Wrongful death claim dismissed where no timely application for administr...

Wrongful death claim dismissed where no timely application for administration Chandler v. Kasper Defendants appealed orders denying their motion for summary judgment and allowing plaintiff to amend her complaint to correct her standing in plaintiff's wrongful death and Survivor's Act action. Decedent was hit by an automobile driven by one defendant and owned by other defendant in December 2016. Decedent died six days later. Plaintiff, decedent's daughter, filed a complaint as Administrator Ad Prosequendum just prior to the running of the statute of limitations in December 2018. The complaint alleged decedent died intestate and that plaintiff had been appointed as Administrator. The complaint asserted claims under the Survivor's Act and a wrongful death claim. Defendants argued plaintiff's claims were statutorily barred by the wrongful death and Survivors' Act statutes. Defendants filed for summary judgment in 2020 asserting plaintiff lacked standing to bring the Survivor's Act claim because letters of general administration had never been issued to her. Plaintiff filed a second amended complaint to reflect that she obtained letters of general administration in December 2020. Motion judge denied defendants' motion on the grounds of equity and noted defendants participated in arbitration and discovery for years without raising the issue. Court reversed and found the filling of the complaint prior to the establishment of the estate was a "nullity" and the Survivor's Act count had to be dismissed. https://www.law.com/njlawjournal/almI...

Duty of Executor and following NJ law

Executor duties It is our recommendation that Executors undertake the following measures: 1. Conduct a thorough search of the decedent's personal papers and effects for any evidence, which might point you in the direction of a potential creditor; 2. Carefully examine the decedent's checkbook and check register for recurring payments, as these may indicate an existing debt; and assets 3. Contact the issuer of each credit card that the decedent had in his/her possession at the time of his/ her death; and cancel card 4. Contact all parties who provided medical care, treatment, or assistance to the decedent prior to his/her death; and pay undisputed bills after submitted to insurance company Other upcoming duties/ Executor to Do Notice of Probate to Beneficiaries (Attorney will handle) If charity, notice to Atty General File notice of Probate with Surrogate (Attorney will handle) Apply to Federal Tax ID if there will be several beneficiaries- Either Executor or Attorney can handle Set up Estate Account at bank (pay all bills from estate account) Type up list of all assets and all liabilities Email list to beneficiaries if applicable Pay Bills List real estate for sale and have attorney prepare, Deed, Affidavit of title and other document -If mortgage, contact mortgage company for payoff File first Federal and State Income Tax Return [CPA- ex Marc Kane] Prepare Inheritance Tax Return and obtain Tax Waivers (Attorney will handle) Sell applicable assets If house, select realtor to sell house “as is” File NJ Tax waivers on real property with County Clerk (Attorney will handle) Prepare Informal Accounting after assets sold Prepare Release and Refunding Bond for all beneficiaries to sign (Attorney will handle) Obtain Child Support Judgment clearance (Attorney will handle if needed) File Release and Refunding Bond with Surrogate after all beneficiaries sign. Let's review the major duties involved, which we've set out below. In General. The executor's job is to (1) administer the estate--i.e., collect and manage assets, file tax returns and pay taxes and debts--and (2) distribute any assets or make any distributions of bequests, whether personal or charitable in nature, as the deceased directed (under the provisions of the Will). Let's take a look at some of the specific steps involved and what these responsibilities can mean. Chronological order of the various duties may vary. Probate. The executor must "probate" the Will. Probate is a process by which a Will is admitted. This means that the Will is given legal effect by the court. The court's decision that the Will was validly executed under state law gives the executor the power to perform his or her duties under the provisions of the Will. An employer identification number ("EIN") should be obtained for the estate; this number must be included on all returns and other tax documents having to do with the estate. The executor should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate. This gives the executor the authority to deal with the IRS on the estate's behalf. Pay the Debts. The claims of the estate's creditors must be paid. Sometimes a claim must be litigated to determine if it is valid. Any estate administration expenses, such as attorneys', accountants' and appraisers' fees, must also be paid. Manage the Estate. The executor takes legal title to the assets in the probate estate. The probate court will sometimes require a public accounting of the estate assets. The assets of the estate must be found and may have to be collected. As part of the asset management function, the executor may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the executor will have to obtain stock power, tax waivers, file affidavits, and so on. Take Care of Tax Matters. The executor is legally responsible for filing necessary income and estate-tax returns (federal and state) and for paying all death taxes (i.e., estate and inheritance). The executor can, in some cases be held personally liable for unpaid taxes of the estate. Child Support Lien Search Request. Prior to individuals receiving money Federal law requires a child support lien search so each beneficiary will need to provide their Social Security number prior to inheritance. Your attorney can handle this, upon request. If child support is owed, and not deducted from the person's inheritance, the executor can be personally liable. Each beneficiary must sign a "Release and Refunding Bond" to distribute the assets.

