Deed & Affidavit of Title Legal Services To Be Provided

Deed & Affidavit of Title Legal Services To Be Provided

1. Telephone consultation with client & Office consultation with client.

[Office consult alone is $150 fee]

2. Offer sound legal advice to client.

3. Opening of file and offer client free office brochures 

4.  Prepare Deed form on computer, insert  Property location - type street,  city/town, state, zip.

-Insert in deed Sellers name/s should be inserted.

-Type New Owners name/s., -Type in prior Book # page # 

-Type in the date the sellers purchased property.

-Type in- Municipal Lot and Block.

-Type in other necessary information in Deed.

5.   Prepare Affidavit of Title- Insert where seller will live after Deed.

6.    Insert transfer details,  -Do spell check.

7.  Print Deed & Affidavit of Title.

8.  Prepare Affidavit of Partial Exemption.

9.  Prepare 1099 for no capital gains tax, if applicable.

10. Prepare Seller's Residency Certification/Exemption

11.  Prepare correspondence to County Clerk. [Note- You must pay the mandatory fees to the county Clerks' office, and deliver the Deed and papers to the Clerk's office

12. Preparation of End of Case Letter and client questionnaire.

13. Free subscription to monthly E-mail newsletter.

14. Free T- shirt, Pens upon request.

  Fees.  Fees can be paid by VISA, Master Card, American Express, check, money order or cash.  Make checks payable to Kenneth Vercammen, P.C.  As with most Attorneys, Fees are paid at the initial consultation and must be paid prior to documents being drafted. The client is responsible for the County Clerk filing fees, which are between $120-$180.

 [Note- After the Deed is typed, there is a minimum $50.00 additional charge for each change in Grantees or Buyers or other changes not set forth in the Questionnaire filled out by clients at the initial consult.  The fee paid is non refundable. The Deed needs to be signed within 20 days of initial consult or additional fee will be charged. We do not do Tax Planning or Medicaid Planning. The up front fee for a Medicaid trust and house transfer is  $4,000, handled by outside counsel

Deed Bill  rev 12/7/13

  KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500       (Fax)    732-572-0030

DEED TRANSFER INFO SHEET                       website: www.njlaws.com    

                                       

1. Grantor/ Property owner: (as it appears on deed) _______________________

2. Grantee- Person who is receiving property __________________________

2. Phone (cell)_______________________(W)__________________

3.  Your fax #______________. 4. Email Address ____________________

5. Real Estate transferred: Lot No.  _________  Block No.  __________

 Address: __________________________________________

Grantor's address if different form above Address:______________________

6. Present Mortgage Company and equity loan: ______________________

 Address:  ___________________________________________

 Loan No. _____________________ 800 Telephone No.    ___________

 If none write- None   (If mortgage you will need to obtain copy of payoff amount)

7. Other Mortgages/ Home Equity Loan: ___________________________

8. Is any Seller age 62 or over? If so, name and date of birth: __________

9. Social Security Number _____-_____-_____.

10. Name, Address, Telephone number of Condominium Association, if any: __

11. Reason for transfer _____________________________

PLEASE ATTACH A COPY OF DEED (not original). If you have a copy of the old TITLE INSURANCE & SURVEY please include also.

   Marriage Information:  Date of Marriage  __________  Maiden or Prior Name(s) __________________ Prior Marriages   ___________________ 

 (copy of Final Judgment of Divorce needed, not original)

13.  Address After Property transfer if moving: ___________________

Deed price $ ________________                

 KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

                                    (Fax)    732-572-0030   website: www.njlaws.com

DWI defense & Pretrial Motions

DWI defense & Pretrial Motions    
1. Suppress Evidence
2. Miranda/Privilege
3. Notice of Objection
4. Exclude Tests.
5. Discovery
6. Reciprocal Discovery
7. Speedy Trial
At a time to be set by the Court, Defendant will move for Orders pursuant to R. 3:10-5, 3:13-1, and 7:7-7, as follows and requests oral argument pursuant to R. 1:6-2(d) to preserve all of defendant's rights and defenses:

1. Suppress Evidence. Defendant will move to suppress, evidence obtained by the State during its investigation of case, pursuant to R. 3:5-7 and 7:5-2, because evidence-- ie defendant's person, breath, blood, and/or other things--was seized unlawfully, without a warrant  and contrary to U.S. Const. Amends. IV and XIV and N.J. Const. Art.1, para.7. Defendant believes the State will use this evidence in proceedings before this Court on the above captioned charges.

