Estate Planning During Covid

Estate Planning during Covid

Kenneth Vercammen’s Law Office new Will preparation online with follow up consults online and without having to travel to law office.
The state emergency still does not prevent you from getting your estate planning done. Our office has been inundated with calls from persons that put off preparing a Living Will/ Advance Directive, Will or Power of Attorney.
To assist potential clients and seniors we now offer consults and document preparation remotely. We are concerned about your health and wellbeing.
1. For Wills, Power of Attorney, Living Wills, Deeds, Expungements please email Vercammenlaw@njlaws.com. We will email the interview form.
2. Type response/ Fill in details. email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com. 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. Cannot be handwritten since we cannot cut and paste into the forms.
3. Ken V will call to discuss after typed interview form received.
4. After persons by credit card online or payment confirmed from PayPal, legal plan or Barter Depot, we will draft documents and email to you.
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. Sign a Living Will with Power of Attorney for Health Care 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.
Please type up response to Short form Will interview form q and email back to Vercammenlaw@njlaws.com. Thank you
PLEASE type and email back
1. Your Full Name ________________________________
2. Your Street Address: ____________________________________
3 City _______________________ State ____ Zip Code ______________
4. Telephone Numbers: Cell: _______________________________ other # _____________________
Executor 1
Name: _________________________ __________________________
First Last
Relationship: _______________
Address: ________________________
2. SECOND Choice of Executor/Personal Representative in Power of Attorney:
This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death, or is unable to serve.
Name: _________________________ __________________________
First Last
In the Will- Who do you want to get your assets:
Beneficiary (1) _______________________ Relationship _______________
Beneficiary (2) _______________________ Relationship _______________
Who receives your estate if any beneficiary predeceases you? ________
Minimum fee for Last Will and Testament preparation for retired persons is $350
We will draft documents for signing in front of a NJ notary.

No More Phony Stop for License Plate Holder Partially Obstructing Garden...

No more phony stop for license plate holder partially obstructing Garden State words State v Roman- Rosado A-3703-17T4

Following the stop of defendant's car for allegedly violating N.J.S.A. 39:3-33 because the license plate frame on the car's rear license plate "concealed or otherwise obscured" the words "Garden State" at the bottom of the license plate, a warrantless search of the car uncovered an unloaded handgun. The trial court denied defendant's motion to suppress the search and seizure of the handgun, and defendant subsequently pled guilty to second-degree certain persons not to possess a weapon, N.J.S.A. 2C:39-7(b)(1).
In defendant's appeal, the court was asked to decide: (1) whether there was reasonable suspicion to stop defendant's car for violating N.J.S.A. 39:3-33; and (2) whether the subsequent search and seizure of the handgun was legally permissible.
Based upon the common understanding of the words "conceal" and "obscure," this court concludes there was no reasonable suspicion to stop defendant's car for violating N.J.S.A. 39:3-33 where the minimal covering of "Garden State" did not make the words indecipherable. Hence, the seized gun was inadmissible to prove a second-degree certain persons offense.
For the sake of completeness, the court further decides that even if there was reasonable suspicion to stop defendant's car for a N.J.S.A. 39:3-33 violation, the subsequent search was not legally permissible because it did not satisfy the State's proffered exceptions to conduct a warrantless search of an automobile, i.e., a search incident to arrest, or a protective sweep.
Accordingly, the court reverses and vacates the conviction for second-degree certain persons not to possess weapons, and remands so defendant can move to vacate his guilty plea and have the judgment of conviction vacated pursuant to Rule 3:9-3(f).

Get a Power of Attorney to Avoid Expensive Guardianship if Parents are Incapacitated

Get a Power of Attorney to avoid expensive guardianship if parents are incapacitated & Guardianship of Disabled Adults

Kenneth Vercammen’s Office represents persons seeking legal Guardianship of a Parent or Adult Family Member.
Occasionally an individual cannot manage his or her life as a result of a mental or physical disability, alcohol or drug addiction. If a legally prepared power of attorney was signed, a trusted family member, friend or professional can legally act on that persons affairs.
If a Power of Attorney was not signed, your attorney must file a formal complaint and other legal pleadings in the Superior Court to permit the trusted family member, friend or professional to be able to handle financial affairs. It is a very expensive and sad proceeding. More info at
http://www.njlaws.com/guardianship_of...
To avoid having to go Powers of Attorney are generally given by one person to another so that if the grantor of the power becomes ill or incapacitated, the Power of Attorney will permit the holder of it to pay the grantors bills and to handle the grantors affairs during the inability of the grantor to do the same.
A Power of Attorney is an appointment of another person as ones agent. A Power of Attorney creates a principal-agent relationship. The grantor of the Power of Attorney is the principal. The person to whom the Power of Attorney is given is the agent. We give the title attorney-in-fact to the agent who is given a Power of Attorney.
Without a legal Power of Attorney or court ordered guardianship, even a spouse does not have the legal authority to sign their spouse’s signature. If a valid power of attorney is not legally prepared, signed and acknowledged in front of an attorney or notary, it is invalid.
Without a power of attorney, a Guardianship Order and Judgment must be obtained from the Superior Court to permit complete legal decision-making.
According to Disability Law, A Legal Primer published by the New Jersey State Bar Association, A guardian is a person appointed by a court to make financial and personal decisions for a person proven to be legally incompetent. Guardianship Legal Services To Be Provided/Retainer [Legal Fee $2,500] 1. Legal Services To Be Provided. You agree that the Law Firm will represent you in connection with proposed Guardianship for _____________________.