Power of Attorney and fighting banks that give you a hard time

Suggestions for Executors and Trustees to communicate to beni

Expungement of Certain Marijuana or Hashish Cases

Expungement of Certain Marijuana or Hashish Cases The Marijuana Decriminalization Law, which took effect July 1, 2021, required the expungement of certain marijuana and hashish cases. As a result, the Supreme Court has ordered that thousands of cases be expunged. An expungement means this case is no longer part of your record. You do not have to report this case on a job application, housing application, or college application. The case has been removed from the public record and cannot be used to keep you from school, housing, or most jobs. The courts have expunged the cases of anyone convicted or adjudicated delinquent if your case has only one of these three offenses: N.J.S.A. 2C:35-5(b)(12) - Distribution of marijuana less than 1 ounce or hashish less than 5 grams N.J.S.A. 2C:35-10(a)(3) - Possession of more than 50 grams of marijuana, or more than 5 grams of hashish N.J.S.A. 2C:35-10(a)(4) - Possession of 50 grams or less of marijuana, or 5 grams or less of hashish The courts have expunged other marijuana and hashish cases as well. If the case included only one of the above offenses AND any of the below offenses, it was expunged: N.J.S.A. 2C:36-2 - Possession of Drug Paraphernalia N.J.S.A. 2C:35-10(b)- Use or Being Under Influence of Controlled, Dangerous Substance N.J.S.A. 2C:35-10(c)- Failure to Make Lawful Disposition of Controlled, Dangerous Substance The courts also expunged cases that involved attempts to commit and conspiracy to commit any offense listed above. Attempts and conspiracies to commit these offenses also were expunged according to the July 1, 2021 Supreme Court Order. source https://www.njcourts.gov/marihashexpu...

