Kenneth Vercammen, Esq is Chair of the ABA Estate Planning & Probate Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law.
To schedule a confidential consultation, call

Kenneth Vercammen & Associates, P.C.

2053 Woodbridge Avenue - Edison, NJ 08817

(732) 572-0500 www.njlaws.com

Tuesday, December 1, 2020

"2021 Update-Wills and Estate Planning” January 13, 2021 at 12:15-1:00 PM on Facebook live

 We are offering a Free Program to our Neighbors, friends and any persons who assist with parents and seniors.  We will be having this program on Facebook live. 

      Please join us at the annual Update-Wills and Estate Planning Seminar.

"2021 Update-Wills and Estate Planning” 

January 13, 2021 at 12:15-1:00 PM   

         Program  can be watched on your computer or IPhone via Facebook live

https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985

 

The Program is Free, but we request you bring a canned food donation, which will be given to the St. Matthews’s St. Vincent DePaul Food Bank. 

                                               

                                           Main Topics:

                                     1. Elimination of NJ Estate Tax 

2. Dangers of not having a proper current Will      

3. 2020 changes in Federal Estate and Gift Tax

4. The need for current Power of Attorney      

5.  Living Will & Advance Directive                    

6.  Administering the Estate & Probate

AARP recommends seniors and Home Owners to put their affairs in order. Get your Will done now!

Monday, November 23, 2020

Sandy Hook § 2.34 Disorderly conduct.

 Sandy Hook § 2.34 Disorderly conduct.

Sandy Hook § 2.34 Disorderly conduct.

(a) A person commits disorderly conduct when, with intent to cause public alarm, nuisance, jeopardy or violence, or knowingly or recklessly creating a risk thereof, such person commits any of the following prohibited acts:

(1) Engages in fighting or threatening, or in violent behavior.

(2) Uses language, an utterance, or gesture, or engages in a display or act that is obscene, physically threatening or menacing, or done in a manner that is likely to inflict injury or incite an immediate breach of the peace.

(3) Makes noise that is unreasonable, considering the nature and purpose of the actor's conduct, location, time of day or night, and other factors that would govern the conduct of a reasonably prudent person under the circumstances.

(4) Creates or maintains a hazardous or physically offensive condition.

(b) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.

Federal jurisdiction , including Sandy Hook and National Gateway, Gunnison Beach, Fort Dix, Fort McGuire, Picatinny Arsenal, Naval Station Earle Lakehurst Joint Base McGuire-Dix-Lakehurst

 

Federal DWI in Sandy HookNJ 18 U.S.C.A 13 Laws of States adopted for areas within Federal jurisdiction , including Sandy Hook and National Gateway, Gunnison Beach, Fort Dix, Fort McGuire, Picatinny Arsenal, Naval Station Earle Lakehurst Joint Base McGuire-Dix-Lakehurst

   Federal DWI in Sandy HookNJ 18 U.S.C.A 13 Laws of States adopted for areas within Federal jurisdiction , including Sandy Hook and National Gateway, Gunnison Beach, Fort Dix, Fort McGuire, Picatinny Arsenal, Naval Station Earle Lakehurst Joint Base McGuire-Dix-Lakehurst

 

If charged with a DWI or drug offense at Sandy Hook, the case will be handled in the Federal Magistrate Court, currently in Newark at the Federal Courthouse. A Federal case takes much longer and is more complicated than the typical local Municipal Court case. Ken Vercammen has office has handled drug, DWI and different criminal charges arising out of charges at Sandy Hook. 

Hire an attorney with experience. You would not want a doctor for surgery that you were their first victim.

 

 

DWI Federal 36 C.F.R. 4.23(a) Federal Parks, including Sandy Hook, NJ

 

DWI Federal 36 C.F.R. 4.23(a) Federal Parks, including Sandy Hook, NJ

TITLE 36 - PARKS, FORESTS, AND PUBLIC PROPERTY

 

CHAPTER I - NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

 

PART 4 - VEHICLES AND TRAFFIC SAFETY

 

4.23 - Operating under the influence of alcohol or drugs.

 

(a) Operating or being in actual physical control of a motor vehicle is prohibited while: (1) Under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; or (2) The alcohol concentration in the operator's blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath. Provided however, that if State law that applies to operating a motor vehicle while under the influence of alcohol establishes more restrictive limits of alcohol concentration in the operator's blood or breath, those limits supersede the limits specified in this paragraph.

 

(b) The provisions of paragraph (a) of this section also apply to an operator who is or has been legally entitled to use alcohol or another drug.

 

(c) Tests. (1) At the request or direction of an authorized person who has probable cause to believe that an operator of a motor vehicle within a park area has violated a provision of paragraph (a) of this section, the operator shall submit to one or more tests of the blood, breath, saliva or urine for the purpose of determining blood alcohol and drug content.

 

(2) Refusal by an operator to submit to a test is prohibited and proof of refusal may be admissible in any related judicial proceeding.

