Gay & Lesbian Legal Update

Professionals are invited to Ken Vercammen’s Christmas Party and Holiday Social Friday, December 2

2011-11-20T14:07:00.000-08:00

Professionals are invited to Ken Vercammen’s Christmas Party and Holiday Social

Friday, December 2 · 5:00pm - 7:00pm

Bar Anticipation “Where summer never ends”

703 16th Avenue

Lake Como/ Belmar, NJ 07719

Free for invited guests and their friends

5-8 Hot & Cold Buffet with carving station

$1.00 Drafts 6-7 [need special wrist band from Ken V]

We are in the back room past the stage, called the Mahogany Room, near the outdoor bar. If attending email Ken’s Law Office so we can put your name on the list for wristbands VercammenLaw@Njlaws.com

Bring a canned food donation for the St. James Food Bank Hands of Hope. Meet the "SuperLawyers" of NJ.

Free gifts. The following will be given out:

Coffee Travel Mugs

Yellow T-Shirt "My attorney fights to win"

Can Coozies /Water Bottle/ Stadium Cup/ Magnet clip

Band-Aid holders/ Candy/ breath mints/ Fish cards

More details at http://www.facebook.com/event.php?eid=175941519154087

Quick Reference Chart For Determining The Immigration Consequences of Selected New Jersey Criminal Offenses1

2011-05-19T07:22:00.001-07:00

Quick Reference Chart For Determining The Immigration Consequences of Selected New Jersey Criminal Offenses1

Abbreviations and Notes:

Degree of Intent Degree of Harm Other Abbreviations

K=knowing(ly) P=purpose(ly) N=negligent(ly) R=reckless( ly)

BI=bodily injury SBI=serious bodily injury

CDS=controlled dangerous substance DW=deadly weapon MV=motor vehicle

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

INCHOATE CRIMES

Criminal attempt

2C:5-1

An attempt to commit an AF would also be deemed an AF.

An attemp t to commit a CIMT would pro bably be considered a CIMT.

Conviction would be considered a CSO or FO if the underlying offense is a CSO or FO.

Conspiracy

2C:5-2

A consp iracy to com mit an AF w ould also be deemed an AF.

A consp iracy to com mit a CIM T would probably be considered a CIMT.

Conviction would be considered a CSO or FO if the underlying offense is a CSO or FO.

1Prepare d by Joan ne Gottesm an, Assistant C linical Profess or, Rutgers S chool of L aw-Camd en, with invaluable editorial input and guidance from Manuel D. Vargas, Director, Immigration Defense Project, New York State Defe nders Asso ciation.

The development of the Quick Reference Chart for Determining the Immigration Consequences of Selected New Jersey Criminal Offenses was sponsored by the Defending Immigrants Partnership, which is supported by grants from the Open Society Institute Gideon Project and from the Ford Foundation. Tim Block, Alice Dueker, Regis Fernandez, Leah Morris, Anne Picker, Ruth Anne Robbins, Eliezer Silver and Marianne Yang contributed valuable editorial and/or substantive assistance. Thanks are also due to Melanie Gordon and MaryAnn Purvenas for their technical su pport.

This chart is intended to warn criminal defense lawyers about the possible negative immigration consequences of a particular plea so that they may properly counsel their non-citizen clients. Advocates should be aware, however, that in many cases there are strong counter-arguments that a particular disposition should not trigger deportability or inadmissibility. For additional information on these arguments and strategies for avoiding the immigration consequences of criminal convictions, please refer to: Dan Kesselbrenner and Lory D. Rosenberg, Immigration Law and Crimes (West G roup 19 99), No rton To oby, Crimina l Defense o f Immigr ants, (Law Offices of Norton Toob y 2002), M anuel D. V argas, Represe nting No ncitizen Crim inal Defe ndants in New Yo rk State , 3d. Ed. (New York State Defenders Association 2003).

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

CRIMINAL HOMICIDE

Murder

First degree

2C:11-3(a)

Yes.

Yes, for convictions under subsections (1) or (2). Whether conviction under subsection (3) is a CIMT may depend on whether the underlying offense is a CIMT.

If the victim was a current or former spo use, or similarly situated individ ual, a conviction might be considered a CODV. Conviction might also be considered a FO if the record of conviction establishes that the offense involved a firearm (as defined in 18 U.S .C. § 921(a)).

Manslaughter

First degree

2C:11-4

If term of imprisonment of at least one year is imp osed, wo uld prob ably be deemed a “crime of violence” AF.

Conviction under subsection (a) would probably considered a CIMT; conviction under (b) (1) would probably be considered a CIMT; and under (b)(2) and (3) might be considered a CIMT.

Death by auto or vessel

(b)(1), (2) Second degree (b)(3) First degree

2C:11-5

If term of imprisonment of at least one year is imp osed, wo uld prob ably be deemed a “crime of violence” AF.