1. Office interview with client, office consult fee is $200.00, 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

Please read our website article to help you understand how guardianships are handled http://www.njlaws.com/guardianship_of... 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.

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 The proposed guardian will need to make arrangements to have two Doctors sign the AFFIDAVIT OF Doctors.

Drug Recognition Evaluation DRE State v Olenowski Court Orders Frye Hearing on Admissibility of DRE

Drug Recognition Evaluation DRE State v Olenowski for a Frye Hearing on admissibility of DRE

The Supreme Court remanded State v Olenowski to a Special Master for a Frye Hearing on the reliability and admissibility of Drug Recognition Evaluation DRE evidence in a DWI under influence of a drug. [DRE= Doesn’t Really Exist] (Judge Lisa who did Cassidy remand)
Sometimes a driver is arrested and charged with a DWI not for alcohol but being under the influence of drugs- either illegal or driving under valid prescription but being under the influence of the prescription.
Drug recognition evaluators /alleged expert (DRE) opinions based on drug influence evaluations (DIEs) are not generally accepted within the scientific community under Frye v. U.S., 293 F. 1013 (D.C. Cir. 1923).
Fellow speaker and NJSBA member John Menzel argued the matter before the court, urging the Supreme court to exclude the DIE evidence in the case and remand the matter for the development of an appropriate foundation before the evidence can be admitted. The brief was written by Menzel, Joshua H. Reinitz, and NJSBA past president Miles S. Winder III.

The Supreme court focused on the question of why a special master should not be appointed to review whether DIEs meet the standards for admissibility, noting competing studies and scholarly writings on the issue, the credibility of which the court cannot evaluate without further hearings.

The case arises from Olenowski’s convictions for driving while intoxicated, which occurred on two separate occasions in the same year. He drew a reading of .04 percent blood alcohol content the first time and a zero percent reading the second, but was visibly impaired, according to the officers who arrested him and the DREs who evaluated him. The trial court upheld the convictions, holding that DRE evidence was “generally acceptable and reliable in the scientific community.” The decision was upheld by the Appellate Division in an unpublished opinion.

In its brief, the NJSBA argued that neither the DIE technique nor the DRE opinion are generally accepted in the scientific community or sufficiently reliable to indicate that Olenowski was driving under the influence. “The NJSBA asks this court to declare the DIE technique and DRE opinion derived therefrom inadmissible for any purpose unless its proponent, the state, lays appropriate foundation,” the NJSBA wrote. “Such a ruling would provide guidance to trial courts and avoid the errors committed in the present case.”

A link to remand order at https://pdfhost.io/v/tg7vKW261_Olenow...

Court Claims Parked Car with Engine Running is Operation and can be DWI....

Court claims parked car with engine running is operation and can be DWI. Attorney seeks Supreme court reversal

State v. Thompson Docket A-1909-19T6
In this appeal, the court held that an intoxicated defendant asleep and behind the wheel of a parked motor vehicle with its engine running is "operating" the vehicle within the meaning of N.J.S.A. 39:4-50(a).
Defendant appealed from his convictions for DUI and refusing to submit to a breath test. Defendant argued that the state failed to present sufficient evidence to prove the statutory element that defendant was "operating" his vehicle under the influence of alcohol or that he had a conscious intent to do so. The court rejected defendant's argument and affirmed his conviction. The court noted that the evidence at trial showed that police were called to a convenience store where defendant was observed sleeping in his car with the engine running. As officers woke defendant, they noticed the strong odor of alcohol on his breath. Defendant acknowledged to officers that he had "a couple of drinks." After failing field sobriety tests, defendant was arrested. At the police station, defendant acknowledged that he had prescriptions for methadone, hydrocodone, Xanax, and Cymbalta and that he had consumed two alcoholic drinks within a three hours period. The court held that this evidence was sufficient for the fact finder to concluded that defendant was intoxicated while sleeping behind the wheel of his vehicle. The court ruled that defendant was "operating" his vehicle since operation of a motor vehicle could include sitting or sleeping behind the wheel of a vehicle with the engine running, even if the vehicle is not observed in motion. Finally, the court found defendant's other contentions on appeal to have insufficient merit to warrant discussion.