 

(3) Any test or tests for the presence of alcohol and drugs shall be determined by and administered at the direction of an authorized person.

 

(4) Any test shall be conducted by using accepted scientific methods and equipment of proven accuracy and reliability operated by personnel certified in its use.

 

(d) Presumptive levels. (1) The results of chemical or other quantitative tests are intended to supplement the elements of probable cause used as the basis for the arrest of an operator charged with a violation of paragraph (a)(1) of this section. If the alcohol concentration in the operator's blood or breath at the time of testing is less than alcohol concentrations specified in paragraph (a)(2) of this section, this fact does not give rise to any presumption that the operator is or is not under the influence of alcohol.

 

(2) The provisions of paragraph (d)(1) of this section are not intended to limit the introduction of any other competent evidence bearing upon the question of whether the operator, at the time of the alleged violation, was under the influence of alcohol, or a drug, or drugs, or any combination thereof.

 

[52 FR 10683, Apr. 2, 1987, as amended at 68 FR 46479, Aug. 6, 2003]

 

(a) Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.

(b)

(1) Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States.

(2)

(A) In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, territory, possession, or district, the punishment for such an offense under this section shall include an additional term of imprisonment of not more than 1 year, or if serious bodily injury of a minor is caused, not more than 5 years, or if death of a minor is caused, not more than 10 years, and an additional fine under this title, or both, if—

(i) a minor (other than the offender) was present in the motor vehicle when the offense was committed; and

(ii) the law of the State, territory, possession, or district in which the offense occurred does not provide an additional term of imprisonment under the circumstances described in clause (i).

(B) For the purposes of subparagraph (A), the term “minor” means a person less than 18 years of age.

(c) Whenever any waters of the territorial sea of the United States lie outside the territory of any State, Commonwealth, territory, possession, or district, such waters (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) shall be deemed, for purposes of subsection (a), to lie within the area of the State, Commonwealth, territory, possession, or district that it would lie within if the boundaries of such State, Commonwealth, territory, possession, or district were extended seaward to the outer limit of the territorial sea of the United States.

 

Assimilative Crimes Act, 18 U.S.C. § 13

 

The US Attorneys Office wrote the Assimilative Crimes Act, 18 U.S.C. § 13, makes state law applicable to conduct occurring on lands reserved or acquired by the Federal government as provided in 18 U.S.C. § 7(3), when the act or omission is not made punishable by an enactment of Congress.

Prosecutions instituted under this statute are not to enforce the laws of the state, but to enforce Federal law, the details of which, instead of being recited, are adopted by reference. In addition to minor violations, the statute has been invoked to cover a number of serious criminal offenses defined by state law such as burglary and embezzlement. However, the Assimilative Crimes Act cannot be used to override other Federal policies as expressed by acts of Congress or by valid administrative orders.

The prospective incorporation of state law was upheld inUnited States v. Sharpnack, 355 U.S. 286 (1957). State law is assimilated only when no "enactment of Congress" covers the conduct. The application of this rule is not always easy. In Williams v. United States, 327 U.S. 711, 717 (1946), prosecution of a sex offense under a state statute with a higher age of consent was held impermissible, but a conviction for a shooting with intent to kill as defined by state law was upheld, despite the similarity of provisions of 18 U.S.C. § 113. Fields v. United States, 438 F.2d 205 (2d Cir.), cert. denied, 403 U.S. 907 (1971); but seeHockenberry v. United States, 422 F.2d 171 (9th Cir. 1970). See alsoUnited States v. Bowers, 660 F.2d 527 (5th Cir. 1981) (child abuse); United States v. Smith, 574 F.2d 988 (9th Cir. 1978)(sodomy). There seems to be a definite trend to construe 18 U.S.C. § 13 liberally to provide complete coverage of criminal conduct within an enclave, even where the offense is generally covered by Federal law. See, e.g.UnitedStates v. Johnson, 967 F.2d 1431 (10th Cir. 1992)(aggravated assault); United States vGriffith, 864 F.2d 421 (6th Cir. 1988)(reckless assault); United States v. Kaufman, 862 F.2d 236 (9th Cir. 1988)(assault); Fesler v. United States, 781 F.2d 384 (5th Cir.), cert. denied, 476 U.S. 1118 (1986)(child abuse).

The Uniform Code of Military Justice (U.C.M.J.), 10 U.S.C. §  801 etseq., because of its unlimited applicability, is not considered an "enactment of Congress" within the meaning of 18 U.S.C. § 13. SeeUnited States v. Walker, 552 F.2d 566 (4th Cir. 1977), cert. denied, 434 U.S. 848 (1977)(drunk driving). See alsoFranklin v. United States, 216 U.S. 559 (1910). Military personnel committing acts on an enclave subject to Federal jurisdiction which are not made an offense by Federal statutes other than the U.C.M.J. may therefore be prosecuted in district court for violations of state law assimilated by 18 U.S.C. § 13, even though they are also subject to court martial. However, dual prosecution, it should be noted, is constitutionally precluded by the Double Jeopardy Clause. SeeGrafton v. United States, 206 U.S. 333 (1907).