Would probably be considered a CIMT.

Knowingly leaving scene of motor vehicle accident resulting in death Third degree

2C:11-5 .1

If term of imprisonment of at least one year is imposed, might be deemed a “crime of violence” AF.

Might be considered a CIMT.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Aiding suicide

Second or fourth degree

2C:11-6

Probably NOT.

Might be considered a CIMT.

ASSAULT, RECKLESS ENDANGERING, THREATS

Simple ass ault

Disorderly persons offense

2C:12-1(a)

NO.

Conviction under (a)(1) or (a)(2) might be considered a CIMT, however if convicted under (a)(1) and the record re flect R, would probably NOT be considered a CIMT; conviction under (a)(3) might be considered a CIMT.

If the victim was a current or former spo use, or similarly situated individ ual, a conviction might be considered a CODV. Conviction under subsection (a)(2) might also be considered a FO if the record of conviction establishes that the offense involved a firearm (as defined in 18 U.S .C. § 921(a)).

Aggravated assault

(b)(1), (6) Second degree (b)(2),(7),(9), (1) Third degree (b)(3),(4 ) Fourth degree

(b)(5) T hird or fourth degree (b)(8) Second or third degree

(b)(11) Third degree

2C:12-1(b)

If term of imprisonment of at least one year is imposed, convictions under subsections (1-4) or (7-10) would probably be deemed a “crime of violence” AF. Conviction under subsections (5-6) or (11) might be deemed a “crime of violence” AF.

Conviction under subsections (1-4) or (7-10) wo uld prob ably be considered a CIMT. Conviction under (5-6) or (11) might be considered a CIMT.

If the victim was a current or former spo use, or similarly situated individ ual, a conviction might be considered a CODV. Conviction under subsections (4), (9) and (11) wou ld probably be considered a FO; conviction under subsections (2) or (3) might also be considered a FO if the record of conviction establishes that the offense involved a firearm (as defined in 18 U.S .C. § 921(a)).

Assault by auto or vessel Second, third or fourth degree, or disorderly persons offense

2C:12-1(c)

If term of imprisonment of at least one year is imp osed, wo uld prob ably be deemed a “crime of violence” AF.

Conviction under subsection (1), (2) and (3) would probably be considere d a CIM T if record of conviction establishes that offense caused SBI.

If the victim was a current or former spo use, or similarly situated individ ual, a conviction might be considered a CODV.

Knowingly leaving scene of a motor vehicle accident resulting in serious bodily injury Fourth degree

2C:12-1 .1

It term of imprisonment of at least one year is imposed, might be deemed a “crime” of violence AF.

Might be considered a CIMT.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Endangering an injured v ictim Third degree

2C:12-1 .2

If term of imprisonment of at least one year is imposed, might be deemed a “crime of violence” AF.

Might be considered a CIMT.

If the victim was a current or former spo use, or similarly situated individ ual, a conviction might be considered a CODV.

Recklessly endangering another person Third o r fourth degree

2C:12-2

If term of imprisonment of at least one year is imposed, conviction under sub section (a) wo uld prob ably be deemed a “crime of violence” AF.

Conviction under (a) might be considered a CIMT. Conviction under (b) (2) would probably be considered a CIMT.

If the victim was a current or former spo use, or similarly situated individ ual, a conviction might be considered a CODV.

Terroristic threats

Third degree

2C:12-3

If term of imprisonment of at least one year is imposed, conviction would probably be deemed a “crime of violence” AF.

Would probably be considered a CIMT.

If the victim was a current or former spo use, or similarly situated individ ual, a conviction might be considered a CODV.

Stalking

(b) Fourth degree (c), (d), (e) Third degree

2C:12-10

If term of imprisonment of at least one year is imposed, conviction would probably be deemed a “crime of violence” AF.

Would probably be considered a CIMT.

A convictio n would p robably trigger deportability as a “crime of stalking,” or if the victim was a current or former spouse, or similarly situated individual, a conviction might also be considered a CODV.

Disarming law enforcement or corrections officer First or second degree

2C:12-11

Conviction under subsection (a) might be deemed a “crime of violence” AF; conviction under subsection (b) would probably be deemed a “crime of violence” AF.

Conviction under subsection (a) or (b) would probably be considered a CIMT.

Convictio n would p robably also be considered a FO.

Throw ing bod ily fluid at department of correction employees deemed aggra vated a ssault Third o r fourth degree

2C:12-13

If term of imprisonment of at least one year is imposed, conviction might be deemed a “crime of violence” AF.

Might be considered a CIMT.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

KIDNAPPING AND RELATED OFFENSES

Kidnapping

First or second degree

2C:13-1

If term of imprisonment of at least one year is imposed, conviction might be deemed a "crime of violence" AF depending on what the record of conviction establishes (see definition at 18 U.S.C. § 16). Conviction under subsection (b)(1) might be deemed an "obstruction of justice" AF.

