Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year and is a lecturer for American Bar Association on Estate Planning for Same Sex Couples. He was a speaker at the 2012 ABA Annual Meeting attended by 10,000 attorneys and professionals.
To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or

visit Website www.njlaws.com

Kenneth Vercammen & Associates, P.C.

2053 Woodbridge Avenue - Edison, NJ 08817

(732) 572-0500

Wednesday, April 15, 2015

NJ Laws Newsletter E466


E466  
1.    Organ and Tissue Donation and Transplantation Facts
2.    No home release of wristlet if mandatory 180 jail
3.    April Seminars (Ken Vercammen is the speaker)
4.    Charity Running Races
5.    New YouTube Educational Videos
 
1. Organ and Tissue Donation and Transplantation Facts
Having been a successful college athlete and never skipping a training day over the years, I continued entering road races and attempting to win my age group each weekend. Unfortunately, when I passed age 50 decades of running, karate, volleyball, soccer and working out wore out the cartilage in my knee. I had micro fracture surgery in 2010 to attempt to fix my knee. The knee improved for a short time, but I was back to the hospital. The fine doctors at University Orthopedic advised of a new FDA approved procedure and medical study. I volunteered for this medical study for knee cartilage repair. The knee doctor inserted a cadaver cartilage piece in left knee. The study was funded by Zimmer Pharmaceutical. I am now a recipient of an organ donation. I thank the family of the kind and generous donation of living tissue. I want the family and public to know their decision to donate has changed my life in a very positive way.I will never be winning the races again, but I am happy to run and bike daily. I am now able to run charity 5k races without pain. I urge friends to sign organ donor card and have a Living Will prepared.   

What is National Donate Life Month? Originally a weeklong observance, it was officially recognized as a month-long event every April. The celebration commemorates those who have received or continue to wait for life-saving transplants and honors those who died while waiting.   

I will never be winning the races again, but I am happy to run and bike daily. I am now able to run charity 5k races without pain. I urge friends to sign organ donor card and have a Living Will prepared.What is National Donate Life Month? Originally a weeklong observance, it was officially recognized as a month-long event every April. The celebration commemorates those who have received or continue to wait for life-saving transplants and honors those who died while waiting.
Who can be a donor? People of all ages and medical histories should consider themselves potential donors. Your medical condition at the time of death will determine what organs and tissue can be donated.
Does my religion support organ and tissue donation? Every major religion in the United States supports organ and tissue donation as one of the highest expressions of compassion and generosity.
Is there a cost to be an organ, eye and tissue donor? There is no cost to the donor's family or estate for donation. The donor family pays only for medical expenses before death and costs associated with funeral arrangements.
Does my social and/or financial status play any part in whether or not I will receive an organ if I ever need one? No. When you are on the transplant waiting list for a donor organ, what really counts is the severity of your illness, body size, tissue type, blood type and other important medical information.
Why should I register to be an organ and tissue donor? Organ and tissue transplants offer patients a new chance at healthy, productive, and normal lives and return them to their families, friends and communities. To learn more or to register to become an organ and tissue donor, visit www.NJSharingNetwork.org. Also contact your attorney to have a Living Will/ Advance Directive prepared.


2. No home release or wristlet if mandatory 180 jail.
State v Harris 439 NJ Super. 150 (App. Div. 2015)  
         Following the recent opinion in State v. French, 437 N.J. Super. 333 (App. Div. 2014), the court hold that a defendant convicted of violating either N.J.S.A. 2C:40-26a or N.J.S.A. 2C:40-26b must be sentenced to at least 180 days in jail without parole. French held that a sentence to an in-patient drug rehabilitation program in lieu of jail was an illegal sentence under section 26b. The court concludes that, under section 26a or 26b, a sentence to any other non-custodial alternative program, such as a home detention program (HEDS) or a community service program (CSLS), is likewise illegal. 

