E675 VercammenLaw News

1.  Estate Planning for people you like 2.Recent cases Statement to Rutgers Police suppressed where Miranda not correctly given  3. Weapon search DVSW was invalid due to procedural inadequacies 4.Aunt granted FRO against niece

1. Estate Planning for people you like       Without an estate plan of your own, your estate will pass pursuant to New Jersey Interstate Law. New Jersey Law may not reflect your wishes. This is why every family should have a customized estate plan created by a law firm that confuses on this unique area of the law. We offer a complete range of estate planning services to meet your particular needs.       Striving to protect the people you love, the assets you own, and the dreams you hold dear.       Sleep Better at Night AND Feel Better About Yourself Knowing You’ve Done the Right Thing When You Let Our Firm Help You Plan Your Estate for Your Family’s Protection.

2. Recent cases Statement to Rutgers Police suppressed where Miranda not correctly given State v. Bullock       Defendant’s statements in the courtyard and station house were both properly suppressed. Under the totality of the circumstances, the courtyard statements must be suppressed because the Miranda warnings given in the courtyard were lacking and could not have apprised defendant of his rights such that any waiver and agreement to speak to police was knowingly, voluntarily, and intelligently made. By the time defendant arrived at the police department and was given full Miranda warnings, he had already admitted to the very crime that the officers were investigating. Defendant had “let the cat out of the bag” with his admissions, see State v. Carrion, 249 N.J. 253, 275-76 (2021), so the psychological pressure of having already confessed was not cured by the administration of Miranda warnings prior to the interview at the station. A-34-21  3. Weapon search DVSW was invalid due to procedural inadequacies State v. Marable      The court granted defendant's motion to suppress evidence from the warrant less search because complainant could not consent to search of defendant's bedroom and found the search warrant for the safe was fruit of the poisonous tree. State appealed the suppression motion granted to defendant and the orders invalidating a domestic violence search warrant and dismissing a weapons charge. Complainant filed a complaint with police alleging defendant family member threatened to shoot her and kill himself, requested a TRO and asked police to remove defendant from the home. Municipal court judge granted a TRO, a warrant to seize weapons and an arrest warrant.     Complainant gave police the keys to the house and defendant was arrested while sleeping in his bedroom. Police seized a locked safe from the bedroom, received a criminal search warrant for the safe and found a handgun and bullets in it. Defendant was indicted on terroristic threats and weapons charges and moved to suppress all evidence from his bedroom and the safe and argued the DVSW was invalid because State failed to produce a recording of the TRO hearing or contemporaneous notes from the municipal judge who issued the DVSW. Trial judge found the DVSW was invalid due to procedural inadequacies, granted defendant's motion to suppress evidence from the warrantless search because complainant could not consent to search of defendant's bedroom and found the search warrant for the safe was fruit of the poisonous tree. Court agreed with trial court and found trial court properly dismissed the weapons charge. source https://www.law.com/njlawjournal/almI/1678822675NJA346721/ 4.  Aunt granted FRO against niece D.M.L. v. K.A.C.     Defendant appealed the FRO entered against her. Plaintiff and defendant were aunt and niece. They began living together in 2021. Plaintiff's adult daughter also lived in the residence and plaintiff had health issues that required a caregiver to assist her with daily activities. Plaintiff's other niece dropped off her two dogs at the house in July 2021 and defendant became enraged because she did not want the dogs there. Defendant struck a table with a broomstick while yelling at plaintiff and her daughter. The incident continued outside the house and defendant pushed plaintiff in the face. Plaintiff's caregiver corroborated plaintiff's testimony. An earlier argument between defendant, plaintiff and daughter had occurred because defendant believed they had called the Division of Child Protection on her and she placed a candle in a hallway near plaintiff's bedroom. Defendant denied the allegations. Trial court found plaintiff, daughter and caregiver were credible, a predicate act of harassment had been committed and that an FRO was necessary to prevent further abuse. Court found sufficient evidence in the record supported trial court's findings and noted the candle outside the bedroom posed a risk due to plaintiff's physical limitations. source:https://www.law.com/njlawjournal/almI/1677789042NJA180521/ 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