Would probably be considered a CIMT.

If the victim was a current or former spo use or similarly situated individ ual, a conviction might be considered a CODV.

Criminal restraint

Third degree

2C:13-2

Would probably be considered a CIMT.

False imprisonment

Disorderly persons offense

2C:13-3

NO.

Might be considered a CIMT.

If the victim was a current or former spo use or similarly situated individ ual, a conviction might be considered a CODV.

Interference with custody Second, third or fourth degree

2C:13-4

If term of imprisonment of at least one year is imposed, conviction might be deemed a "crime of violence" AF depending on what the record of conviction establishes (see definition at 18 U.S.C. § 16). If term of imprisonment of at least one year is imposed, conviction under subsection (a)(2) or (a)(3) might be deemed an "obstruction of justice" AF.

Might be considered a CIMT.

Becaus e the victim wo uld usually be a current or former spouse or similarly situated individual, a conviction might be considered a CODV.

Criminal coercion

Third o r fourth degree

2C:13-5

If term of imprisonment of at least one year is imposed, conviction under sub section (a)(1 ) would probably be deemed a "crime of violence" AF depending on what the record of conviction establishes (see definition at 18 U.S.C. § 16), and conviction under other subsections might be deemed a “crime of violence” AF depending on what the record o f conviction e stablishes. Conviction under subsection (a)(2) or (a)(6) might be deemed an "obstruction of justice" AF.

Might be considered a CIMT.

If the victim was a current or former spo use or similarly situated individ ual, a conviction might be considered a CODV.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Luring, enticing child Third degree

2C:13-6

If term of imprisonment of at least one year is imposed, conviction might be deemed a "crime of violence" AF depending on what the record of conviction establishes (see definition at 18 U.S.C. § 16); conviction might also be deemed a “sexual abuse of a minor” AF.

If underlying o ffense is a CIMT, conviction would probably be considered a CIMT.

If record of conviction shows purpose to comm it child abuse, child neglect, or ch ild abandonment, might be considered a CAC.

SEXUAL OFFENSES

Aggravated sexual assault First degree

2C:14-2 (a)

Conviction under subsections (1), (2),(5),(6) or (7) would probably be deemed a "rape o r sexual abu se of a minor" AF and conviction under subsections (3) and (4) might be deemed a “rape or se xual abuse o f a minor” AF, especially if record of conviction establishes sexual intercourse between the offender and victim. If term of imprisonment of one year or more is imposed, conviction under subsections (4), (5) or (6) would probably be deemed a "crime of violence" AF and conviction under subsection (3) or (7) might be deemed a "crime of violence" AF.

Would probably be considered a CIMT.

If the victim was a current or former spo use or similarly situated individ ual, a conviction might be considered a CODV. Conviction under subsection (1) and (2 ) would pr obably also be considered a CAC.

Sexual a ssault

Second degree

2C:14-2 (b)

Would probably be deemed a "rape or sexual ab use of a mino r,"AF or if term of imprisonment of at least one year is imposed, might be deemed a "crime of violence" AF.

Would probably be considered a CIMT.

If the victim was a current or former spo use or similarly situated individ ual, a conviction might be considered a CODV.

Convictio n would p robably also be considered a CAC.

Sexual a ssault

Second degree

2C:14-2 (c)

Conviction under subsection (3) or (4) would probably be deemed a "sexual abuse of a minor" AF. If term of imprisonment of at least one year is imposed, conviction under subsection (1) would probably be deemed a "crime of violence" AF and conviction under subsection (2), (3) or (4) might be deemed a "crime of violence" AF.

Would probably be considered a CIMT.

If the victim was a current or former spo use or similarly situated individ ual, a conviction might be considered a CODV. Conviction under subsection (3) or (4) would p robably also be considered a CAC.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Aggravated criminal sexual contact Third degree

2C:14-3(a)

Conviction under subsection (a) would probably be deemed a "sexual abuse of a minor" AF if record shows that the crime was committed under the cir cumstance s set forth in subsection (1),(2), (5),(6) or (7) of 2C:14-2(a) and if under the circumstances of subsection (3) or (4) of 2C:14-2(a), might be deemed “sexual abu se of a minor ” AF if record o f conviction sh ows victim was a minor. If term of imprisonm ent of at least one year is imposed, would probably be deemed a "crime of violence" AF if record shows the crime was committed under circu mstances set fo rth in subsections (4), (5) or (6) of 2C:14- 2(a), and might be deemed a "crime of violence" AF if record of conviction shows the crime was committed under circumstances set forth in subsections (3) or (7) of 2C:14-2 (a).

Would probably be considered a CIMT.

If the victim was a current or former spo use or similarly situated individ ual, a conviction might be considered a CODV.

If the record of conviction shows that the victim was a child, convic tion would probably be considered a CAC.