2. Miranda/Privilege. Defendant will move to exclude statements by, and evidence obtained from, Defendant during the State's investigation of this case because the statements and evidence (a) create substantial danger of undue prejudice to Defendant contrary to Evid.R. 403 (previously Evid.R. 4), (b) are privileged under Evid.R. 503 (previously Evid.R. 25), and (c) were obtained contrary to U.S. Const. Amends. V, VI, IX, and XIV, NJ Constitution 1, paras.1, 10, and 2], and requirements stated in Miranda v. Arizona, 384 US. 486, 86 S.Ct. 1602 (1966), and its progeny.

3. Notice of Objection. If the State gives notice of intent to proffer a certificate executed by a laboratory employee pursuant to N.J.S. 2C:35-19c, Defendant hereby objects to it on the grounds that Defendant intends to contest at trial the composition, quality, and quantity of substances submitted to the laboratory for analysis.

4. Exclude Breath Tests. If police used a breath testing instrument in this case, Defendant will move to exclude evidence(- of breath test results because (a) the Attorney General failed to exercise administrative authority and prescribe methods and procedures for periodic inspection of breath testing instruments as required by N.J.S. 39:4-50.3, and (b) without such properly prescribed methods and procedures, the State cannot lay the foundation needed for admission of breath test results into evidence at trial. See Romano v. Kimmelman 96 N.J. 66, 81 (1984)

GENERAL PROVISIONS

5. Discovery.  Defendant requests that the State either produce or permit Defendant's attorneys to inspect and copy or photograph any relevant discovery as required by Rule 3:13-3, Rule 7:7-7(b), OPRA 47:1A-1 et seq. and the common law right to know under Shuttleworth v. City of Camden 258 N.J. Super. 573 (App. Div. 1992). including all relevant items specifically listed on the DISCOVERY requests submitted. Defendant further requests that the Court enter a DISCOVERY ORDER, provided the prosecutor neither sends notice of specific objections in writing pursuant to R. 3:1-4 nor moves timely for a protective order pursuant to R. 3:13-3(d).

      If the State fails to provide discovery as requested herein, Defendant may move either before or during trial pursuant to R. 3:13-3(f), R. 3:17-4, and Evid.R. 807 (previously Evid.R 64), as applicable, for an Order (a) permitting discovery or inspection of undisclosed materials, (b) granting a continuance, (c) prohibiting introduction in evidence of undisclosed material, (d) monetary sanctions, (e) dismissal of the charges, and (f) such other order as the Court deems appropriate.

EVICTION LEGAL SERVICES - Eviction -Flat Fee

EVICTION LEGAL SERVICES - Eviction -Flat Fee

more info at http://njbusinesslaw.blogspot.com/2014/01/eviction-legal-services-flat-fee-1500.html

     Consultation  $200

         Representation/ What We will do for you.  The legal work includes research, correspondence, preparation and drafting of pleadings and other legal documents, conferences in person and by telephone with you and with others, dictating and reviewing letters, negotiations, and any other related work or service to properly represent you in this matter.  The Law Firm will provide legal representation through an attorney who is licensed to practice law in New Jersey.