Section 13 of Title 18 does not assimilate penal provisions of state regulatory schemes. SeeUnited States v. Marcyes, 557 F.2d 1361 (9th Cir. 1977). Nor does it incorporate state administrative penalties, such as suspension of drivers licenses. SeeUnited States v. Rowe, 599 F.2d 1319 (4th Cir. 1979); United States v. Best, 573 F.2d 1095 (9th Cir. 1978). Section 13(b) allows suspension of licenses within the enclave.

Federal agency regulations, violations of which are made criminal by statute, have been held to preclude assimilation of state law. SeeUnited States v. Adams, 502 F. Supp. 21 (S.D.Fla. 1980)(carrying concealed weapon in federal courthouse); United States v. Woods, 450 F. Supp. 1335 (D.Md. 1978)(drunken driving on parkway). In Adams, 502 F. Supp. 21, the defendant was charged with carrying a concealed weapon in a United States Courthouse in violation of 18 U.S.C. § 13 and the pertinent Florida felony firearms statute. In dismissing the indictment, the Adams court concluded that a General Services Administration (GSA) petty offense weapons regulation (41 C.F.R. § 101-20.313), explicitly provided for by statute, 40 U.S.C. §  318a, amounted to an enactment of Congress within the meaning of 18 U.S.C. §  13 and, therefore, the defendant could not be prosecuted by the assimilation of state law which prohibited the same precise act.

It is important to note, however, that a critical provision of the GSA regulations apparently was not considered in Adams.See41 C.F.R. § 101-20.315 which provides in part:

Nothing in these rules and regulations shall be construed to abrogate any other Federal laws or regulations or any State and local laws and regulations applicable to any area in which the property is situated.

This non-abrogation provision arguably would permit the assimilation of appropriate state firearms laws or other state statutes notwithstanding the existence of the GSA regulations. It appears that this language has never been considered in any reported case. Moreover, no discussion of the meaning of this language appears in the pertinent parts of the Federal Register, 43 Fed.Reg. 29001, July 5, 1978; 41 Fed.Reg. 13378, March 30, 1976. 

We believe it would be reasonable to interpret this non-abrogation provision as permitting the government, in its discretion, to proceed under 18 U.S.C. § 13 and appropriate state firearms laws, rather than under the GSA weapons regulation.

 

Source https://www.justice.gov/usam/criminal-resource-manual-610-deportations-expulsions-or-other-extraordinary-renditions

Sunday, August 16, 2020

What is a Testamentary Trust in a Will

  E598

What is a Testamentary Trust in a Will

The Testamentary Trust in a Will is recommended when you have minor children, or children that cant handle money.

A testamentary trust is a Trust set up inside your  Will 

A regular trust is funded during your lifetime with your assets.

 

A Testamentary Trust in a Will is not funded until you pass away.

 

 

A regular trust costs between $2,500- $4,000 to set up.

 

A Testamentary Trust in a Will is costs approx $500.

 

testamentary trust in a Will (sometimes referred to as a will trust or trust under will) is a trust which arises upon the death of the testator, and which is specified in his or her will.

Testamentary trusts are distinguished from inter vivos trusts, which are created during the settlor's lifetime.

There are four parties involved in a testamentary trust:

·       the person who specifies that the trust be created, usually as a part of his or her will, but it may be set up in abeyance during the person's lifetime. This person may be called the grantor or trustor, but is usually referred to as the settlor;

·       the trustee, whose duty is to carry out the terms of the will. He or she may be named in the will, or may be appointed by the probate court that handles the will;

·       the beneficiary(s), who will receive the benefits of the trust;

·       Although not a party to the trust itself, the probate court is a necessary component of the trust's activity. It oversees the trustee's handling of the trust.

         A testamentary trust is a legal arrangement created as specified in a person's will, and is occasioned by the death of that person. It is created to address any estate accumulated during that person's lifetime or generated as a result of a postmortem lawsuit, such as a settlement in a survival claim, or the proceeds from a life insurance policy held on the settlor. A trust can be created to oversee such assets. A trustee is appointed to direct the trust until a set time when the trust expires, such as when minor beneficiaries reach a specified age or accomplish a deed such as completing a set educational goal or achieving a specified matrimonial status.

         For a testamentary trust, as the settlor is deceased, he or she will generally not have any influence over the trustee's exercise of discretion, although in some jurisdictions it is common for the testator to leave a letter of wishes for the trustee. In practical terms testamentary trusts tend to be driven more by the needs of the beneficiaries (particularly infant beneficiaries) than by tax considerations, which are the usual considerations in inter vivos trusts.