How to Confirm If a Pot Case Was Expunged and Receive a Certification

NOTICE TO THE BAR PROCESSES TO OBTAIN A CERTIFICATION OF EXPUNGEMENT FOR CERTAIN MARIJUANA AND HASHISH CASES IN ACCORDANCE WITH THE MARIJUANA DECRIMINALIZATION LAW The Supreme Court by Order dated July 1, 2021 provided for the dismissal, vacating, and expungement of certain marijuana and hashish cases involving offenses enumerated in the Marijuana Decriminalization Law, L. 2021, c. 19 (codified in relevant part at N.J.S.A. 2C:35-23.1 and N.J.S.A. 2C:52-6.1). Approximately 360,000 cases in the Superior Court (Criminal and Family) and in the Municipal Courts have been expunged from court case management systems. The Court in that Order required the Administrative Director of the Courts to develop and announce a process that will allow individuals to inquire as to whether their particular case has been expunged pursuant to the provisions of that order and to receive a certification confirming the expungement of their court record. Directive #24-21, issued today and published with this notice, sets out that process in detail.Directive #24-21 Criminal/Family/Municipal – Expungements – Requests for Copies of Expunged or Sealed Records; Certification of Automatic Expungement August 27, 2021 The purpose of this directive is to promulgate procedures to be used when individuals or their attorneys are seeking to obtain copies of the individual’s own expunged or sealed records or seeking a certification that their case has been automatically expunged pursuant to statute and/or Supreme Court Order. Individuals who are granted expungements or have had their records sealed in criminal, municipal, quasi-criminal, or juvenile delinquency matters are entitled to confirmation of those court-ordered or automated actions. Therefore, upon request and presentation of government issued photo identification, copies of an expungement order, a record indicating the case has been sealed, or a certification that the case was automatically expunged are to be provided to the individuals who are the subject of these records or their attorneys without the assessment of a fee. In accordance with any Supreme Court Order granting automatic expungements pursuant to N.J.S.A. 2C:52-6 and N.J.S.A. 2C:52-6.1, an expungement order granted pursuant to N.J.S.A. 2C:52-15(a), or when a case is ordered sealed from public access at the time of sentencing/adjudication, the records that are the subject of the order must be removed and/or isolated. In response to third-party requests for information or records on an expunged or sealed case, the court is required to indicate that there is no record. The restricted access to expunged or sealed records mandated by N.J.S.A. 2C:52-19 applies to third-party requestors, but not to individuals seeking copies of their own expunged records or their attorneys. To ensure adherence to confidentiality requirements surrounding expunged records, the Judiciary is able to audit staff access to the case management systems and applications that house the records and that produce the certification. https://www.njcourts.gov/attorneys/as... Directive #24-21 – Expungements – Records Requests; Certifications August 16, 2021 The procedures, request form, and order are to be used to provide expunged and sealed records to the individual who is the subject of the expunged records. The request form must be completed and presented in person along with a government-issued photo identification. It should be noted that a juvenile (under age 18) must have their parent or attorney make the request for the expunged or sealed record. Requests for a Certification of Expungement submitted by an attorney on behalf of their client will be processed centrally by the Superior Court Clerk’s Office. All other requests for expunged records submitted by an attorney on behalf of their client must be processed by the court where the expungement was granted, or where the conviction or juvenile adjudication was ordered sealed from public access. As noted on the Request Form, any individual who submits a request for expunged records and who makes a false statement under affirmation may be guilty of a crime of the fourth degree pursuant to N.J.S.A. 2C:28-2(a). Matters expunged or sealed upon the order of a Superior Court or Municipal Court judge will require an Order Permitting Release of Expunged or Sealed Records prior to providing the requested record. For automated expungements pursuant to a Supreme Court Order,1 a Certification of Expungement signed by the Superior Court Clerk of New Jersey will be provided in accordance with the attached procedures. https://www.njcourts.gov/attorneys/as... KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500