Criminal sexual contact Fourth degree

2C:14-3(b)

If record shows that the crime was committed under circumstances set forth in subsection (1) or (2) of 2C:14-2(c), would probably be deemed a “sexual abuse of a minor” AF if the record shows the crime was committed under circumstances set forth in subsection (3) or (4) of 2C:14-2(c), might be deemed a “sexual abuse of a minor” AF. If term of imprisonment of at least one year is imposed, conviction under circumstances set forth in subsection (1) of 2C:14-2(c), would probably be deemed a "crime of violence" AF and conviction under the

circumstanc es as set forth in subsection (2),(3)or (4) of 2C:14- 2(c)might be deemed a "crime of violence" AF.

Would probably be considered a CIMT.

If the victim was a current or former spo use or similarly situated individ ual, a conviction might be considered a CODV.

If the record of conviction shows that the victim was a child, convic tion would probably be considered a CAC.

Lewdn ess

Disorderly persons offense

2C:14-4(a)

NO.

Might be considered a CIMT.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Lewdn ess

Fourth degree

2C:14-4(b)

Conviction under subsection (1) might be deemed a “sexual abuse of a minor” AF.

Would probably be considere d a CIM T.

Conviction under subsection (1) might be considered a CAC.

ROBBERY

Robbery

First or second degree

2C:15-1

If term of imprisonment of at least one year is imposed, conviction under sub sections (a)(1 ) or (2) wo uld probably be deemed a “theft” or “crime of violence” AF; conviction under sub section (a)(3 ) would probably be deemed a “theft” AF; and, depending on the crime committed or threatene d, might fall into another AF catego ry.

Yes.

If conviction as crime of the first degree is based on charge that the defendant is armed with, or uses or threatens the immediate use of a dea dly weapon, conviction might be considered a FO if record of conviction establishes that offense involved a firearm.

Carjacking

First degree

2C:15-2

If term of imprisonment of at least one year is imposed: conviction under sub sections (a)(1 ) or (2) wo uld probably be deemed a “theft” or “crime of violence” AF; conviction under sub section (a)(3 ) would probably be deemed a “theft” AF and, depending on the crime committed or threatene d, might fall into another AF category; and conviction under subsection (a)(4) would pro bably be d eemed a “theft” AF.

Would probably be considered a CIMT.

ARSON, CRIMINAL MISCHIEF, AND OTHER PROPERTY DESTRUCTION

Aggravated arson

Second degree

2C:17-1(a)

If term of imprisonment of at least oneyearisimposed, wouldprobably be deem ed a “crime of violence” AF; if loss to the victim exceeds $10,000, conviction under subsection (3) might also be deemed a “fraud” AF.

Would probably be considered a CIMT.

Conviction might be considered a FO (or destructive d evice offense ) if record of conviction establishes that offense involved a “destructive device” (as defined in 18 U.S.C. § 921(a)).

If the victim was a current or former spo use or similarly situated individ ual, conviction might be considered a CODV.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Arson

Third degree

2C:17-1(b)

Conviction under subsection (3) or (4) would probably be considered a CIMT; conviction under subsection (1), (2), or (5) might be considered a CIMT.

Conviction might be considered a FO (or destructive d evice offense ) if record of conviction establishes that offense involved a “destructive device” (as defined in 18 U.S.C. § 921(a)).

Failure to control or report dangerous fire Fourth degree

2C:17-1(c)

If term of imprisonment of at least one year is imposed, might be deemed a “crime of violence” AF.

Might be considered a CIMT.

Paying or accepting consideration to commit arson First degree

2C:17-1(d)

If term of imprisonment of at least one year is imposed and record of conviction shows a substantial step taken towards completion of an arson offense, might be deemed a “crime of violence” AF.

Would probably be considered a CIMT.

Causing or risking widespread injury or damage (a) Second or third degree

(b) Third degree (c) Fourth degree (d) Fourth degree

2C:17-2

Conviction under subsection (a) or (b) would probably be considered a CIMT, however if record of conviction shows R only, conviction under subsection (a)(2) might not be considered a CIMT. Conviction under subsection (c) or (d) might be considered a CIMT.

Criminal mischief

Third o r fourth degree

2C:17-3

If term of imprisonment of at least one year is imposed, conviction might be deemed a “crime of violence” AF depending on what the record of conviction establishes (see definition at 18 U.S.C. § 16).

If record of conviction establishes P or K intent element, as opposed to R or N, might be considered a CIMT.

Conviction under subsection (a)(1) might be considered a FO (or destructive device offense) if record of conviction establishes that offense involved a “destructive device” (as defined in 18 U.S.C. § 921(a)).

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Certain alternations of moto r vehicle trademarks, identification numbers,

prohibited

Third o r fourth degree, o r disorder ly persons offense

2C:17-6

If term of imprisonment of at least one year is imposed, might be deemed a “vehicle traffickin g” AF; if term of imprisonment of at least one year is imposed and record of conviction establishespurpose related to theft, conviction might also be deem ed a “theft” A F.