Source Daily Briefing, an exclusive New Jersey State Bar Association member benefit, in partnership with the New Jersey Law Journal. Join the NJSBA for this benefit!
https://www.law.com/njlawjournal/almI...

No More License Suspension for Drug Offense in NJ

2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition. a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:

(4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.
Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform no less than 100 hours of community service.
http://www.njlaws.com/marijuana.html?...
Criminal Offense Penalties
Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
Jail 2C: 43- 8 jail 6 month maximum
probation 1-2 year max
community service 180 days maximum
Disorderly- fines: $1,000 Fine maximum under 2C: 43- 3
Plus mandatory costs, VCCO and other penalties
Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, plus usual Probation, drug testing, DNA testing and other penalties. If attorney's Conditional Discharge motion is granted for first time offender. After December 19, no more mandatory driver’s license suspension

NJ Inheritance Tax Three Year Look Back for Gifts and Transfers

NJ inheritance Tax three-year look back for gifts and transfers.

Federal Medicaid has a five year look back.

NJ Inheritance tax has a three-year look back for gifts and transfers. Attorneys can help reduce taxes.

Sometimes your attorney can set up an irrevocable trust to help avoid inheritance tax, but it must be completed three years prior to death. Don't wait until you are ill to do planning. Did you work hard your entire life so up to 15% inheritance imposed if assets going to nephews, cousins or close friends.

NJSA 54 :34-1 Transfers taxable, includes gifts made within three years of death.Except as provided in section 54 :34-4 of this Title, a tax shall be and is hereby imposed at the rates set forth in section 54 :34-2 of this Title upon the transfer of property, real or personal, of the value of $500.00 or over, or of any interest therein or income therefrom, in trust or otherwise, to or for the use of any transferee, distributee or beneficiary in the following cases:

a. Where real or tangible personal property situated in this State or intangible personal property wherever situated is transferred by will or by the intestate laws of this State from a resident of this State dying seized or possessed thereof.
b. Where real or tangible personal property within this State of a decedent not a resident of this State at the time of his death is transferred by will or intestate law.
c. Where real or tangible personal property within this State of a resident of this State or intangible personal property wherever situate of a resident of this State or real or tangible personal property within this State of a nonresident, is transferred by deed, grant, bargain, sale or gift made in contemplation of the death of the grantor, vendor or donor, or intended to take effect in possession or enjoyment at or after such death.
A transfer by deed, grant, bargain, sale or gift made without adequate valuable consideration and within three years prior to the death of the grantor, vendor or donor of a material part of his estate or in the nature of a final disposition or distribution thereof, shall, in the absence of proof to the contrary, be deemed to have been made in contemplation of death within the meaning of subsection c. of this section; but no such transfer made prior to such three-year period shall be deemed or held to have been made in contemplation of death.
d. Where by transfer of a resident decedent of real or tangible personal property within this State or intangible property wherever situate, or by transfer of a nonresident decedent of real or tangible personal property within this State, a transferee, distributee or beneficiary comes into the possession or enjoyment therein of:
(1) An estate in expectancy of any kind or character which is contingent or defeasible, transferred by an instrument taking effect on or after July 4, 1909; or
(2) Property transferred pursuant to a power of appointment contained in an instrument taking effect on or after July 4, 1909.
e. When a decedent appoints or names one or more executors or trustees and bequeaths or devises property to him or them in lieu of commissions or allowances, the transfer of which property would otherwise be taxable, or appoints him or them his residuary legatee or legatees, and the bequest, devise or residuary legacy exceeds what would be reasonable compensation for his or their services, such excess shall be deemed a transfer liable to tax. The Superior Court having jurisdiction in the case, shall determine what is a reasonable compensation.
f. The right of the surviving joint tenant or joint tenants, person or persons, to the immediate ownership or possession and enjoyment of real or personal property held in the joint names of two or more persons, or deposited in banks or other institutions or depositories in the joint names of two or more persons and payable to either or the survivor, excluding, however, the right of a spouse, as a surviving joint tenant with his or her deceased spouse, or the right of a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), as a surviving joint tenant with that person's deceased domestic partner, to the immediate ownership or possession and enjoyment of a membership certificate or stock in a cooperative housing corporation, the ownership of which entitles such member or stockholder to occupy real estate for dwelling purposes as the principal residence of the decedent and spouse or domestic partner, as applicable, shall upon the death of one of such persons, be deemed a transfer taxable in the same manner as though such property had belonged absolutely to the deceased joint tenant or joint depositor and had been devised ...