Sealing Marijuana or Hashish Records NJ

Hire an Attorney to File the Expungement Petition Expungement Services to Apply to Remove/Erase Criminal Arrests and Convictions/ Retainer for Legal Services rev 10/20/21 Please read and fill out interview form at end $1,900 if paid within 7 days Credit card or Check payable to Vercammen PC. [Fee is less if we handled case previously or is charge was dismissed outright in Municipal Court within one month] What we will do: -Telephone consultation with client; -Office consultation with client; -Opening of file and client may have free client case folder, Municipal Court brochure, MVC Points brochure, and Website brochure; -Review documents supplied by client and court; -Review of necessary statutes and case law; -Preparation of VERIFIED PETITION FOR EXPUNGEMENT OF RECORD PURSUANT TO N.J.S.A. 2C:52-6(a) - Preparation of other documents required by the court - Preparation of proposed ORDER FOR EXPUNGEMENT We file with Superior Court Expungement Unit- Petition and supporting documents Email Client with filed Petition Follow up Court Order for hearing (takes approx 60 days) Expungement Services to Remove Bill Misc phone calls to and from client -Call Superior Court Expungement Unit to confirm If Expungement granted and receipt of signed Order for Expungement, Preparation of letter with signed Order for Expungement to Client Please note a Judicial Expungement granted by the Superior Court Judge does not change databases set up by private entities or credit agencies. Preparation of End of Case Letter to client with original signed Order for Expungement and client questionnaire. Please fill out blank lines on your computer or by hand and email or return to office to start Expungement, and provide check or credit card info. You need to provide us with the Certified disposition if your prior offense was in Municipal Court. The Certified disposition should be provided to the Superior Court. To obtain the certified disposition, simply contact the Municipal Court. The Municipal Court will charge a fee of approx $10.00. If you are unable or unwilling to do this, our fee to drive to the court to obtain the Certified disposition is an additional $300. If your prior charge was in Superior Court, provide the Order of Dismissal if dismissed, or Judgment of Conviction JOC if a guilty plea. If PTI Pre-trial intervention, provide copy of Order of Dismissal. Please type up and email back details. Do the best you can. 1. Petitioner's name is _____________. any other name used___________________. Current address ___________________________________ CITY _____________________________ STATE _______ ZIP __________ CELL-PHONE ___________________________________ (Area Code Needed) OTHER PHONE # __________________________ E-MAIL ADDRESS ______________________________________________ REFERRED BY: _______________________________________________ 2. Petitioner's date of birth is _______, Social Security Number is ________ 3. Petitioner was charged on ________________ for violation of the following: N.J.S.A. 2C: ______________ type of offense _________________ Town ___________________ Summons/ Warrant/ Complaint # ____________________ [Leave out traffic tickets ex 39:4-49.1. Traffic tickets cannot be expunged] The original complaint number was ___________ 4. This matter was in ___________ County . 5. This matter was heard in the ______________ Municipal Court on __________ 6. On ______, I plead guilty of the following offense: ________________________. I was fined _____, costs of ______ and ______. Or on ________________, charges were dismissed 7. The following are all other charges against me since I was 18 year old, even if the charge was dismissed: [IF NONE, WRITE NONE] Petitioner was charged on ________________ for violation of the following: N.J.S.A. 2C: ______________ type of offense _________________ Summons/ Warrant/ Complaint # ____________________ Other prior offenses: This matter was in ___________ County , town ______________ Disposition/ result ___________________________________ [If none, write none] The client must provide a written disposition to the law office for all prior criminal charges or typed details you have, even criminal charges you were not arrested or fingerprinted. This is required by the Superior Court. All charges since you were 18 years old. The Law Office can obtain the Certified Disposition for Municipal Court cases, or a Judgment of Conviction for Superior Court charges at a fee of $400 per court. It is usually more cost effective for the client to obtain the court records themselves. Details on expungement at http://www.njlaws.com/expungement.html KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500

How To Obtain Criminal History of Arrests and Convictions- Go to Approv...

List of FBI-Approved Channelers for Departmental Order Submissions FBI-approved Channelers receive the fingerprint submission and relevant data, collect the associated fee(s), electronically forward the fingerprint submission with the necessary information to the CJIS Division for a national Identity History Summary check, and receive the electronic summary check result for dissemination to the individual. An FBI-approved Channeler simply helps expedite the delivery of Identity History Summary information on behalf of the FBI. Accurate Biometrics www.accuratebiometrics.com (773) 685-5699 Biometrics4All, Inc. www.applicantservices.com (714) 568-9888 Digital Trusted Identity Services, LLC www.daontis.com (703) 797-2562 Fieldprint, Inc. www.fieldprintusa.com (877) 614-4364 Gemalto Cogent, Inc. www.gemalto.com/govt (626) 325-9600 Idemia Identity & Security USA LLC www.idemia.com (877) 783-4187 Inquiries Screening www.inquiriesscreening.com (877) 702-7107 National Background Check, Inc. www.nationalbackgroundcheck.com (877) 932-2435 source https://www.fbi.gov/services/cjis/ide... National Credit Reporting www.nbinformation.com (800) 441-1661 STS SID LLC dba Sterling Identity www.sterlingidentity.com (844) 787-3431 Telos Identity Management Solutions, LLC https://enroll.idvetting.com (800) 714-3557 TRP Associates, LLC dba ID Solutions www.trpassociates.net (877) 885-1511 VetConnex www.Vetconnex.com (952)-595-5800