If record of conviction establishes purpose related to theft or other unlawful purpose involving moral turpitude might be considered a CIMT.

BURGLARY & OTHER CRIMINAL INTRUSION

Burglary

Second or third degree

2C:18-2

If term of imprisonment of at least one year is imp osed and conviction is in the second degree or if record of conviction establishes unlawful entry into a dwelling, would probably be deemed a “crime of vio lence” AF ; if term of imprisonment of at least one year is imposed and record of conviction establishes unlawful entry into a dwelling (see Taylor v. U.S., 495 U .S. 575 (1 990)), wo uld probably also be deemed a “burglary” AF.

Would be considered a CIMT if record of conviction establishes that the offense intended to be committed was a CIMT.

If conviction of crime of the second degree is based on charge that the defendant was armed with or displayed what appeared to be explosives or a DW, conviction might be considered a FO if record of conviction establishes that explosive was a destructive device (as defined in 18 U.S.C. § 921 (a)) or that DW was a firearm.

Criminal trespa ss - unlicensed entry of structures Fourth degree (school, school property, dwelling or research facility) or disorderly persons offense

2C:18-3(a)

If term of imprisonment of at least one year is imposed, might be deemed a “crime of vio lence” AF if record of conviction establishes unlicensed entry into a dwelling.

Probably NOT.

Criminal trespa ss - defiant trespasser Disorderly persons offense

2C:18-3(b)

NO.

Criminal trespa ss - peering into windows or other openings of dwelling places Fourth degree

2C:18-3 (c)

Probably NOT.

Might be considered a CIMT.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Riding on lan ds; damaging property on lands Third o r fourth degree, o r disorder ly persons offense (depending on amount of loss).

2C:18-5

If term of imprisonment of at least one year is imposed, conviction under subsection (b) might be deemed a “crime of violence” AF.

If record of conviction reflects K, conviction under subsection (b) might be considered a CIMT.

THEFT AND RELATED OFFENSES

Theft by unlawful taking or disposition

2C:20-3

If term of imprisonment of at least one year is imp osed, wo uld prob ably be considered a “theft” AF.

Would probably be considered a CIMT.

Theft by deception

2C:20-4

If term of imprisonment of at least one year is imposed, might be deemed a “theft” AF. If record of conviction shows loss to th e victim of $10,0 00 or mo re, would p robably be deemed a “fraud or deceit” AF.

Would probably be considered a CIMT.

Theft by extortion

2C:20-5

If term of imprisonment of at least one year is imp osed, wo uld prob ably be deemed a “theft” offense; or conviction under subsection (a) might also be deemed a “crime of violence” AF.

Would probably be considered a CIMT.

Theft of property lost, mislaid, or delivered by mistake

2C:20-6

If term of imprisonment of at least one year is imp osed, wo uld prob ably be deemed a “theft” AF.

Would probably be considered a CIMT.

Receiving stolen property

2C:20-7

If term of imprisonment of at least one year is imp osed, wo uld prob ably be deemed a “theft” AF.

Would probably be considered a CIMT.

Fencing

2C:20-7 .1

If term of imprisonment of at least one year is imposed, might be deemed a “theft” AF; if record of conviction also shows that the “property” is a vehicle the identification number of which has been altered, conviction under subsection (b) might be deemed a “vehicle trafficking” AF.

Might be considered a CIMT.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Theft of services

2C:20-8

If term of imprisonment of at least one year is imposed, might be deemed a “theft” AF.

Conviction under subsection (a),(b),(h),(i) or (j) would probably be considered a CIMT; conviction under subsection (c)-(g) might be considered a CIMT.

Theft by failure to make required disposition of property received

2C:20-9

If term of imprisonment of at least one year is imposed, might be deemed a “theft” offense.

Might be considered a CIMT.

Unlawful taking of means of conveyance Disorderly persons offense

2C:20-10(a)

NO.

Probably NOT a CIMT.

Unlawful taking of means of conveyance Fourth degree

2C:20-10(b)

If term of imprisonment of at least one year is imposed, might be deemed a “theft” AF.

Might be considered a CIMT.

Unlawful taking of means of conveyance Third degree

2C:20-10(c)

If term of imprisonment of at least one year is imposed, might be deemed a “theft” or “crime of violence” AF.

Might be considered a CIMT.

Unlawful taking of means of conveyance Fourth degree

2C:20-10(d)

Probably NOT.

Might be considered a CIMT.

Shoplifting

2C:20-11

If term of imprisonment of at least one year is imp osed, wo uld prob ably be deemed a “theft” AF.

Would probably be considered a CIMT.

Operation of facility for sale of stolen automobile or parts Second degree

2C:20-16

If term of imprisonment of at least one year is imposed, might be deemed a “theft”AF; or if record of conviction reflects that identification numbers h ave been altered, wou ld probab ly be deem ed a “vehicle trafficking” AF.

