 1, 2022, the federal gift tax annual exclusion amount (i.e., the amount that an individual can annually transfer to another individual without using any lifetime gift tax exclusion or paying any gift tax) increased by $1,000 from $15,000 to $16,000 ($32,000 for a married couple).           Required Minimum Distributions: New life expectancy tables used for determining required minimum distributions (RMDs) from IRAs and qualified retirement plans went into effect as of January 1, 2022. These changes impact traditional (non-Roth) IRA owners who have reached their Required Beginning Date for taking RMDs, qualified retirement plan participants who have reached their Required Beginning Date for taking RMDs, and beneficiaries of an inherited IRA or qualified retirement plan. Please contact your plan administrator or financial advisor regarding how to compute your RMDs for calendar year 2022 using the new tables.         Step-Up in Basis: Under current federal tax laws, the income tax basis of property acquired from a decedent generally is adjusted to the fair market value of that property as of the date of the decedent’s death (often referred to as a “step-up” in basis at death). Although there were proposals in Congress to change this, Congress did not pass those proposals in 2021, so the step-up in basis at death remains in effect for 2022.       Federal Estate Tax Portability: The ability to transfer a decedent’s unused federal estate tax exclusion amount to the decedent’s surviving spouse by filing a federal estate tax return (often referred to as “portability”) remains in effect for 2022.           More info https://www.jdsupra.com/legalnews/estate-planning-2022-federal-tax-update-3089325/ 2.  Terroristic Threat statute unconstitutional where it criminalizes speech State v Fair     Defendant was charged in a one-count indictment with violating N.J.S.A. 2C:12-3(a) "and/or" (b). At trial, the jury was instructed that it could convict if it found defendant made a threat with "the purpose to terrorize" or with a "reckless disregard" of the risk of causing terror, under N.J.S.A. 2C:12-3(a), or if it found defendant threatened to kill "with the purpose" to put the victim in imminent fear of death, under N.J.S.A. 2C:12-3(b). During deliberations, the jury asked whether it was required to find a violation of both subsections (a) and (b); the judge responded one was enough but did not instruct the jurors that they had to unanimously agree on one of the theories to convict. In appealing his conviction, defendant argues N.J.S.A. 2C:12-3(a) violates the First Amendment in part and that the jury unanimity instructions were erroneous.            The court reversed, determining that N.J.S.A. 2C:12-3(a)'s "reckless disregard" standard is unconstitutionally overbroad and that the jury instructions did not adequately ensure against a patchwork verdict.  (A-0913-19)   3. OPRA could apply to criminal & DWI complaints Simmons v. Mercado & City of Millville    Because Millville MPD officers create the information contained in the CDR-1s, the CDR-1s fall well within OPRA’s definition of a government record. Further, AADARI’s records request is narrowly tailored and would not constitute research beyond OPRA’s scope. Because Millville City officers create the information contained in the CDR-1s, the Complaint Summons CDR-1s fall well within OPRA’s definition of a government record. Further, AADARI’s records request is narrowly tailored and would not constitute research beyond OPRA’s scope.       Thus, regardless of who maintains the files, the fact that police “makes” the CDR-1s means that it can be called upon to disclose those government records. Nothing in the text of OPRA or Rule 1:38 or the Court’s jurisprudence suggests that information cannot be both a court record and a government record. Indeed, the language of the statute that defines a government record as one that has been “made, maintained, or kept on file” itself suggests the possibility that different government entities, working cooperatively, could be simultaneous custodians of the same information. The statutory language presupposes that there may be more than one proper place where a requestor can submit an OPRA request. That the Judiciary might maintain on its servers the information that MPD made does not absolve MPD of its obligation to produce that information pursuant to a proper OPRA request made to MPD.    4. Wills and Power of Attorney available for members of Metlife Legal Plan  The Law Office of Kenneth Vercammen serves as a New Jersey Access Attorney for Metlife Legal HYATT Plan and several other major national legal service plans. We prepare Wills, Powers of Attorney and Living Wills covered employees of following companies: ·       American Express ·       Barclays Service Corporation ·       FedEx ·       Bank of America ·       Compuware ·       Home Depot ·       J.P. MORGAN CHASE ·       JPMorgan Chase ·       KPMG ·       MetLife ·       PepsiCo ·       UPS ·       Comcast/ News 12 NJ ·       Deloitte LLP  ·       Ernst & Young LLP ·       Yum! Brands ·       Wakefern  For covered employees, they will be entitled to a free Will for them and spouse, Power of Attorney for husband & wife, Living Will husband & wife, Testamentary Trust within a Will for minor children.  There is also representation for certain Traffic Offenses in NJ. What Metlife Legal members can do to get started…  Metlife members should call Metlife legal at 800.821.6400 to obtain an authorization numbers for each Will, Power of Attorney, Codicil and Living Will you want.  Members can also obtain authorization numbers online at https://members.legalplans.com/Home/         After obtaining an authorization number, call Kenneth Vercammen’s Law Office for a free confidential consultation and preparation of Wills and estate planning documents- all free to Metlife members Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Adding a great review on Google: https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 Liking us on Facebook:  https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/reviews/ Help us with a review on Avvo:  https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html Help us with a review on Yelp: https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison

E632 Newsletter

 

E632 VercammenLaw News

1.  New Year's Resolution: Put your Will, Power of Attorney and Estate Planning in order. 2.  You need a Power of Attorney. 3.  Happy New Year and Thank you Clients and friends for a good year. 4. Will Seminar Jan 12 via Facebook Live, watch at home live online  5. Thank you 2021 Winter break 3-week law clerks

1.  New Year's Resolution: Put your Will, Power of Attorney and Estate Planning in order.

Don't put off having a proper Will prepared and your Estate Planning. With a Will we can save the family over $1,000 with a no bond required clause and self-proving Affidavit. Our office can typically prepare your Will and provide the documents within three weeks of payment. Many persons have put this off for thirty years. Don't wait until you are in the hospital to think about taking care of your family.

2.  You need a Power of Attorney.

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. 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.  More info at http://www.njlaws.com/power_of_attorney.htm        An important part of lifetime planning is the Power of Attorney.   The power may be limited to a particular activity (e.g., closing the sale of your home) or general in its application, empowering one or more persons to act on your behalf in a variety of situations. It may take effective immediately or only upon the occurrence of a future event (e.g., a determination that you are unable to act for yourself). The latter are "springing" Powers of Attorney. It may give temporary or continuous, permanent authority to act on your behalf.   Why would anyone give such authority to another person? The most important reason to use Power of Attorneys to prepare for situations when you may not be able to act on your own behalf due to incapacity, illness or absence. Such a disability may be temporary, for example, due to accident, or illness or travel, or it may be permanent. If you are buying or selling assets and do not wish to appear in person to close the transaction, you may take advantage of a Power of Attorney.      If you do not have a Power of Attorney and become unable to manage your personal or business affairs, it may become necessary for the family to have to spend $4,000 for a Guardianship Complaint and petition the Superior court to appoint one or more people to act for you. People appointed in this manner are referred to as guardians, conservators, depending upon your local state law. Few people want to be subject to an expensive public proceeding in this manner so being proactive to create the appropriate document to avoid this is important. A Power of Attorney allows you to choose who will act for you and defines his or her authority and its limits.     Who Should Be Your Agent in a Power of Attorney?    Most people choose a family member to act on your behalf. Many people name their spouses or a child. We do not prepare Powers of Attorney with Joint agents.         You should always name a successor person to address the possibility that the person you name as agent may die, be unavailable or unable to act when the time comes. Similarly, in a Will there is Executor #1, then an Executor #2, not joint executors.    There are no special qualifications necessary for someone to act as an attorney-in-fact except that the person must not be a minor or otherwise incapacitated. The best choice is someone you trust. Integrity, not financial acumen, is often the most important trait of a potential agent.    Finally, there may be reasons not to limit the gifts your attorney-in-fact may make to annual exclusion gifts in order to facilitate Medicaid planning or to minimize or avoid state estate tax beyond what annual exclusion gifts alone might permit. Source: http://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/power_of_attorney.html   [Kenneth Vercammen is Chair of the ABA Estate Planning, Probate & Trust Committee of the American Bar Associations Solo Small Firm Division with over 20,000 members.}   You also need a Living Will/ Advance Directive. Modern medicine and machinery can keep a person alive for long periods of time.  Sometimes a person is often kept alive in pain or under circumstances that render him or her unconscious as to everything around them, while causing pain and anguish to the family.    Our state has passed a "Living Will" law, often called a "Death with Dignity" law, which allows a person to direct that heroic measures not be taken to prolong life in these unhappy situations.    This "Living Will" is different than a regular Will, which affects property rights. The "Living Will" is an independent document to be signed in addition to your regular Will. Please let us know if you want a Living Will/ Advance Directive prepared.