Are expunged records erased and destroyed? NO

Expunged charges are still available for certain government and police purposes. It is important to clarify that expungement is not “forgiveness” for committing a crime—that is a legal pardon. Likewise, pardons are not expungements and do not require removal of a conviction from a criminal record. In the United States, pardons may be granted by public officials. The President, for example, issues pardons annually. State governors may also pardon certain defendants in their states. Expungement proceedings, however, must be ordered by a judge, or court. https://www.americanbar.org/groups/pu... A State Affair In the United States, virtually all expungement proceedings take place in state courts. Expungement orders from federal courts are extremely rare, and there is no federal statute governing its application at the federal level. Each state, however, has its own laws about whose records are eligible for expungement, which offenses may be expunged, procedures for application, and definitions of how records will be managed under an expungement order. Juvenile records are the most common, but many states also allow adult defendants to seek expungement of their records. In Kentucky, for example, an adult may petition the court for expungement of certain records. Maine and North Dakota, however, limit expungements to juveniles and other specific defendants. All states limit the types of offenses that may be expunged. Driving offenses, for example, may not be expunged from records in some states. Other serious offenses, including murder, kidnapping, and rape, may also be ineligible for expungement. https://www.americanbar.org/groups/pu... An expungement order concerns specific matters and specific courts, and nothing more. Expungement orders do not remove records from the press, Google, or social media, for example. It depends on the matter that is being expunged, but sometimes additional documentation about the matter exists outside of the court’s jurisdiction. Without additional legal actions, the court cannot expunge such things as news stories, social media posts, interviews, or, in some cases, arrest reports made by police departments outside the court’s purview. Basically, expungement orders cannot completely erase public record. A recent federal court decision from the Tenth Circuit, Nilson v. Layton City, explains: An expungement order does not privatize criminal activity. While it removes a particular arrest and/or conviction from an individual criminal record, the underlying object of expungement remains public. Court records and police blotters permanently document the expunged incident, and those officials integrally involved retain knowledge of the event. An expunged arrest and/or conviction is never truly removed from the public record and thus is not entitled to privacy protection. https://www.americanbar.org/groups/pu... So, while a person’s reasons for seeking expungement of a record, and a court’s reason for allowing expungement of a record, might, ultimately, include desires for privacy, it is important to realize that there are limitations. Courts are working daily to strike a balance between public record and expunged matter in today’s Information Age. https://www.americanbar.org/groups/pu...

Is a dismissed charge still on my record after court? Yes for most offenses

Is a dismissed charge still on my record after court? Yes, except for certain drug offenses and recent dismissed charges. Hire an attorney for an expungement. KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500

Benefits of expungment in NJ

An expungement means this case is no longer part of your record. You do not have to report this case on a job application, housing application, or college application. The case has been removed from the public record and cannot be used to keep you from school, housing, or most jobs.https://www.njcourts.gov/marihashexpu... KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500

State v Gonzalez DWI affirmed where driver slumped behind wheel

State v Gonzalez DWI affirmed where driver slumped behind wheel Defendant appealed his DWI conviction and sentence. Witness reported car was stopped at a light, did not move when light changed and driver appeared to be slumped over the wheel. Officers found defendant asleep in the driver's seat, car was in gear and defendant had his foot on the brake. Officers managed to wake defendant up and the car lurched forward, almost striking officer. Officers detected a strong odor of alcohol, noticed defendant had a flushed face and watery eyes and video showed him swaying as he exited the vehicle. Defendant alleged a leg injury prevented him from performing some of the field sobriety tests and he failed to follow the instructions for the "alphabet test." Officers administered an Alcotest breath test at the police station following defendant's arrest. Municipal court denied defendant's motion to suppress the Alcotest results and found defendant guilty. Law Division rejected defendant's claim that police did not have probable cause to arrest him. Court agreed there was probable cause to arrest defendant and to convict him based on witness's observations alone, Alcotest was properly administered and he was not entitled to be sentenced under the amendment. Source https://www.law.com/njlawjournal/almID/1632512174NJA436619

Wills, Probate, and Power of Attorney Mercer County Library System

2021 Estate Planning & Probate Information

1. Will preparation online without having to travel to law office and follow up consults over phone & online. 

2. Probate in 2021 while Surrogate offices closed to the public

3. Dangers of cheap online forms. Always have your attorney prepare a proper Self- Proving Wills since witnesses often move or pass away. 