Would probably be considered a CIMT.

Use of ju venile in theft of automobiles Second degree

2C:20-17

If term of imprisonment of at least one year is imp osed, wo uld prob ably be deemed a “theft” AF.

Would probably be considered a CIMT.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Leader of auto theft trafficking network Second degree

2C:20-18

If term of imprisonment of at least one year is imp osed, wo uld prob ably be deem ed a “theft” or “trafficking in vehicles” AF.

Would probably be considered a CIMT.

Computer theft

2C:20-25

Probably NOT.

Would probably be considered a CIMT.

Unauthorized use of ATP card or food stamp coupons w ith value of $150

or more

Fourth degree

2C:20-36

If term of imprisonment of at least one year is imposed, might be deemed a “theft” offense; or if record reflects loss to the government of $10,000 or more, might be deemed a “fraud” AF.

Would probably be considered a CIMT.

FORGERY AND FRAUDULENT PRACTICES

Forgery and related offenses Third o r fourth degree

2C:21-1

If sentenced to a term of imprisonment of at least one year, would probably be deemed a “forgery” AF; or if the loss to the victim(s) exceeds $10,000, might be deemed a “fraud” AF.

Yes.

Criminal simulation

Fourth degree

2C:21-2

If sentenced to a term of imprisonment of at least one year, would probably be deemed a “forgery” AF; or if the loss to the victim(s) exceeds $10,000, might be deemed a “fraud” AF.

Yes.

Driver’s license or other document issued by governmental agency to verify identity or age simulation

(a) Third degree (b) Third degree (c) Fourth degree (d) Disor derly persons offense

2C:21-2 .1

If sentenced to a term of imprisonment of at least one year, would probably be deemed a “forgery” AF.

Would probably be considered a CIMT.

Frauds related to public records and record able instruments (a)Third degree

(b) Disor derly persons offense

2C:21-3

If the loss to the victim(s) exceeds $10,000, conviction might be deemed a “fraud” A F, especially if record shows intent to deceive (as opposed to intent to injure).

Would probably be considered a CIMT.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Bad checks

Second, third or fourth degree, or disorderly persons offense (depending on amou nt)

2C:21-5

If the loss to the victim(s) exceeds $10,000, conviction might be deemed a “fraud” AF, or if term of imprisonm ent of at least one year is imposed , might be de emed a “the ft” AF.

Would probably not be considered a CIMT.

Credit cards

2C:21-6

If the loss to the victim(s) exceeds $10,000, conviction under subsection (b), (c)(2),(4),(5), (6),(d),(e) or (h), requiring inten t to defraud, w ould probably be deemed a “fraud” AF, or if term of imprisonment of at least one year is imposed, conviction under subsection (c)(1),(2),(4), or(5) might be deemed a “theft” AF.

Conviction under subsection (b), (c)(2),(4),(5), (6),(d),(e) or (h), requiring inten t to defraud, would be considered a CIMT, conviction under other subsections might be considered a CIMT.

Deceptive b usiness practices Fourth degree or disorderly persons offense

2C:21-7

If loss to the victim exceeds $10,000, conviction under sub section (h) o r (i) might be deemed a “fraud” AF.

Conviction under subsection (h) or (i) might be considered a CIMT.

Impersonation

2C:21-17

If loss to the victim exceeds $10,000, convictions under subsections (a)(1) - (a)(4) would probably be deemed “fraud or d eceit” AF, e specially if record o f conviction re flects intent to defraud (a s oppos ed to intent to injure, obtain a benefit or services, or avoid payment of a debt, etc. ); conviction under subsection (b) might be de emed a “fra ud” AF.

Convictio n would probably be considered a CIMT.

Money laundering and illegal investment

2C:21-25

If the value of the property exceeds $10,000, conviction under subsection (b) might be deemed a state analog to federal “money laundering” AF listed at 8 U.S.C. §1101 (a)(43)(D).

If the underlying criminal activity involves moral turpitude, might be considered a CIMT.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

OFFENSES AGAINST THE FAMILY, CHILDREN AND INCOMPETENTS

Endangering the welfare of children

Second or third degree depending on relationship w ith child

2C:24-4

Especially if defendant is more than four years older than victim and record sh ows sexual c onduct with victim, conviction under subsection (a) would probably be deemed a "sexual abuse of a minor" AF and conviction under subsection (b)(3)and (4) might be deemed a “sexual abu se of a minor ” AF. Conviction under subsections (b)(3),(4), or (5), might also be deemed a "child pornography" AF.

Convictio n would probably be considered a CIMT.

Conviction would probably be considered a CAC.

Willful nonsupport

Fourth degree

2C:24-5

NO.

Might be considered a CIMT.

Might be considere d "child neglect or ab andonm ent” CAC.