E674 VercammenLaw News

 

1.  How can I disinherit my spouse, domestic partner, children or family under my Will? 2.  July 19, 2023 Annual Update Wills Edison 3.  Thirsty Thursday at Edison Elks  July 20   4.  July 29  Neptune Shark River Hills run 5.  Eddie Munster

1 How can I disinherit my spouse, domestic partner, children or family under my Will?       The answer is yes; however, a surviving spouse or domestic partner may be able to file for an elective share against the Estate and if good cause is shown a disinherited child may also seek to recover a share of the Estate. Source https://co.ocean.nj.us/OC/surrogate/frmResources.aspx           There can be a variety of reasons for not including a child in a will or trust or giving certain children a disproportionately smaller share. Some of the common reasons include: 1] one child may be very well off and not need the money 2] one child may have received substantial sums over the years 3] some children may not have sacrificed as much as others in caring for the aging parents 4] any money would probably go to fund the child’s substance abuse 5] a child may have creditors who would be the primary beneficiaries of the gift or 6] a child may be estranged from the parents.           Once a decision is made to completely disinherit a child, careful consideration should be given on how it is handled in the will/trust. However, if you don’t specifically exclude the child, a court could be persuaded that it was a mistake or drafting error and override your will/trust to provide that the child receives an amount equal to the other children.          In stating that a child is not included, should you provide a reason? When a reason is given, the child could challenge the will/trust, alleging that the reason given is not factually correct. The courts have the power to overturn wills/trusts based on mistaken facts. One solution would be to state the child is excluded for reasons they will understand.           Being disinherited can be painful. How it is handled in the will/trust should be thoughtfully considered. This raises the question: Since the parents will not be there later to discuss the rationale, should they while living explain the reasons to the child?          Contrary to popular thought, you are not required to leave the disinherited child anything in the will/trust. Some people mistakenly believe that you must give the disinherited child some small amount, say$10. This may create a problem. This child probably will find the gift insulting and refuse to take it. When there is $10 remaining in the estate account, it is difficult to close the trust or probate estate.          Rather than completely disinheriting, a child may be left a smaller share than others. Some people want to include a provision that if the child challenges the will/trust, he/she loses everything he was to receive under the document. This is called “terrorem clause” because it is intended to terrorize the person not to challenge the will/trust.

2 July 19, 2023 Annual Update Wills and Estate Planning Free Workshop & Seminar in person in Edison Law Office and Facebook Live at 12:15-1:00 pm   Live in office  https://www.facebook.com/events/1194314261249938 Program  can also be watched on your computer or Iphone via Facebook live Law Office of Kenneth Vercammen,  2053 Woodbridge Ave, Edison, NJ 08817      The “In office” program is limited to 9 people. Please bring a canned food donation.        COST: Free for in person if you pre-register by email. Complimentary materials provided at 12:00 sharp. Please bring a canned food donation, which will be given to the St. Matthews’s St. Vincent DePaul Food Bank  3 Thirsty Thursday at Edison Elks  July 20  at 7pm Live Band  $2.00 domestic drafts, Food for sale  Outside weather permitting     Come out and enjoy the evening Shake hands with Ken V and he will cover your first beer. Food or pizza available for purchase Ken & friends may sing “The Wanderer” by Dion Edison Elks #2487   375 Old Post Road, Edison, New Jersey 08817 (732) 985-2487    Support the Elks, tip your volunteer bartenders https://www.facebook.com/events/1864869123898486/ 4 July 29  Neptune Shark River Hills run       Greetings. I recently moved to Neptune Shark River Hills and neighbors can often see me running in the morning with my yellow lab Lexi girl. The Annual Rumson HHH group Run will be on Saturday, July 29 at 10am. This is a non-competitive group fun run on the roads and sand near Riverside drive. The run begins near the beach on Riverside Dr. Our National anthem will be played at 10am.     Hashing is not a race but a non-competitive weekly group run. Every week Participants follow trail of White Flour as hash marks in different locations. If you see white baking flour marks on the road or beach on July 29 don't be alarmed, that is part of the trail. All participants are requested to bring a canned food donation for the St. Matthews Food Bank. Participants run every week in woods and trails of preserved county and town lands which have been saved from development.  Please feel free to join us at your own pace!   On many other weekends I will be running 5k races with Jersey Shore Runners Club wearing USA shorts and yellow shirt.      “ The Hash House Harriers (HHH or H3) is an international group of non-competitive running clubs. Hashing originated in December 1938, when a group of British immigrants began meeting on Friday evenings prior to the war (1938-1941), to run, in a fashion patterned after the traditional British game of hare and hounds. by a club is known as a Hash or Run, or a Hash Run. A common denominal verb for this activity is Hashing, with participants calling themselves Hashers.” 5   Celebrating 4 of July with Eddie Munster legendary Butch Patrick Also the Drag-U-La car 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