Source https://en.wikipedia.org/wiki/Testamentary_trust

 

Using a Spendthrift Trust in a Will for children with substance abuse issues

spendthrift trust in a Will is one of the best options when estate planning for addicts. There are several forms of this trust a parent can consider, and each has pros and cons. At its most basic, the spendthrift trust enables a parent to put spending authority in the hands of a trustee, or a trusted person who will control the reckless spending of the child. This can prevent them from wasting funds and can prevent them from using funds to purchase drugs.

Spendthrift clauses in trusts are also valuable because a parent can use them to provide necessary funds such as food, clothing, cab fare and shelter to the beneficiary, without allowing them to spend anything else. This enables a parent to offer support, even after a parent are deceased.

Finally, spendthrift clauses typically protect the funds in the estate from creditors. So long as the funds are in the trust, creditors cannot reach them. This is ideal in instances where the child may have to declare bankruptcy due to poor financial decisions while under the influence of drugs or alcohol, has a large amount of debt, or is likely to accrue a large amount of debt. However, once funds are taken out of the trust, they can be garnished by creditors. Creditors include child support, alimony, taxes, Medicaid.

In some cases, a parent may be able to set up a discretionary spendthrift supplementary needs trust, which enables the child to qualify for needs-based government benefits (SSI, Medicaid, housing, SNAP, etc.), while offering the other benefits of the trust.

The best way to set this up is to create a Testamentary Discretionary Trust with a spendthrift clause, which will come into effect after a parent are deceased. Then, the funds will be moved into trust and spending will be controlled by the trustee for the benefit of the child (the beneficiary). Source https://beginningstreatment.com/estate-planning-for-addicts/

N.J.S.A. 3B:31-38 Discretionary Trusts

N.J.S.A. 3B:31-68 Discretionary Powers

Originally drafted by one of NJ’s top attorneys Glenn A. Henkel, also a past great Wrestler at St. Thomas Bishop Ahr High School Edison with Ken V on wrestling team

Tuesday, May 12, 2020

Woodbridge Library Wills, Estate Planning & Probate Seminar June 15,

 Woodbridge Library
Wills, Estate Planning & Probate Seminar
  June 15, 2020 at 7pm Monday Live on Zoom
WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND MAKE PLANNING EASY Free program open to the public, you do not need to be a Township resident to attend. 
SPEAKER: Kenneth Vercammen, Esq. Edison, NJ (Author- Wills and Estate Administration by the ABA)
Main Topics:
1. NJ Estate Tax eliminated
2. The 2020 changes in Federal Estate and Gift Tax 
3. Power of Attorneys recommendations 
4. Living Will & Advance Directive 
5. Administering the Estate/ Probate/Surrogate
6. Avoiding unnecessary expenses and saving your family money

COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
     Contact the Library for details on how to watch on your computer or IPad for free using Zoom
Woodbridge Public Library
1 George Frederick Plaza
Woodbridge NJ 07095 
732-634-4450

Can’t attend?  We can email you materials Send email to VercammenLaw@Njlaws.com

  Free Will Seminars and Speakers Bureau for Groups
SPEAKERS BUREAU
         At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates.  We have attorneys available to speak to businesspersons, educational, civic and social organizations on a wide range of topics during business hours. If your organization in Central NJ would like to schedule a Will & Estates seminar, call Kenneth Vercammen’s Law Office at 732-572-0500 or email Vercammenlaw@njlaws.com

     10 years ago the AARP Network Attorneys of the Edison/Metuchen/Woodbridge area several years ago established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. Now, Ken Vercammen, Esq. and volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups 
Details on free programs available

     These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available: 
1. WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND 
MAKE PLANNING EASY 
2. POWER OF ATTORNEY to permit family to pay your bills if you are temporarily disabled and permit doctors to talk with family 
       All instructors are licensed attorneys who have been in practice at least 25 years. All instructors are members of the American Bar Association, New Jersey 
State Bar Association, and Middlesex County Bar Association. All programs include free written materials. 

       You don't have to be wealthy or near death to do some thinking about a Will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law. 

      Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy)?; Mechanics of a Will; "Living Will"; Powers of Attorney; Selecting an executor, trustee, and guardian; Proper Will execution; Inheritance Taxes, Estate Taxes $14,000 annual gift tax exclusion,  Bequests to charity, Why you need a "Self-Proving" Will and Estate Administration/ Probate.

       Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights. 

SPEAKERS BUREAU 

At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates. We have attorneys available to speak to businesspersons, educational, civic and social organizations on a wide range of topics during business hours.

In today's complex world, few people can function successfully and safely without competent legal advice. In order to insure your estate plans are legally set up, you need to know exactly where you stand so that you can avoid possibly catastrophic mistakes impacting both you and your family. 