Endangering the welfare of an incompetent person Disorderly persons offense

2C:24-7

NO.

Might be considered a CIMT.

Endangering welfare of elderly or disabled persons Third degree

2C:24-8

NO.

Proba bly NOT .

Use of 1 7-Yea r-Old or younger to commit criminal offense

One degree higher than underlying offense

2C:24-9

Might be considere d a AF if underlying offense is an AF.

Might be considered a CIMT if underlying offense involves MT.

PERJURY AND OTHER FALSIFICATION IN OFFICIAL MATTERS

Perjury

Third degree

2C:28-1

If term of imprisonment of at least one year is imp osed, wo uld prob ably be deemed a “perjury” AF.

Would probably be considered a CIMT.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

False swearing

Fourth degree

2C:28-2

If term of imprisonment of at least one year is imposed, might be deemed a “perjury or obstruction of justice” AF, or if the loss to any victim(s) exceeds $10,000, might be deemed a “fraud or deceit” AF. (Unlike fed eral definition o f perjury, no requirement that the false swearing is on a “material matter”).

Would probably be considered a CIMT.

Unsworn falsification to authorities (a) Fourth degree (b) Disor derly persons offense

2C:28-3

Might be considered a CIMT.

OBSTRUCTING GOVERNMENTAL OPERATIONS; ESCAPES

Obstructing administration of law or other governmental function. (a) Disord erly persons offense (b) Fourth degree

2C:29-1

If term of imprisonment of at least one year is imposed, might be deemed a “crime of violence” AF, or an “obstruction of justice” AF depending on what the record reflects.

Probably NOT.

Resisting arrest; Eluding officer (a)(1) D isorderly persons offense (a)(2) Fourth degree (a)(3) Third degree (b) Second or third degree

2C:29-2

If term of imprisonment of at least one year is imposed, conviction under sub section (a)(3 ), or of a second degree offense under subsection (b), would probably be deemed a “crime of violence” AF.

Conviction under subsection (a)(3)(a) or of a second degree offense under subsection (b) might be considered a CIMT.

Hindering apprehension or prosecution Second, third, or fourth degree or disorderly persons offense

2C:29-3

If term of imprisonment of at least one year is imp osed, wo uld prob ably be deemed an “obstruction of justice” AF .

Might be considered a CIMT .*

Bail jumping

Third o r fourth degree, d isorderly persons o r petty disorderly persons offense

2C:29-7

If convicted of the offense in the third degree, would probably be deemed a “failure to appear” AF.

No.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Contempt

(a) Fourth degree (b) Fourth degree or disorderly persons offense.

2C:29-9

If term of imprisonment of at least one year is imposed, might be deemed an “obstruction of justice” or a “crime of violence” AF.

Might be considered a CIMT.

Might be considered a CODV or trigger deportability under "violation of protection order" provision.

RIOT, DISORDERLY CONDUCT, AND RELATED OFFENSES

Riot; Failure to disperse (a)(1), (2) F ourth degree

(a)(3) Third degree (b) Disor derly persons offense

2C:33-1

If term of imprisonment of at least one year is imposed, conviction under subsection (a) might be deemed “crime of violence” AF.

Conviction under subsection (a)(3) wou ld probably be considered a CIMT, or if underlying offense involves moral turpitude, conviction under (a)(1) might be considered CIMT.

Conviction under subsection (a)(3) would probably be considered a FO if record of conviction establishes that offense involved a firearm or destructive device (as defined in 18 U.S.C. § 921(a)).

Disorderly conduct

Petty disord erly persons offense

2C:33-2

NO.

Wandering, remaining in or prow ling public places with pu rpose of obtaining or selling controlled substances Disorderly persons offense

2C:33-2 .1

NO.

Might be considere d a CSO if record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802.

False public alarms

(a) Third degree (b) Third degree (c) Second degree (e) Disord erly persons offense

2C:33-3

If term of imprisonment of at least one year is imposed, might be deemed a “crime of violence” AF.

Might be considered a CIMT.

Harassment

(a)-(d) Pe tty disorderly persons offense (e) Fourth degree

2C:33-4

If a term of imprisonment of at least one year is imposed, conviction under sub section (e), wo uld prob ably be deemed a “crime of violence” AF if record of conviction shows that basis of conviction was for an offense under subsection (b).

Might be considered a CIMT.

If victim was a current or former spo use or similarly situated individual, conviction might be considered a CODV, or trigger deportability under CODV clause regarding “crime of stalkin g.”

Obstructing highw ays or p ublic passages Petty disord erly persons offense

2C:33-7

NO.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Causing fear of unlaw ful bodily violence Third degree

2C:33-10

If term of imprisonment of at least one year is imposed, might be deemed a “crime of vio lence” AF .

Might be considered a CIMT , particularly if record reflects P or K intent.

If victim was a current or former spo use or similarly situated individual, conviction might be considered a CODV.