             We agree to provide conscientious, competent and diligent services on the issues you provided us at the initial consultation.  At all times we will seek to achieve solutions, which are just and reasonable for you. We include:

1.      Telephone call with client;

2.      Office consultation with client if requested

3.      Offer sound legal advice to client, plus access to our legal info website www.njlaws.com

4.      Preparation of statement to provide legal services;

5.      Opening of file and client may have free client case folder, brochures;

- Email Client Eviction Questionnaire/ form Complaint

-Prepare TENANCY SUMMONS AND RETURN OF SERVICE (R. 6:2-1)

-Assist client to complete Certification by Landlord  

-Fill out Certification by Landlord's Attorney (Appendix XI-U)

-Prepare filing letter to Court

-Appearance in Superior Court if needed

       If tenant refuses to vacate after hearing, will advise client on how to file for the Warrant for Removal with the constable, but will not prepare or file the actual paperwork unless retained/ paid additional fees after the court appearance

6.      Review of necessary statutes and case law;

7.      Review any miscellaneous correspondence from tenant or landlord

8.      Review documents supplied by client and court;

9.      Preparation of End of Case Letter and client questionnaire;

10.    Free Brochures provided on other legal topics such as Worker's Comp, Wills, Personal Injury;

11.    Free subscription to monthly e-mail newsletter. Provide your email address;

12.    Follow up telephone advice. If you call, provide the specific questions with the message. Your Attorney on Retainer for the next year;

13.    Invitation to client socials/ seminars and Community events via email;

14.    Hold and maintain file for seven years in storage as free client service;

15.    Free T-shirt, travel coffee mug, foam soda can holder and estate planning book. Please ask Ken V or staff upon retaining the office.

        

         2.  Legal Fees.  The Law Firm cannot predict or guarantee what your final bill will be.  This will depend on the time spent on your case and the amount of other expenses.

         A.  Fee for Flat fee services:  The Law Firm will work on your case upon receipt of a fee in the amount of $1,500

         3. Different / Other Legal Services.  You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement.  Without such agreements, the Law Firm is not required to do any of the following:

     (a) Provide legal service not involving the dispute set forth in paragraph 1;

     (b) Provide any legal services after the judgment of the trial court;

     (c) Enforce any judgment or order of the trial court or Appeal;

     (d)  Represent you in any other court or Tribunal.

         [We suggest a card number to be used as security if you request services outside the flat fee.] You permit bills to be submitted to you credit card company.

Credit card number: _______________________

Credit card company: ______________________  exp ___

        

         4.  Costs And Experts.  In addition to legal fees, you must also pay the following costs and expenses; experts' fees, court costs, investigators' fees, deposition costs, messenger services, parking, telephone toll calls, and photocopying, and any other necessary expenses in this matter.  The Law Firm may recommend that experts be retained directly by you. You would then be solely responsible to pay the experts.  The experts usually require they be paid up front. Costs and expenses are not included in the flat fee for legal services.

       5.  Bills.    All other bills for costs and legal expenses are due upon receipt.  In the event any bills are not paid within ten (10 days), the Law Firm shall have the right to withdraw from representing you.  Our minimum billing unit is 1/4 hour. This practice is necessary to adequately compensate for time expended in addition to brief contacts (such as telephone calls), which includes reviewing documents and preparing notes, and the mandatory file memoranda resulting from such brief contacts.

Guardianship Legal Services To Be Provided/Retainer FEE $2,500

Guardianship Legal Services To Be Provided/Retainer

 FEE  $2,500 

1.  Legal Services To Be Provided.  You agree that the Law Firm will represent you in connection with proposed Guardianship.  

1. Office interview with client, office consult fee is $150.00, which is included in the Complaint preparation fee.  

2. Review Guardianship Questionnaire filled out by client. 

3. Obtain information such as name, address and telephone number.  

4. Obtain information regarding value of real estate, life insurance and other assets. 

5. Obtain information regarding estate and  beneficiaries. 

6. Obtain information regarding names of family members. 

7. Discuss possible individuals to serve as Guardian. 

8. Discuss Court procedures, answer legal questions.    

9 Office conference, attend to signing of Complaint, Answer Questions and explain provisions.

10 Obtain client's email address to send updates. 

11 Attend Hearing

12. Preparation of end of case letter to client after guardianship granted

 The legal work includes research, correspondence, preparation and drafting of pleadings and other legal documents, conferences in person and by telephone with you and with others, dictating and reviewing letters, negotiations, and any other related work or service to properly represent you in this matter. Please read our website article to help you understand how guardianships are handled

http://www.njlaws.com/guardianship_of_disabled_adults.html?id=460&a=

Documents we will prepare:   