About the speaker: Kenneth A. Vercammen is a trial attorney in Edison, NJ. We is the author of the American Bar Association’s book “Wills and Estate Administration”
He is co-chair of the ABA Probate & Estate Planning Law Committee of the American Bar Association Solo Small Firm Division.  He is a speaker for the NJ State Bar Association at the annual Nuts & Bolts of Elder Law & Estate Administration program. 
He was Editor of the ABA Estate Planning Probate Committee Newsletter. Mr. Vercammen has published over 150 legal articles in national and New Jersey publications on litigation, elder law, probate and trial topics. He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He established the NJlaws website www.njlaws.comwhich includes many articles on Estate Planning, Probate and Wills. He is a member of the AARP and often lectures to groups on the importance of an up to date Will, Power of Attorney and Living Will.
 KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
 (Fax)    732-572-0030
www.njlaws.com 

 

Sunday, April 12, 2020

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

Kenneth Vercammen’s Law Office new Will preparation online without having to travel to law office and follow up consults over phone & online. 

   To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well being.
1. For Wills, Power of Attorney, Living Wills, 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 pay by credit card online or payment confirmed from PayPal, 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. The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

Saturday, March 7, 2020

North Brunswick Public LibrarySeminar: Remove & Expungement of Criminal Arrests and Convictions –Free Seminar

North Brunswick Public LibrarySeminar: Remove & Expungement of Criminal Arrests and Convictions –Free Seminar    
March 10at 7pm-8pm
North Brunswick Public Library
880 Hermann Rd.
North Brunswick, NJ 08902
732-246-3545
https://northbrunswicklibrary.org/all-events
https://www.facebook.com/events/177339416919832/             COST: Free if you pre-register.Complimentary materials provided.   Please bring a canned food donation, which will be given to an Edison Bank. Please email us if you plan on attending or if you would like us to email the materials.

SPEAKERS: Kenneth Vercammen, Esq. & Allan Marain, Esq.          (Ken V Author- Criminal Law Forms by the American Bar Association and Defending DWI and Drug Cases NJ State Bar)         
(Allan Marainis a trustee, and chairs the Expungement Committee of the Association of Criminal Defense Lawyers of New Jersey.  He is also a past chair of New Jersey Bar Criminal Law Section."

    The February expungement seminar    The NJ statute on expungement was revised in a law signed 12/18/19.  If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed or received a Conditional Discharge. Under NJ Law past criminal arrests and convictions can be expunged/ erased easier under certain instances. This program will discuss the expungement process. Allan Marain is past chair of Criminal Law Section of the New Jersey State Bar Association. Ken V served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone’s ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement?
https://www.facebook.com/events/2585351315056303
Can’t attend?  We can email you materials
Send email to VercammenLaw@Njlaws.com

       More info: For more serious charges The Petition for expungement is filed in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal case is finished. For someone who had a drug charge, they can hire an attorney apply for Expungement 6 months after the Conditional Discharge is complete. The statute requires detailed notices served by the attorney on the State Police, Attorney General and numerous other government entities.

         Typical Court costs and Legal fees for expungement range from $1,500-$2,500.
Kenneth Vercammenis an Edison, Middlesex County, NJ trial attorney where he  handles Criminal, Municipal Court, Probate, Civil Litigation and Estate Administration matters. Ken is author of the American Bar Association's new book “Criminal Law Forms” and often lectures to trial lawyers of the American Bar Association, NJ State Bar Association and Middlesex County Bar Association.  As the Past Chair of  the Municipal Court Section he has served on its board for 10 years.  
Awarded the Municipal Court Attorney of the Year by both the NJSBA and Middlesex County Bar Association, he also received the NJSBA- YLD Service to the Bar Award and the General Practitioner Attorney of the Year, now Solo Attorney of the Year.
Ken Vercammen is a highly regarded lecturer on both Municipal Court/ DWI and Estate/ Probate Law issues for the NJICLE- New Jersey State Bar Association, American Bar Association, and Middlesex County Bar Association. His articles have been published by NJ Law Journal, ABA Law Practice Management Magazine, YLD Dictum, GP Gazette and New Jersey Lawyer magazine.  He was a speaker at the 2013 ABA Annual meeting program “Handling the Criminal Misdemeanor and Traffic Case” and serves as is the Editor in Chief of the NJ Municipal Court Law Review. 
         For nine years he served as the Cranbury Township Prosecutor and also was a Special Acting Prosecutor in nine different towns. Ken has successfully handled over one thousand Municipal Court and Superior Court matters in the past 27 years. 
His private practice has devoted a substantial portion of professional time to the preparation and trial of litigated matters. Appearing in Courts throughout New Jersey several times each week on Criminal and Municipal Court trials, civil and contested Probate hearings.  Ken also serves as the Editor of the popular legal website and related blogs. In Law School he was a member of the Law Review, winner of the ATLA trial competition and top ten in class.
         Throughout his career he has served the NJSBA in many leadership and volunteer positions. Ken has testified for the NJSBA before the Senate Judiciary Committee to support changes in the DWI law to permit restricted use driver license and interlock legislation. Ken also testified before the Assembly Judiciary Committee in favor of the first-time criminal offender “Conditional Dismissal” legislation that permits dismissal of some criminal charges. He is the voice of the Solo and Small firm attorneys who juggle active court practice with bar and community activities. In his private life he has been a member of the NJ State champion Raritan Valley Road Runners master’s team and is a 4thdegree black belt. 
KENNETH VERCAMMEN
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500