4. You should sign an updated legal Power of Attorney- Do not use a form found online.

5. What to do after signing a Will 2021 

6. What happens if No Will or cheap online document not done right

7.  Sign a Living Will /Advance Directive in the event you become permanently unconscious, are in a terminal condition or serious irreversible illness   

8. Free online Will Seminars and Speakers available for Seniors and community groups

 

1. Will preparation online without having to travel to law office and follow up consults over phone & online. 

Wills now prepared online but without requiring persons to travel into the office.

To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well being and convenience.

1. For Wills, Power of Attorney, Living Wills, please contact the Vercammen Law 732-572-0500. We will email the Will interview form.

2. Type response/ Fill in details. Email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to Vercammen Law.  Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Information cannot be handwritten since computer cannot scan handwriting.

3. Ken V will call to discuss after typed interview form received.
4. After persons pay by credit card online or check we will draft documents and email to clients.
5. Ken V will call to answer further questions
6. Sign documents in front of notary and two witnesses [ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. 

    Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. 

       The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

        

2. Probate in 2021 while Surrogate offices closed to the public

     Prior to Covid, Executors had to make a personal appearance in the County Surrogate’s Office. Due to Covid, County Buildings and Surrogate’s offices were closed to the public.

     Therefore, to handle probate matters when there is a valid Will we first fill out the Surrogate’s Information Sheet.

         Then we forward the Surrogate’s Information Sheet together with a copy of the Will and copy of Death Certificate.

-       Each County Surrogate has its own procedures. 

-       Then the surrogate is sent by certified mail:

-       Original Will

-   Original Death Certificate

-   Signed Surrogate papers

-       Check typically for $160

 

   We receive paperwork from the Surrogate to be signed by the Executor then we file with the Surrogates:

-       Notarized   Application for Probate

-       Notarized Auth to accept process

-       Notarized child support form

 

    Thereafter, the Surrogate will forward your attorney or you with Letters Testamentary. During Covid, no personal appearances in the Surrogate’s office. We handle everything by mail, fax & email

     If there is no Will, the procedure is more complicated, called an Administration.

   All the beneficiaries need to sign a Renunciation. We then fill out, notarize and file the following document with the Surrogate.

[  X ]  Application Administration  

[  X ]  Renunciation by all Beni         

[  X ]  Administration Affidavit of assets

[  X ]  Administrator Qualification

[  X ]  Power of Attorney Administration

[  X ]  Child support lien notice

[  X ]  acknowledgement receipt of bond info

[  X ]  Original Death Cert 

   If all beneficiaries will not sign the Renunciation, then an expensive Complaint and Order to Show Cause must be filed requesting a Superior Court Judge to select someone to be the estate Administrator.

3. Dangers of cheap online forms. Always have your attorney prepare a proper Self- Proving Wills since witnesses often move or pass away. 

      The County Surrogates will reject for filing a Last Will and Testament when the Will was not correctly and legally signed and witnessed by independent persons.

        The prior New Jersey Probate law required one of the two witnesses to a Will to travel and appear in the Surrogate’s office and sign an affidavit to certify they were a witness. This often created problems when the witness was deceased, moved away, or simply could not be located.  Some witnesses would require a $500 fee to simply sign a surrogate affidavit.  