1. Opening of file and offer client information brochures 

2. Draft Verified Complaint for Guardianship 

3. Prepare Affidavit of Proposed Guardian in Support of Complaint for Guardianship

4. Affidavit of next of kin 

5. Prepare AFFIDAVIT OF Doctor 1

6. Prepare CERTIFICATE OF Doctor 2

7. Letters to Doctors to be delivered by client 

8. Prepare letter to client enclosing draft documents for client to carefully read

9. Prepare ORDER FOR HEARING

10. Contact client to request client have doctor sign affidavit

11. Attend to proposed Guardian signing complaint

12. Prepare letter to court with signed complaint and 2 doctor certificate

13. Prepare NOTICE to incapacitated person

14. Prepare and file CERTIFICATION OF SERVICE on incapacitated person

15. Prepare co to surrogate with NOTICE to incapacitated person of Complaint and Certification of Service

16. Prepare co to guardian with hearing notice

17. review attorney Guardian report

18. Prepare Guardianship Judgment

NJ Inheritance Tax

NJ Inheritance Tax
    The Transfer Inheritance Tax recognizes five beneficiary classes, as follows:
Class "A" - Father, mother, grandparents, spouse, child or children of the decedent, adopted child or children of the decedent, issue of any child or legally adopted child of the decedent and step-child of the decedent.
Class "B" - Eliminated by statute effective July 1, 1963.
Class "C" - Brother or sister of the decedent, including half brother and half sister, wife or widow of a son of the decedent, or husband or widower of a daughter of the decedent.
Class "D" - Every other transferee, distributee or beneficiary who is not included in Classes "A", "C" or "E".

Class "E" - The State of New Jersey or any political subdivision thereof, or any educational institution, church, hospital, orphan asylum, public library or Bible and tract society or to, for the use of or in trust for religious, charitable, benevolent, scientific, literary or educational purposes, including any institution instructing the blind in the use of dogs as guides, no part of the net earnings of which inures to the benefit of any private stockholder or other individual or corporation; provided, that the exemption does not extend to transfers of property to such educational institutions and organizations of other states, the District of Columbia, territories and foreign countries which do not grant an equal, and like
exemption on transfers of property for the benefit of such institutions and organizations of this State.

NOTES: If any beneficiary is claimed to be the mutually acknowledged child of the decedent, said claim should be set forth in the detailed manner prescribed under N.J.A.C. 18:26-2.6. For the purposes of the New Jersey Transfer Inheritance Tax an adopted child is accorded the same status as a natural child and, therefore, his relations are treated in the same manner as those of a natural child. (i.e. if the decedent's adopted son marries, his spouse is "the wife of a son of the decedent" and therefore a class "C"
beneficiary).

     A devise of real property to a husband and wife as "tenants by the entirety" provides each with a vested life estate, the remainder being contingent. See N.J.A.C. 18:26-8.12. The issue of stepchildren ARE Class "D" (NOT Class "A") beneficiaries.

     The following ARE Class "D" (NOT Class "C") beneficiaries: stepbrother or stepsister of the decedent, wife or widow of a stepchild of the decedent, husband or widower of a step-child of the decedent, wife or widow of a mutually acknowledged child of the decedent, and husband or widower of a mutually acknowledged child of the decedent. The fact that a beneficiary may be considered "nonprofit" by the Internal Revenue Service does not necessarily mean that it qualifies for exemption as a Class "E" beneficiary since the criteria are different.

TAX RATES
 Each class of beneficiary has its own separate tax rate.