Wednesday, January 29, 2020

VOLUNTEER INTERN WANTED – Asst Editor of NJ State Bar & ABA Books & Newsletters & Marketing Projects

 VOLUNTEER INTERN WANTED – Asst Editor of NJ State Bar & ABA Books & Newsletters & Marketing Projects
       We are assisting the NJ Bar Association & ABA re-write three well received books which help new & young lawyers and lawyers in transitional practice [ex- lost job in recession or law firm closed. We need a volunteer to help editor and do research on the books.
ABA Books to be updated:
Wills and Estate Administration” American Bar Association2015 90% of the net profits go to the ABA and ABE American Bar Endowment

“Criminal Law Forms” American Bar Association 2013  500+ pages

“Smart Marketing For the Small Firm Lawyer” American Bar Association 2014  156 pages plus 700 pages on CD

       You do not have to be a current student but must be able to be in Edison, NJ a minimum of ten hours per week.
  You will be included in the book’s Forward for recognition of your work and will have a valuable addition to your resume.
    Mail or fax cover letter and resume. Do not email.
Kenneth Vercammen Esq. Author
 2053 Woodbridge Ave.
Edison, NJ 08817       
PHONE  732-572-0500           
(Fax)  732-572-0030
            
      Other possible Duties 
-Update all chapters of prior books
- Review and Revise Legal and Consumer Law Articles for Grammar and Punctuation
- Work as Assistant Editor of the New Jersey Municipal Court Law Review, which is distributed, for free to area Police, Judges, Prosecutors and other New Jersey professionals
- Prepare Correspondence to websites and New Jersey Media with Revised Articles
- Provide copies of published articles to 
- Assist in Marketing projects
- Type Rough Draft Articles 
- Gain some legal and publication experience 
- Part-time volunteer, 10 hours per week required 
- Fall and Spring Semesters available  
         This is an excellent opportunity to gain valuable experience as a volunteer intern and learn. Build your resume and obtain marketable skills. Volunteers will be also invited to attend our NJ public events plus meet and network with the participants. Volunteers may also attend the ABA New York City meeting of the ABA Estate Planning, Probate & Trust Committee in May, 2019. Participants also may attend the summerThe Annual Summer Networking Happy Hour is July 12, 2019 at Bar Anticipation 
              Editor  Kenneth A. Vercammen, Esq.
       Author of  125 Legal Articles  
Fall & Spring interns are required to work between 10-21 hours per week between Monday and Friday, time and days to be selected by the student. Participants must adhere to days and hours selected and make up missed days. The legal interns must work a minimum of 12 weeks.  Longer hours or weeks permitted. [Summer internship is minimum 18 hours per week, 12 weeks- college graduates and Law students only]  Interested students must mail or fax a cover letter and resume.
        For additional information on the Law Office, please visit the website at www.njlaws.com.   This office is committed to excellence and service to clients and the community. Applicants must  have attention to detail. Additional information on internship at http://www.njlaws.com/intern.html

   By Kenneth Vercammen, Esq.
Straightforward and to-the-point, Wills and Estate Administration provides step-by-step guidance that firms can use to handle all aspects of an estates practice, from initial client intake to closing the file. Topics are defined in six parts for ease of use:
   Preparation for Wills/Estate Planning Interviews
   Interviewing Clients
   Additional Estate Planning Issues
   Estate Administration
   Guardianship of Disabled or Incompetent Parents
   Marketing Your Wills and Estate Administration Practice
    Making this an essential resource for solo and small firm practitioners, the author includes numerous forms for each topic, and they are also available for download online. The book is basic and written to help new and transitional attorneys. In addition, tips on practice management will help seasoned attorneys.

Author:Kenneth A VercammenEdison, NJ
Publisher:American Bar Association  ABA Book Publishing
   List Price: $79.95

ABA Price:$69.95
ISBN: 978-1-63425-380-2
Product Code: 5150484
2015, 290 pages, 7 x 10, Paperback
American Bar Association  Service Hotline
 800-285-2221
312-988-5000

  Sample chapter available http://shop.americanbar.org

"Have just finished Ken Vercammen's excellent book on Wills, Estate Administration, and Guardianship. It is a very practical book that examines the business of an estate and trust practice. This step-by-step analysis is complete with forms and helps even the seasoned practitioner streamline his practice."
-Thomas D. Begley, Jr., Esq., Begley Law Office, NJ