        The New Jersey Legislature later passed a law to create a type of Will called a “Self-Proving Will.”  In the improved “Self-Proving Will”, the person for whom the Will is made first must sign.  Then the two witnesses sign. Then the attorney or notary must sign; 

        Then the person signs a second time on the self-proving affidavit, then the witnesses sign a second time, then the notary or attorney signs with certain statutory language to indicate the Will is self-proving.  Beware of online documents not prepared by an attorney. Never use a cheap form on line. No one tries to do their own electrical work on their home anymore or do their own dental work. Have a professional do it right.

        When done properly, the executor does not have to locate any witnesses. This usually saves time and substantial money.  If your Will is not “self-proving” or if you are unsure, discuss with an estate planning attorney. Even some law offices don't follow the revised law, and fail to prepare self-proving Wills. Do not use a law office that follows old methods and does not do a self-proving Will. Ken Vercammen’s office prepares Self Proving Wills.

 

4. You should sign an updated legal Power of Attorney- Do not use a form found online.

      A Power of Attorney should always contain reference to the NJ statute requiring banks to honor the Power of Attorney. Section 2 of P.L. 1991, c. 95 (c. 46:2B-11). A NJ bank or brokerage company does not have honor a Power of Attorney without the proper NJ language. 

     Also, if you or your representative move it is a good idea to have a new POA prepared since a bank may give your selected person a hard time if the address on their license is different than the address on the POA.   

      A Power of Attorney is a written document in which a competent adult individual (the "principal") appoints another competent adult individual (the "attorney-in-fact") to act on the principal's behalf. You usually select a spouse, child or family member. In general, an attorney-in-fact may perform any legal function or task, which the principal has a legal right to do for him/herself. You may wish to sign a Power of Attorney giving your spouse, children or partner the power to handle your affairs if you become ill or disabled. In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your spouse, family or partner cannot pay your bills or handle your assets.  The result can be lengthy and expensive delays. Have a current Power of Attorney prepared. Avoid having to spend $4,000 on a lengthy guardianship.

 

5. What to do after signing a Will 2021 

     You keep your original Will. Only the original Will can be admitted to probate by the Surrogate. The County Surrogate cannot probate a photocopy of Will or scanned Will. That is why it is important that you know where the original Will is located, and it is in a place the Executor can easily get to it. Buy a fireproof box. Wills are not registered or filed until someone dies.

         After documents are signed, for record keeping, it is a good idea to email scanned copies of your documents to family, Executors, Trustee, Guardian and children if appropriate. Also email the Living Will to doctors.

 

   Email a copy of your Power of Attorney to your Accountant, Financial Advisor, and bank. If you have a Living Will, please be sure to give a copy to your Doctor and family. You may also wish to obtain copies of your life insurance beneficiary designation, IRA/ 401k/ SEP designation forms and include in your Will folder. Some clients also prepare a list of online passwords for accounts and digital assets.

 

6. What happens if No Will or cheap online document not done right

If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:

 

1.        The procedure to distribute assets becomes more complicated and more expensive. It will require all of the children to select someone to be the Administrator, then all the children to sign a Renunciation Affidavit in front of a notary. If all the children do not sign the Renunciation Affidavit if front of notaries, then a Complaint and Order with have to be filed in the Superior Court. Cost over $3,000. The preparation of a Will for $400 eliminates these costs.

2.        Additional expenses will be incurred and extra work will be required to qualify an administrator-Surety Bond, additional costs often over $1,000 and extra legal fees.

3.         State law determines who gets assets, not you. People who dislike you or don’t care about you can get your assets.

4.         If you have no spouse or close relatives the State may take your property. Most people who rather have charities or friends get their money.

5.         It often causes fights and stress within your family and sometimes lawsuits.

6. A Judge determines who gets custody of children or grand children. A greedy brother or crazy mother-in-law could ask the court for custody.

         When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with Financial concerns and estate problems if there is no Will or not prepared or signed properly. 

         Who don’t you want to receive your assets?