3. April Seminars Ken V is speaker:
April 20 Nuts & Bolts of Elder Law & Estate Administration Seminar 2015
April 20 5:00 PM- 9:00 PM NJ Law Center
   Includes a 240 + page book, plus CD with sample forms, documents & checklists! and dinner
Speakers:
-KENNETH A. VERCAMMEN, ESQ. Co-Chair, ABA Estate Planning & Probate Committee, Past GP Solo Section Attorney of the Year
Past NJSBA Municipal Court Practitioner of the Year Edison, NJ
-WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly
-MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury
-ADAM DUBECK, Esq.
$170.00 General Tuition, reduced fee for NJSBA Elder & Disability Law Section 

April 27 Wills & Power of Attorney Seminar
North Brunswick Seniors
at 12:30
North Brunswick Senior Center, 15 Linwood Place, North Brunswick, NJ   08902

April  30 Hot Topics in DWI Atlantic City
Thursday, April 30, 2015
2:15 pm - 3:00 pm
Boardwalk Seminar NJAJ
https://www.nj-justice.org/index.cfm?pg=bwcrim05x

4. Charity Running Races:

4/18/15 Runapoloza Jersey Shore relay & The Asbury Park Half Marathon  
4/19/15 Inspire 5k 9am East Brunswick Community Arts Center, 721 Cranbury Road
4/25/15 JSRC 5k at Bar A
4/26 Franklin Food Bank 62 mile & 40-mile bike 62 Mile Metric Century -   7:30 AM, $45.00 40 Mile 6 Towns of Franklin
http://www.franklinfoodbank.org/events/registra_tour.htm

Saturday, May 2, 8 a.m. 5K, Harvest of Hope 5K, North Brunswick, New Jersey

May 9, 9 a.m. 5K, Brick 5K, Brick, New Jersey

5. New YouTube Educational Videos

If No Probable Cause to Arrest, Search of Person is Improper
https://www.youtube.com/watch?v=eEu1IN63c58

Hire an Attorney to Reduce License Suspensions
https://www.youtube.com/watch?v=tKZ8eZdDl0s

Careless Driving
https://www.youtube.com/watch?v=L89lT2pM24w

Defense of Drug Charges
https://www.youtube.com/watch?v=yRwM2sPG0-U

Criminal Mischief
https://www.youtube.com/watch?v=hUowxLUIkCs

Saturday, March 14, 2015

Gay & Lesbian clients- additional items to discuss at estate planning interview

Gay & Lesbian clients- additional items to discuss at estate planning interview

      In the absence of a Will or other legal arrangement to distribute property at death, an unmarried partner cannot receive any assets and cannot administer the estate. The result can be lengthy delays and other problems. Individuals in gay or lesbian relationships need properly drafted Wills and estate planning documents more than straight persons. The probate laws generally provide if a person dies without a Will, their property goes to family, rather than a partner they had a relationship with for years or decades. Moreover, without a Power of Attorney, they cannot assist a partner who becomes disabled. If there is not a Living Will, marriage or civil unions, many hospitals deny admittance if someone is not a next of kin. The parent of the hospitalized partner may try to ask the hospital to bar the other partner from visiting. We recommend preparation of Wills, Living Wills and Powers of Attorney.
 KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave
Edison, NJ  08817
(Phone) 732-572-0500
(Fax) 732-572-0030
"CONFIDENTIAL WILL QUESTIONNAIRE"
         Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney.
         Please be sure to check all appropriate boxes. If "NONE", please state "NONE". 
If "NOT APPLICABLE", please state "N/A" or none.
PLEASE PRINT CLEARLY
1.      Your Full Name: _____________________________________________

2.    IF MARRIED OR SEPARATED, complete (a) and (b) below:
(a) Spouse's Full Name:

______________________________________________              _________
First                                Last

3.  Your Street Address: ____________________________________      

City _______________________ State ____  Zip Code ______________
             
4.    Telephone Numbers:                

Cell: _______________________________    ________________________
                                                                                      
Day: ____________________/Night: ________________________

5.    E-mail address: _______________________________________

6. Referred By: ___________________________________________
         If referred by a person, is this a client or attorney?  If you heard about the law office on the Internet, what search terms did you use?

7. Today's Date ____________________

       We recommend a Durable Power of Attorney in the event of your physical
or mental disability to help you with financial affairs? 
                                                                           Yes ________  No ________

        We recommend a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo; Karen Quinlan?      
                                                                          Yes ________  No ________
Confidential Will Q                 Rev 2/5/15
How can we help you? What are your questions/other important information?

_______________________________________________________________________

_______________________________________________________________________
[It is required by Court Rules that all pages be filled out in person's own handwriting prior to seeing the attorney]
8.    Your Marital Status:        [  ] Single        [  ]  Married         [  ]  Separated                       [  ] Divorced        [  ]  Widowed  
                                             [  ] Domestic Partner

9.  Your Day/Month  of birth:  ___________________   
                                         

10.  Spouse Day/Month of birth:  _________________   
                                            
11.  If you are the parent or legal guardian of a minor child or minor children, please check here.  [   ]
2.  ESTATE EXECUTOR
         The person charged with administering/Probating your estate, paying taxes and/or other debts, preserving, managing, and distributing estate assets and property is called an Executor. This person should be one in whom you have trust and confidence. Your SPOUSE is usually named as primary Executor, followed by the child who lives closest to your home.
         Please provide the following information about the person you wish to name to serve in this capacity.
1. PRIMARY Choice of Executor/Personal Representative in Power of Attorney:

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

Relationship: _______________  Address: _____________________________
   The two proposed Executors must be filled out prior to meeting the attorney. We do not recommend Joint Executors, which often cause conflicts and additional work for the Estate. It is best to select one primary person, then a secondary person.

Asset Information- Must Be Completed - If none, write “none”

House/Real Estate Address  _________________________________________

Estimate Total Real Estate Value: _____________ Approx mortgage _________

Bank Accounts, Stocks, CDs and Assets: _______________________________

Approximate Amount ______________________________________________

Direct Beneficiaries of Accounts - If none write "none" ____________________

Other Major Assets - If none, write "none" _____________________________

Approximate Life Insurance: _________________    Beneficiary _____________

In the Will- Who do you want to get your assets:

Beneficiary (1) _______________________   Relationship _______________

Beneficiary (2) _______________________   Relationship _______________

Beneficiary (3) _______________________   Relationship _______________
    It is required that assets and beneficiaries be filled out prior to seeing the attorney
Any Specific Bequests of Money and Property:
______________________________________________________________
______________________________________________________________

[  ] A. MARRIED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN).
       Generally most married people provide that, upon their death, property will be distributed as follows:
         1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse.
         2. If your spouse predeceases you, then your estate will be divided in equal shares among all of your living children, If any child shall predecease you, then that child's share to their children (grandchildren).

Names of Children:  ______________________________  Age: _____

_______________________________                              Age: _____

LIST THE NAMES AND AGES OF ALL CHILDREN EVEN IF THEY ARE OLDER THAN EIGHTEEN. IF NO CHILDREN, WRITE NONE. If no  minor children, skip page 5.

III. GUARDIAN(S) OF MINOR CHILD(REN)
       [Skip this section if you have NO minor children and DO NOT want a trust. There are substantial additional fees for preparation of a Trust]
       The surviving parent of a minor child is ordinarily entitled to be the GUARDIAN of that child. In the case of simultaneous death of you and your spouse, or if you are a single parent, you should appoint a Guardian for your minor child. It is advisable, prior to the completion of this Questionnaire, to make sure that your proposed Guardian(s) is (are) willing to serve as Guardian(s). In addition, the Guardian will also hold the monies for the minor children UNLESS you direct us otherwise. In your Will you can have any adult serve as Trustee of monies for minor children.
         Provide the following information about the person(s) you select to be Guardian(s)/Trustee(s). In the event my spouse predeceases me, I name as GUARDIAN(S)/ TRUSTEE(S):

1.  PRIMARY Choice of GUARDIAN / TRUSTEE:

Full Name: _______________________________________

Relationship: ______________________________________

2.   SECOND Choice of GUARDIAN / TRUSTEE:

Full Name: _______________________________________

Relationship: _____________________________________

Are there any beneficiaries with special needs, or receiving SSI or SDD? Please answer in detail
________________________________________
    Are you or any of your Beneficiaries  are not United States citizens? _______
If not US citizen, extra taxes apply.
Do you have any religious wishes on burial? ___
 [  ] B. MARRIED PERSONS WITH NO CHILD(REN) OR GRANDCHILD(REN).
       Generally most married people with no child(ren) or grandchild(ren) provide that upon their death their property will be distributed as follows:
1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse, but
2. If your spouse predeceases you, then your estate will be distributed to your living parent, or equally to your living parents. 
3. But should both of your parents predecease you, then your estate will distributed equally to your brothers and sisters or equally to the children of a predeceased brother or sister.
         Please check B above only if you wish your property distributed precisely and exactly as indicated in section B, 1 through 3, above.
Additional information on Wills, Probate and Elder Law available at www.njlaws.com

[ ] C. DIVORCED OR WIDOWED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN). Generally, most divorced or widowed persons with child(ren) or grandchild(ren) provide that upon their death property will be distributed as follows:  1. Your estate (all property and assets not owned jointly with another person) will be distributed in equal shares to all of your living child(ren).
         2. But if one or more of your children predeceases you, that deceased child's share will be distributed to his or her child(ren), your grandchild(ren) in equal shares

[  ] D. ALTERNATE PLAN OF DISTRIBUTION - You may list specific gifts to individuals and/or divide your estate among several individuals by listing percentages to each, making sure that the percentages total 100%. You may add additional sheets if necessary or use the back of this form.  There are additional Will preparation fees if there are gifts, called specific bequests.
       PLEASE WRITE DOWN ANY QUESTIONS YOU HAVE HERE or anything else important that we should be aware. Use back of this page for additional important information:

______________________________________________________________
______________________________________________________________
ESTATE PLANNING
         Your estate may be subject to NJ Estate Taxation if the total of your assets exceeds $675,000.  If your assets exceed $675,000 and you desire estate planning to avoid or reduce your estate tax or require a Trust to protect a spouse, please advise Mr. Vercammen.  A Standard Will is not designed to address estate tax issues. We do not do Federal Tax Planning or Medicaid Nursing Home Planning.
                  WILLS:
T 1- Parents with minor children and trust for children                 ____________
T 2- Parents no spouse                                                                ____________
T 3- Unmarried                                                                            ____________
T 4- Parents without trust                                                           ____________
T 5- Spouse/ Children Trust if assets over $1 million?                  ____________

         PAYMENT WILL BE MADE BY(Please circle one)
Check, Credit Card (Visa, Mastercard, American Express) or Cash
Checks are payable to Vercammen PC
         Payment is required for Will, Power of Attorney and other document preparation at the first consult and prior to any documents being drafted. Minimum fee for Last Will and Testament preparation is $200 each. We charge a $150.00 consultation fee, which is credited to the preparation of the Will or other document. This $150.00 fee is non-refundable even if the documents are not prepared. If there are any changes to a draft Will, Power of Attorney, or other document, there will be a minimum charge of $75.00 per revision. The Will needs to be signed within 21 days of initial consult or an additional fee of $100.00 will be charged. Due to complexity and need to re-title assets, Fees for Trusts are minimum $2,500.

This form was filled out by:  _________________________
                                                      sign name