E673 VercammenLaw New

1.  Ken Vercammen’s wedding Anniversary 2.   FRO denied here where plaintiff not credible  3.    Drug dog alert prior to opening case door sufficient here State v. Balbi 4.  Prosecutor should not have rejected for PTI based on parking ticket suspension   5 Upcoming Running Races and One mile swims for Charity

1.   Ken Vercammen’s wedding Anniversary     Ken Vercammen’s wedding Anniversary The Groomsmen at wedding July 8, 1989 were: Front Row: Jim Watt, Cynthia Vercammen, Ken Vercammen, Chris Knigge Middle row: John Bachenski, Mike Sydor, Mike Brennan Back row: Jim McGreevey [was NJ Governor], Steve Vercammen

2. FRO denied here where plaintiff not credible B.A.R.S. v. S.R.L.,         Plaintiff appealed the denial of a FRO in her favor and the dismissal of the TRO. The parties had an on-again, off-again dating relationship. At the time of the underlying events, the parties were living in defendant's home. Plaintiff filed a domestic violence complaint alleging predicate acts of assault and harassment. Plaintiff alleged that she had been living in defendant's home for two years, although defendant asserted that plaintiff had only been living in the home for a couple of months. The parties had an altercation in which plaintiff claimed that defendant "lunged" at her and grabbed her arm, causing her to fall backwards and break a cabinet. Plaintiff further testified to a history of verbal and emotional abuse by defendant that culminated in the alleged physical violence.         Plaintiff also made inconsistent statements about a subsequent incident in which defendant had plaintiff's dog removed upon allegations of animal cruelty against plaintiff. Defendant denied touching plaintiff, claiming that plaintiff broke the cabinet door by slamming it in the wrong direction. The trial court dismissed the complaint and TRO, noting that while both parties' testimony suffered from inconsistencies, there were larger inconsistencies in plaintiff's testimony. The trial court found plaintiff's testimony not credible and ruled that she had failed to meet her burden of proof to establish a predicate act of domestic violence. On appeal, the court affirmed, ruling that the dismissal of plaintiff's domestic violence complaint was based on the trial court's credibility determinations that resulted in plaintiff failing to establish a predicate act of domestic violence. Source Daily Briefing - 02-15-23 Appellate Division, Per Curiam. 3. Drug dog alert prior to opening case door sufficient here State v. Balbi   Defendant appealed the order denying his motion to suppress drug evidence after a remand. Court remanded for trial court to make specific factual findings about the movement of a K-9 dog as part of a canine sniff of defendant's car to establish probable cause for a search warrant. Trial judge heard testimony from canine handler and viewed a video of the canine sniff. Officer narrated the dog's movements in the video and confirmed the dog alerted on the front passenger door by biting the door handle. Door opened and officer reached out and closed the door. Officer testified the dog also scratched at the front passenger door pointing "to the source" of the odor.   