3 Happy New Year and Thank you Clients and friends for a good year.   I would like to thank my clients and friends for a good year despite the courts closing to in person trials. We switched to online preparation of Wills and documents.         We appreciate many referrals. So many of you were kind enough to tell others about our services and recommend us. Since 1985, [Over 30 years], I have helped individuals and families with legal matters. With changing laws, it is important that your estate planning documents are updated to reflect your family. As you know, all business must grow, and one of the safest ways to grow to get referrals from satisfied clients. Thank you for referring friends and family. May the New Year bring happiness and good health to you and those you love.   After January 15, we will be shredding Municipal Court and Litigation files more than 7 years old. If you are past client and there is a file in our office that you do not want us to shred, please email us so arrangements can be made for you to pick up by appointment. Closed files are not stored in the office.   4. Will Seminar Jan 12 via Facebook Live, watch at home live online    As our clients and friends mature, we do more Estate Planning & Probate, Estate Administration. Many individuals have not taken the time to have a Will or Power of Attorney prepared.  Please accept an invitation to you and your guests to join us at the "2021 Update -Wills and Estate Planning” Seminar on January 13, 2021 from 12:15-1:00 pm and 5:00-5:45 pm. We will discuss the current changes in Wills and Estate Law. Please email the office if you plan on attending the seminar or if you would like us to email the updated materials.   January 13, 2021 at 12:15-1:00 PM and again 5pm sharp   Free Law Office of Kenneth Vercammen,  2053 Woodbridge Ave, Edison, NJ 08817       Program can be watched on your computer or iPhone via Facebook live https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985 New Main Topics: 1.   Handling Probate during Covid and while Government offices closed 2.   Dangers If You Have No Will or documents invalid 3.   Getting your Estate Planning Documents done when you can’t go into a law office 4.   What goes into a Will 5.   Power of Attorneys recommendations 6.   Living Will & Advance Directive for Medical Care 7.   Administering the Estate/Probate /Surrogate 8.   Avoiding unnecessary expenses and saving your family money We now also prepare Wills online without clients having to come to the office! 5. Thank you 2021 Winter break 3-week law clerks John Mostow  St Joseph  U Sophia Ferraro  Bucknell U Mollie  Jakofsky Michigan State 6 Asbury Park Polar Bear 5k Runners Take Swim in Ocean after race every year.      This photo shows  Bob Tona, Ken Vercammen and Lauren Rhatigan swimming in snow storm in the Ocean, was front page of Asbury Park Press http://www.app.com/article/20101226/NEWS03/101226048/Polar-Bear-races-plunge-goes-on-in-Asbury-Park-despite-snow  ---- 7 Will signings and notarizing for December clients  Instructions          If client’s Will and documents are printed by clients and approved, clients can call office after 10am to schedule for signing  January 6 between10am-12noon January 10 between10am-12noon, 2-4pm January 11 between10am-12noon, 2-4pm January 12  between10am-11:45am          Please print out single side and carefully staple documents. The Power of Attorney and Living Will are separate documents which you must staple separately, not paperclip. Don’t staple the Power of Attorney and Living Will together. The law office is paperless and typically does not print out copies of documents that are emailed.  The Power of Attorney is three pages. The Living Will is 4 pages Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Adding a great review on Google: https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 Liking us on Facebook:  https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/reviews/ Help us with a review on Avvo:  https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html Help us with a review on Yelp: https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison