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

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

Sunday, January 4, 2015

Arrested for dwi DUI? Pretrial Motions 1. Jury Trial 2. Punishment 3. Vagueness 4. Suppress Evidence 5. Miranda/Privilege 6. Test Ampoules 7. Exclude Breath Tests 8. Discovery 9. Reciprocal Discovery 10. Speedy Trial 11. Notice of Objection

Arrested for DUI?
Pretrial Motions                
1. Jury Trial
2. Punishment
3. Vagueness
4. Suppress Evidence
5. Miranda/Privilege
6. Test Ampoules
7. Exclude Breath Tests
8. Discovery
9. Reciprocal Discovery
10. Speedy Trial
11. Notice of Objection

Post Disposition motions
     12. Enhanced Penalties
     13. Protective Order
     14. Stay


PRE‑TRIAL MOTIONS

        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. Jury Trial. Defendant will move for trial by jury. Blanton v. North Las Vegas, 109 S.Ct. 1289, l03 L.Ed.2d 550 (1989).

2. Punishment. Defendant will move to dismiss the 39:4‑50 complaint because statutory punishments are cruel unusual in that they are disproportionate to a motor vehicle violation and contrary to US Constitutional. (Amendments VIII and XIV N.J. Const. Art. 1, para. 1'. See Gregg v. Georgia, 428 U.S. 96 S.Ct. 2909. 49 L.Ed.2d 859 (1976); State v. Smith, 58 N.J (1971).

3.  Vagueness. Defendant will move to dismiss the 39:4‑50 complaint because the statute, at least as to the so-called "per se" violation, is vague and contrary to U.S.  Amends. V, VI, IX, and XIV, and N.J. Const. Art.1, paras.1, 5, See Kolender v. Lawson, 461 US. 352, 103 S.Ct. 18S 903 (1983).

4. 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.

5. 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, 16 L.Ed.2d 694 (1966), and its progeny.

6. Test Ampoule. If police used a breath testing instrument in this case, Defendant will move to either dismiss the N.J.S. 39:4‑50 complaint or exclude evidence of breath test results because the State destroyed material relevant evidence‑‑i.e., test ampoules used in Defendant's breath tests‑‑contrary to U.S. Const. Amends. V, VI, IX, and XIV, and N.J. Const. Art.l, paras.1, 10, and 21.

7. 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

8. Discovery. 8.1. 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) (Effective February 1. 1998), the Right to Know Law NJSA 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).

8.2. 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.

9. Reciprocal Discovery. 9.1. Defendant may call certain fact witnesses to testify, inter alia, that:

a) they have known Defendant, b) they saw Defendant before or after police saw Defendant, c) Defendant was not under the influence of alcohol and was to operate a motor vehicle, d) there was no unexplained motor vehicle operation, and e) there was no articulable suspicion that Defendant had violated the law. The witnesses will  be named following/ after  the state provides complete discovery as set forth on Schedule A.

Defendant may call the following experts to testify, inter alia, about each breath testing instrument ["BTI"] or other analytical device ["AD"] used to test substances seized from Defendant:

a) BTI/AD was not approved, b) analysis method was not approved, c) BTI/AD used is scientifically unreliable, d) analysis method was scientifically unreliable, e) BTI/AD components were not properly inspected, f) BTI ampoules did not contain chemicals of proper quality or quantity to give reliable readings, g) BTI/AD was not properly inspected, h) BTI/AD operator was not properly qualified, i) test conditions, such as temperature and atmospheric pressure, at time of analysis and inspection were not proper, j) BTI/AD inspections were not properly periodic or blanked, k) BTI/AD was not properly inspected for RFI, l) Defendant could not have given them m) BTI/AD test records were not properly used, n) BTI ampoules were not properly gauged, o) BTI/AD operation was not proper, and q) analytical tests were not done within a reasonable time of Defendant's alleged motor vehicle operation.

Expert  Dr. Richard Saperstein,  and/or Others to be provided if and when retained following receipt of the state's expert.

9.2. Defendant may use demonstrative and documentary evidence, which the State may inspect and copy or photograph after paying reasonable expenses therefor: a) photographs c) video e) maps g) pharmacy records h) films d) diagrams f) medical/hospital h) weather records

10. Speedy Trial. Defendant demands a speedy trial pursuant to U.S. Const. Amend. VI and N.J. Const. Art.1, para.10.

11. 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.

POST‑DISPOSITION MOTIONS

12. Enhanced Penalties. If defendant is a subsequent offender under either N.J.S. 39:3‑40, 4‑50, 4‑50.2, 4‑96, 6B‑2, or other statute, Defendant may move to exclude use of prior convictions to enhance penalties pursuant to these statutes on grounds to be determined after further investigation.

13. Protective Order. If Defendant pleads guilty to any charge captioned above, Defendant will move that such plea shall not be evidential in any civil proceeding.

                         

Fighting a DWI DUI Driving Under Influence
Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. Our office helps people with traffic/municipal court tickets throughout New Jersey, including drivers charged with DUI/DWI and refusal. Driving Under Influence and other Motor vehicle violations can cost you.
You will have to pay fines in court, or receive points on your driver's license. A conviction will require you to pay expensive surcharges to the N.J. MVC [Division of Motor Vehicles] and have your license suspended. In New Jersey, the Judge does not have to rule that you were drunk.
The prosecutor only needs to prove a driver was under the influence of alcohol. Don't give up! The Law Office of Kenneth Vercammen offers information and can provide experienced attorney representation for Driving Under Influence and other Motor vehicle violations. When your driver's license is in jeopardy, or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Please schedule an appointment if you need experienced legal representation in a traffic/municipal court matter. Our website njlaws.com provides information on traffic offenses of which we can be retained to represent people. Our website also provides details on jail terms for Driving Under Influence and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.
In New Jersey Driving Under Influence (DUI) and Driving While Intoxicated (DWI) are the same charge.
      Due process requires the State disclose evidence that is material to either guilt or punishment; indeed, the prosecution has a constitutional duty to turn over exculpatory evidence that would raise reasonable doubt about a defendant's guilt. See Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), United States v. Agurs, 427 U.S. 97, 98 S.Ct. 2392, 49 L.Ed. 2d 342 (1976). A wide variety of materials in the State's possession could constitute exculpatory information to which a defendant is entitled. Ford, supra at 52
      A demand for discovery has been served upon the prosecutor who has the responsibility to answer. State v. Tull, 234 N.J. Super. 486, 494 (Law Div. 1989). A defendant's right to discovery is not dependent upon an appraisal of the beneficial value of the material sought to be discovered. State v. Polito, 116 N.J. Super. 552 (App. Div. 1977), Ford, supra at 51). Thus, a prosecutor is expected to act reasonably when responding to a discovery demand. Tull, supra at 496. The prosecutor may not refuse a discovery demand simply because the information or materials sought are not in the municipal offices or within easy reach. Id. at 495. The municipal prosecutor cannot refuse production on the ground that the requested information is not known by the prosecutor personally to be in existence when its existence is either common knowledge of the police department or when the knowledge could be obtained by reasonable inquiry. Id. at 500.  
     The municipal prosecutor must either object to what the prosecutor perceives to be irrelevant discovery requests, or respond within 10 days of the receipt of the defendant's request for discovery. Ford supra at 51; see Tull, supra at 500. The municipal prosecutor may be sanctioned for failing to provide discovery. R.3:13_; see State v. Audette, 201 N.J. Super. 410 (App. Div. 1985) State v. Polasky, 216 N.J. Super. 549 (Law Div. 1986). A defendant who believes the State has not supplied relevant materials reasonably required for the defense may give notice to the State and the court prior to the date set for commencement of trial where possible. Ford, supra at 52. Information relating to prerequisite conditions establishing reliability is highly relevant, Ford, supra at 52, and extremely material. Id. at 51. Thus, information concerning conditions under which tests were held, the machine operator's competence, the particular machine's state of repair and identification, and documentation of the ampoule used for defendant's breath tests are all relevant inquiries. Id.
Conclusion
      If charged with Driving While Intoxicated, immediately schedule an in-office appointment with a trial attorney. Don't rely on a real estate attorney, public defender or a family member who simply attended law school. When your driving privileges and ability to drive to work is on the line, hire an experienced attorney.
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030
TRIAL AND LITIGATION EXPERIENCE In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He appears in Courts throughout New Jersey several times each week on many personal injury matters, Criminal and Municipal/ traffic Court trials, Probate hearings, and contested administrative law hearings.