EXEMPTIONS
1. The transfer of real and personal property in this State held by a husband and wife as "tenants by the entirety" to the surviving spouse is not taxable for New Jersey Inheritance Tax purposes.
2. The transfer of intangible personal property such as stocks, bonds, corporate securities, bank deposits and mortgages owned by a nonresident decedent is not subject to the New Jersey Inheritance Tax.
3. Any sum recovered under the New Jersey Death Act as compensation for wrongful death of a decedent is not subject to the New Jersey Inheritance Tax except as provided below:
a. Any sum recovered under the New Jersey Death Act representing damages sustained by a decedent between the date of injury and date of death, such as the expenses of care, nursing, medical attendance, hospital and other charges incident to the injury, including loss of earnings and pain and suffering are to be included in the decedent's estate.
........ more info at http://njprobate.blogspot.com/2014/01/nj-inheritance-tax.html
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax)    732-572-0030

Post Will instructions

Post Will instructions

I am writing this letter to you in order to give you and all my clients several important reminders regarding your Will and things related to it. I am doing this in order for you to have a permanent record of the contents of this letter and also that you may refer to this letter from time to time in the future in order to refresh your memory of them.  Please be sure, therefore, to keep this letter with your copy of your Will.

 We have given you the Original signed Will to take home.  Please advise your Executors where the original Will is going to be stored. Additionally, please provide your Executor with our business card and instruct your Executor to contact us prior to going to the Surrogate's Office or probating a Will. If you have a Living Will, please be sure to give a copy to your doctor.

 I recommend that you review your Will periodically in order to keep it up-to date regarding changes in your family, your property, your wishes, and the law.  I suggest that approximately five (5) years from the present time, you contact my office and schedule an appointment again so that we can review your Will together. 

 Please do not let this periodic review program prevent you from considering the making of a change in your Will at any earlier date.  Changes should be made whenever you believe such changes are necessary. A person's family, property and wishes may change over the years and for these and other reasons you should re-examine your will from time to time in order to make sure that it will carry out your present wishes.

 I caution you against making any marks upon your original Will because this can lead to a Will contest. If you want to make a change in your Will, please come back to my office and we will either make a Codicil (a short addition) to your Will or a new Will depending upon your needs and wishes.

 In the event that a death occurs in your family, may I suggest that you contact my office immediately in order to determine what, if anything must be done in order to settle that person's estate. I also suggest that you instruct your Executor and the members of your family to contact my office immediately, in the event of your death, in order to determine what, if anything, must be done to settle your estate. 

 It has been a pleasure handling your legal affairs. If I can be of any help to you in the future, please be sure to call on me again. Thank you again for allowing my office to be of service to you.  We hope you are satisfied with the services performed by my office.  The file is now closed. 

  We look forward to helping you and your family in the future. If you have any suggestions for the improvement of my Will and estate planning services, please let me know what they are.  

 We welcome additional business and accept referrals for:

 1) Personal Injury- Car Accidents   

 2) Municipal Court, Traffic Tickets and DWI.

 3) Wills, Power of Attorney,  Living Wills and Estate Planning.

 4) Criminal cases

 5) Probate/ Administration of Estates

 6) Injuries caused by  Fall downs

 7) Civil Litigation for cases over $10,000.

 Please pass my office's phone number to your family and friends who do not have a current Will. Our Confidential Will Questionnaire is online at 

www.njlaws.com/will_Questionnaire.htm

    

  KENNETH VERCAMMEN

Co-Chair American Bar Association Estate Planning & Probate Committee

Co-Author" Nuts & Bolts of Elder Law & Estate Administration for the NJ State Bar Association's Institute for Continuing Legal Education

SPEEDING and RADAR

SPEEDING and RADAR 

               By Kenneth A. Vercammen

       

 It is well established that the prosecution of a defendant for a motor vehicle violation is a quasi-criminal proceeding.  In such a proceeding the burden of proof is upon the state to establish all elements of the offense beyond a reasonable doubt.

 In every charge of a speeding violation, the complaint or summons should specify (l) the speed at which the defendant is alleged to have driven, (2) the speed which is prima facie unlawful, and (3) the time and place of the alleged violation. 

 A sign showing a speed limit is merely notice of the law or an ordinance or regulation prohibiting a greater speed.  The sign itself does not set the speed limit.  There can be no conviction for violation of the edict of a posted sign, but only for violation of the statute, ordinance, or regulation having the force of law.  There are many unauthorized signs in the state which may serve as a warning but have no effect in creating an offense.  

More info at http://www.njlaws.com/speeding_and_radar.html

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax)    732-572-0030