About the Author: Kenneth A. Vercammen is a trial attorney in Edison, NJ. He is co-chair of the ABA Probate & Estate Planning Law Committee of the American Bar Association Solo Small Firm Division.  The is the author of the ABA book “Wills and Estate Administration, available at http://shop.americanbar.org/.”
He is a speaker for the NJ State Bar Association at the annual Nuts & Bolts of Elder Law & Estate Administration program.  
He was Editor of the ABA Estate Planning Probate Committee Newsletter. Mr. Vercammen has published over 150 legal articles in national and New Jersey publications on Wills, litigation, estates, probate law and trial topics. He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He established the NJlaws website www.njlaws.comwhich includes many articles on Estate Planning, Probate and Wills.
KENNETH  VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
 (Fax)    732-572-0030
www.njlaws.com 
http://www.njwillsprobatelaw.com

Table of Contents ABA’s book “Wills and Estate Administration” 

Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ix
Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xi
PART 1
Preparation for Wills/Estate Planning Interviews . . . . . . . . . . 1
Handling Telephone Calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Initial Responses to Calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Calls from New Clients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Subject Matter of Calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Reminder Calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Telephone Consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Rejected Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Referrals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Estate Planning Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Exhibit 1-1: Will Appointment Cover Letter . . . . . . . . . . 7
Exhibit 1-2: Estate Planning Appointment Cover
Letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Exhibit 1-3: New Client Cover Letter . . . . . . . . . . . . . . 11
Exhibit 1-4: New Client Questionnaire . . . . . . . . . . . . . 12
Exhibit 1-5: Confidential Will Questionnaire . . . . . . . . 14
Exhibit 1-6: Estate Planning Questionnaire . . . . . . . . . . 21
Exhibit 1-7: Power of Attorney Questionnaire . . . . . . . 26
Exhibit 1-8: Will Estate Planning Consult Bill . . . . . . . 29
Exhibit 1-9: Agreement to Provide Estate Planning
Legal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 2
Interviewing Clients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Initial Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Wills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Importance of Wills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Will Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Will Clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
IV Wills and Estate Administration
Preparing Drafts of Estate Planning Documents . . . . . . . . . 40
Guardianship of Children . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Need for Periodic Review . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Cost Reductions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Revisions in Wills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Children from Prior Marriages . . . . . . . . . . . . . . . . . . . . . . . 43
Separated or Divorced Persons . . . . . . . . . . . . . . . . . . . . . . . 44
Gay and Lesbian Clients . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Referring Cases Out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Explaining Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Will Preparation Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Importance of Power of Attorney . . . . . . . . . . . . . . . . . . . . . 50
Gift-Giving Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Going into Effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Living Wills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Statute Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Health Care Representative . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Advance Directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Organ Donor Option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Estate Planning for Alzheimer’s Patients . . . . . . . . . . . . . . . 62
The Missing Client—Be Wary . . . . . . . . . . . . . . . . . . . . . . . . 63
Tax Matters and Credit Shelter Trust Preparations . . . . . . . . . . . 64
What Is a Credit Shelter Trust? . . . . . . . . . . . . . . . . . . . . . . . 65
State Estate Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Document Signings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Wills Signings Outside Office . . . . . . . . . . . . . . . . . . . . . . . . 73
Follow-up after Signing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Newsletter to Clients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Referrals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Uniform Probate Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Exhibit 2-1: Will—Husband to Wife with Trust for
Minor Children and Guardians Selection . . . . . . . . 83
Exhibit 2-2: Will—Widow/Widower Spouse with
Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Exhibit 2-3: Will—Unmarried Couple with No
Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Exhibit 2-4: Will—Basic to Spouse and Children
with No Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Contents v
Exhibit 2-5: Will—Unified Credit Trust to Reduce
Estate Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Exhibit 2-6: Will Revision Services Bill . . . . . . . . . . . . 99
Exhibit 2-7: Codicil to Will . . . . . . . . . . . . . . . . . . . . . . 101
Exhibit 2-8: Will Services Bill . . . . . . . . . . . . . . . . . . . . 105
Exhibit 2-9: General Durable Power of Attorney
Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Exhibit 2-10: Revocation of Previous Wills and
Powers of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . 113
Exhibit 2-11: Living Will and Durable Power of
Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Exhibit 2-12: Power of Attorney Taking Effect . . . . . 119
Exhibit 2-13: Will Draft Letter . . . . . . . . . . . . . . . . . . . 121
Exhibit 2-14: Will Signings Outside Office . . . . . . . . . 123
Exhibit 2-15: Post-Will Signing Letter to Clients . . . . 125
Exhibit 2-16: Client End-of-Case Questionnaire . . . . 128
Exhibit 2-17: Brochure Request Letter . . . . . . . . . . . . 131
Exhibit 2-18: Referral Thank You . . . . . . . . . . . . . . . . 133
PART 3