 

7.  Sign a Living Will /Advance Directive in the event you become permanently unconscious, are in a terminal condition or serious irreversible illness   

     

A Living Will is your written expression of how you want to be treated in certain medical conditions. This document will permit you to express whether or not you wish to be given life-sustaining treatments in the event you are terminally ill or injured, to decide in advance whether you wish to be provided food and water via intravenous devices ("tube feeding"), and to give other medical directions that impact the end of life. 

    "Life-sustaining treatment" means the use of available medical machinery and techniques, such as heart-lung machines, ventilators, and other medical equipment and techniques that will sustain and possibly extend your life, but which will not by themselves cure your condition. In addition to terminal illness or injury situations, NJ will permit you to express your preferences as to treatment using life-sustaining equipment and/or tube feeding for medical conditions that leave you permanently unconscious and without detectable brain activity.

   Example:

A.  Fluids and Nutrition.  

I request that artificially provided fluids and nutrition, such as by feeding tube or intravenous infusion Most people initial #1

 

1. ______ shall be withheld or withdrawn as "Life Sustaining Treatment."

                                                     

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

 

B.   Directive as to Medical Treatment. 

 

        I request that "Life Sustaining Treatment" be withheld or withdrawn from me in each of the following circumstances: ]

 

(Most people initial 1-4 )

1.  ______ If the "life sustaining treatment" is experimental and not a proven therapy, or is likely to be ineffective or futile in prolonging my life, or is likely to merely prolong an imminent dying process;

2. ______ If I am permanently unconscious (total and irreversible loss of consciousness and capacity for interaction with the environment);

3. ______ If I am in a terminal condition (terminal stage of an irreversibly fatal illness, disease, or condition); or

4.  ______ If I have a serious irreversible illness or condition, and the likely risks and burdens associated with the medical intervention to be withheld or withdrawn outweigh the likely benefits to me from such intervention.

 

     ___ None of the above. I direct that all medically appropriate measures be provided to sustain my life, regardless of my physical or mental condition.  [This means you want to be kept alive with tubes, none pick this]

If you or anyone you know needs an updated Will, Power of Attorney or Living Will, please have them fill out our confidential interview form and schedule a consult. Call the Law Office of Kenneth Vercammen at 732-572-0500 to schedule an in-office consultation.

Kenneth Vercammen & Associates

Attorney at Law

2053 Woodbridge Ave

Edison, NJ 08817

 

8. Free online Will Seminars and Speakers available for Seniors and community groups

      When the Senior Centers and Libraries closed, we served as a speaker via Zoom and Facebook Live for the Library online Will seminars.

           There are changes to NJ Probate procedures while courts and offices are closed and working remote. We are continuing to serve as a speaker on Wills, Power of Attorney and Probate seminars for 2021.

         The East Brunswick Library, Piscataway Library, Edison Library, and Woodbridge Library will have programs to help seniors and taxpayers protect themselves and know their legal rights. We invite groups and your companies to schedule an online Wills seminar.

2021 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.   NJ Estate Tax eliminated and Inheritance Tax reduced

6.   Power of Attorneys recommendations

7.   Living Will & Advance Directive for Medical Care

8.   Administering the Estate/Probate /Surrogate

9.   Avoiding unnecessary expenses and saving your family money

             We would welcome the opportunity to talk with persons to explain more about the Wills Seminars.  Programs are broadcast via Zoom or Facebook Live.

        I have served as a speaker for Senior citizen and adult school programs on Wills and Estate Administration in Edison, Piscataway, South Plainfield, Metuchen, Woodbridge and throughout Middlesex County.

                       

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

 

10.                 2021 Federal estate tax rate changes for 2021

   the threshold for federal estate taxes is $11.7 million, which is up slightly from $11.58 million in 2020. For married couples, this threshold is doubled, meaning they can protect up to $23.4 million in 2021

Federal Gift Tax  in 2021, you can give up to $15,000 to someone in a year and generally not have to deal with the IRS about it. If you give more than $15,000 in cash or assets (for example, stocks, land, a new car) in a year to any one person, you need to file a federal gift tax return.

 

No more license suspensions for FTA

Lewd gestures to home camera could be violation of TRO State v EJH