Officer testified dog never entered the vehicle and that biting, scratching, jumping and/or barking were the dog's alert signals. Trial judge found officer was credible, consistent with the video, dog never entered the vehicle, the sniff was lawful and the brief opening of the car door had no effect on the search and the validity of the warrant. Court rejected defendant's argument that the opening of the car door constituted an unlawful search, noted trial judge found dog alerted prior to any opening of the car door and found there was no evidence dog was trained to open doors during a sniff. Source https://www.law.com/njlawjournal/almID/1678822790NJA290820/ 4. Prosecutor should not have rejected for PTI based on parking ticket suspension State v. Ransdell     Defendant appealed the denial of her application to enter the pretrial intervention program. Defendant was driving her vehicle when it was struck by a bus. Her passenger died from her injuries and defendant was charged with operating a motor vehicle that resulted in the death of another while her license was suspended. Her license had been suspended because of unpaid parking tickets. Prosecutor objected to defendant's entry into the pretrial intervention program. Trial judge denied her application because he could not find prosecutor's position "amounted to a patent and gross abuse of discretion." Defendant pled guilty, State recommended a non-custodial sentence and judge sentenced defendant to a three-year probationary term. Court reversed and remanded. Court found prosecutor's denial of PTI was a patent and gross abuse of discretion. Prosecutor found six factors that he believed justified barring defendant from PTI, including the nature of the offense. Court however, noted her license was suspended for unpaid parking tickets and there was no evidence she was intoxicated, under the influence or distracted by a cellphone at the time of the accident. Prosecutor's reliance on three other factors adding nothing that the nature of the offense factor did not take into consideration. Additionally, defendant had no criminal history and two of victim's close family members favored PTI. source https://www.law.com/njlawjournal/almID/1678481236NJA147621/ 5.  Upcoming Running Races and One mile swims for Charity often participated by Ken Vercammen 2023    July 8 Spring Lake Ocean Mile Swim Saturday 8:00AM              https://www.raceforum.com/slswim 7/12  Woodbridge Pizza 4 miler Wednesday  Wakefern Shoprite supports https://runsignup.com/Race/NJ/Sewaren/DowntownWoodbridge4MilePizzaExtravaganza   July 15, 2023 Long Branch Run>Swim>Run  Long Branch Run>Swim>Run Sat Long Branch, NJ 07740 US Directions      https://www.trisignup.com/Race/NJ/LongBranch/LongBranchRunSwimRun   &   July 15 Annual Bar Crawl    Belmar Train Station, 846 10th Ave Hash Five Mile five bar Rumson  10:17   Formerly ten mile, ten bar          DMW / Cumby      07/16/23  Manasquan Ocean Mile Swim         8:00AM      Sunday       Sun  Manasquan Ocean Mile Swim AND 1/2 Mile swim   Manasquan, New Jersey        Open water swim - Open Water Swim      https://www.raceforum.com/squanswim 7/19 RVRR pub crawl July 23, 2023 East Brunswick 5K Run/Walk Supporting Veterans VFW 9am Sun Wakefern Shoprite https://runsignup.com/Race/NJ/EastBrunswick/Benefit5KRunWalk 7/29 Summer Freezing cold hash run FCH Neptune Shark River Hills not a race, fun run with beverages July 30, 2023   JFK Medical Center Miles For Minds 5K 9am Sun Wakefern Shoprite https://runsignup.com/Race/NJ/Edison/JFKMedicalCenterMilesForMinds5K  8/5/23 Sea Girt 5K – Saturday http://seagirt5k.com   8/6  Long Branch 1 Mile Ocean Swim https://www.facebook.com/events/687522086124687/?ref=newsfeed 8/12/23  Asbury Park Sheehan Classic 5k – Saturday   SAC https://runsignup.com/Race/NJ/AsburyPark/AsburyPark5K 8/13 Dillon Wall High School Ocean Mile Swim in Sea Girt https://raceforum.com/27th-wall-ocean-mile-swim 8:00 am 8/19 Bradley Beach 5k Sat8:30ahttps://runsignup.com/Race/NJ/BradleyBeach/BradleyBeach5K August 27  Cross Country 5k USATF https://runsignup.com/Race/NJ/PeapackGladstone/USATFNJOpenMasters5kCrossCountryChampionships August 27 -JSRC Day at the Races  9/2/23 Belmar Five Mile Run  https://www.belmar5.com/Race/NJ/Belmar/BelmarFiveMileRun 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