Additional Estate Planning Issues . . . . . . . . . . . . . . . . . . . . . . 135
Preparation of Letters of Instruction . . . . . . . . . . . . . . . . . . . . . 135
Content of Letters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Confidentiality of Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Practitioner Orders for Life-Sustaining Treatment . . . . . . . 138
Patient Information Disclosure . . . . . . . . . . . . . . . . . . . . . . 138
Prenuptial Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Problems of Probate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Revocable Living Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Transferring Property into the Trust . . . . . . . . . . . . . . . . . . 145
Irrevocable Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Marital Tax Deductions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Special Needs Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Qualified Terminable Interest Property Trust . . . . . . . . . . . 148
Medicaid Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Impact of Divorce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
Medicaid Spend-Down and the Mentally Incompetent . . 151
Long-Term Care Expenses . . . . . . . . . . . . . . . . . . . . . . . . . 151
Questions to Ask about Long-Term Coverage . . . . . . . . . 152
VI Wills and Estate Administration
Signing House Over to Children . . . . . . . . . . . . . . . . . . . . . 153
Providing for Pets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
Unexpected Illness/Disability . . . . . . . . . . . . . . . . . . . . . . . 154
Exhibit 3-1: Letter of Last Instructions . . . . . . . . . . . . 156
Exhibit 3-2: Confidentiality of Files/Requests for
Copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
Exhibit 3-3: Acknowledgment of Receipt of
Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Exhibit 3-4: HIPAA Authorization to Disclose
Patient Information . . . . . . . . . . . . . . . . . . . . . . . . . 165
Exhibit 3-5: Irrevocable Trust [Wife to Husband] . . . 167
PART 4
Estate Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
Filing a Probate Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
Qualifying the Executor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
Probate Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
Inheritance Renunciation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
Assets That Do Not Pass under a Will . . . . . . . . . . . . . . . . . . . . 185
Tax Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
Finalizing the Estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
Testamentary Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
Consulting Fees for Probate Issues . . . . . . . . . . . . . . . . . . . . . . 189
Intestacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
Elective Share of Spouse . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Undue Influence Challenge . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Caveat to Will . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
Removing an Executor of an Estate . . . . . . . . . . . . . . . . . . 199
Complaint for Accounting . . . . . . . . . . . . . . . . . . . . . . . . . . 199
Executor’s Commissions . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
Unsold Real Estate and Other Property . . . . . . . . . . . . . . . 200
Exhibit 4-1: Condolence/Will Revision Letter . . . . . . 202
Exhibit 4-2: Probate/Inheritance/Estate
Administration Questionnaire . . . . . . . . . . . . . . . . 203
Exhibit 4-3: Retainer Cover Letter . . . . . . . . . . . . . . . . 209
Exhibit 4-4: Agreement to Provide Probate Legal
Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
Exhibit 4-5: Executor Duties . . . . . . . . . . . . . . . . . . . . 214
Contents vii
Exhibit 4-6: Notice of Probate . . . . . . . . . . . . . . . . . . . 218
Exhibit 4-7: Certificate of Mailing . . . . . . . . . . . . . . . . 221
Exhibit 4-8: Transfer Inheritance Tax Bureau
Letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
Exhibit 4-9: Release and Refunding Bond
Letter/Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
Exhibit 4-10: Real Estate Waiver Filing . . . . . . . . . . . . 228
Exhibit 4-11: Agreement to Provide Legal
Services—Probate . . . . . . . . . . . . . . . . . . . . . . . . . . 229
Exhibit 4-12: Will/Estate Consultation Bill . . . . . . . . . 231
Exhibit 4-13: Renunciation for Administration . . . . . . 232
Exhibit 4-14: Complaint to Remove Executor,
Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
Exhibit 4-15: Complaint to Replace Executor . . . . . . 245
PART 5
Guardianship of Disabled or Incompetent Parents . . . . . . . 249
Exhibit 5-1: Guardianship Interview Form . . . . . . . . . 252
Exhibit 5-2: Guardianship Legal Services Fees . . . . . 257
Exhibit 5-3: Complaint for Guardianship . . . . . . . . . . 260
Exhibit 5-4: Affidavit of Next of Kin . . . . . . . . . . . . . . 261
Exhibit 5-5: Letters to Doctors to Be Delivered
by Client . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
Exhibit 5-6: Affidavit of Doctor 1 . . . . . . . . . . . . . . . . 263
PART 6
Marketing Your Wills and Estate Administration
Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
Seminars Sponsored by Community Organizations . . . . . . . . 265
Hosting Seminars in Your Office . . . . . . . . . . . . . . . . . . . . . . . . 265
Seminar Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
Seminar Preparation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
American Association of Retired Persons Membership . . . . . 267
Happy Hour Networking with Professionals . . . . . . . . . . . . . . 267
Marketing via Websites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
Setting up a Blog on Wills and Probate for Free . . . . . . . . 268
Gift Certificates for Services . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
Maintaining Client Contact . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
viii Wills and Estate Administration
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
Exhibit 6-1: Sample Letter to Senior Groups . . . . . . . 271
Exhibit 6-2: Confirm Will Seminar . . . . . . . . . . . . . . . . 273
Exhibit 6-3: Sample Flyer for Will Seminar . . . . . . . . 275
Exhibit 6-4: Items to Bring to Wills and Elder Law
Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276
Exhibit 6-5: Law Office Seminar Promotional
Flyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
Exhibit 6-6: Wills and Estate Administration
Seminar Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . 278
About the Author . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279