Maintaining a nuisance (a),(b) Diso rderly persons offense (c) Fourth degree

2C:33-12

Conviction under subsection (c) might be deemed a “prostitution business” AF.

Conviction under subsection (a) or (b) might be considered a CIMT , particularly if under subsection (a) record reflects K intent and under (b) the underlying offense involves moral turpitude; conviction under subsection (c) would probably be considered a CIMT.

Conviction under subsection (c) might trigger “prostitution or commercialized vice” inadmissibility.

Sexually oriented business Fourth degree

2C:33-1 2.2

Probably NOT (risk that might be deemed a “prostitution business” AF less than with respect to conviction under 2C:33-12(c) because no express pr ostitution elem ent).

Might be considered a CIMT.

Conviction might trigger “prostitution or commercialized vice” inadmissibility.

Interference with transportation Second, third or fourth degree or disorderly persons offense

2C:33-14

If term of imprisonment of at least one year is imposed, conviction under subsection (c), (d) or (e) might be deemed a “crime of violence” AF.

Conviction under subsection (c) or (d) might be considered a CIMT if record reflec ts purposeful or knowing intent; conviction under subsection (e) would probably be considered a CIMT.

Possession or consumption of alcoholic beverage by person under legal age Disorderly persons offense

2C:33-15

NO.

Solicitation, recruitm ent to join street gang (a) Fourth degree (b) Third degree (c) Second degree

2C:33-28

If term of imprisonment of at least one year is imposed, conviction under sub section (b) o r (c) would probably be deemed “crime of violence” AF.

Conviction might be considered CIMT, particularly if underlying criminal conduct involves moral turpitude.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

PUBLIC INDECENCY

Prostitution and related offenses (b)(1)First time: disorderly persons offense; subse quent: fourth degree

(b)(2) T hird or fourth degree (b)(3), (4) Second degree

(b)(5),(6),(7) Third degree

2C:34-1

Conviction under subsections (b)(2)- (6) might be deemed “prostitution business” AF. Conviction under subsection (b)(3),(4) and (7) might also be deemed “sexual abuse of a minor” AF.

Convictio n would probably be considered CIMT.

Might trigger “prostitution” inadmissibility. Conviction under subsection (b)(3), (4), or (7) might also be considered a CAC.

Loitering for the purpose of engaging in prostitution Disorderly persons offense

2C:34-1 .1

NO.

Might be considered a CIMT.

Might trigger “prostitution” inadmissibility.”

Obscenity for persons 18 years of age or older Fourth degree

2C:34-2

Might be deemed a “child pornog raphy” AF if record reflec ts an offense as described in 18 U.S.C. §§ 2251, 2251A, or 2252.

Might be considered a CIMT.

Obscenity for persons under 18 Third degree

2C:34-3

Conviction under subsection (b) might be de emed a “c hild pornog raphy” AF if record reflec ts an offense as described in 18 U.S.C. §§ 2251, 2251A, or 2252. Conviction might also be deemed “sexual abuse of a minor” AF.

Might be considered a CIMT.

CONTROLLED DANGEROUS SUBSTANCES

Leader of narcotics trafficking network First degree

2C:35-3

If record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802, would be deemed “drug trafficking” AF.

Would probably be considered a CIMT.

Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802.

Maintaining or operating a controlled dangerous substance production facility First degree

2C:35-4

If record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802, would be deemed a “drug trafficking” AF.

Would probably be considered a CIMT.

Would be considered a CSO if record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Boob y traps in manufacturing or distribution facilities; Fortified premises

(b) First or second degree (c) Third degree

2C:35-4 .1

If record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802, might be deemed a “drug trafficking” AF. If term of imprisonm ent of at least one year is imposed, conviction under subsection (b) might also be deemed a “crime of violence” AF.

Might be considered a CIMT.

Might be considere d a CSO if record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802. Might also be considered a FO if record of conviction establishes that “booby trap” is a firearm or “destructive device” (as defined in 18 U.S.C. § 921(a)).

Manufacturing, distributing or dispensing First, second, third or fourth degree (Depending on substance and amount)

2C:35-5

Ashcroft, 2003 WL 22810289 (3d Cir. Nov ember 2 6, 2003 ); Steele v. Blackman, 236 F.3d 130 (3d Cir. 2001) . Please see more de tailed note at end of cha rt.

Would probably be considered a CIMT.

Would probably be considered a CSO if record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802.

Employing a juvenile in a drug distribution scheme Second degree

2C:35-6

If record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802, would be deemed a “drug trafficking” AF.

Would probably be considered a CIMT.

Would probably be considered a CSO if record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802.

Controlled dangerous substances near or on school property Third degree

2C:35-7

Ashcroft, 2003 WL 22810289 (3d Cir. Nov ember 2 6, 2003 ); Steele v. Blackman, 236 F.3d 130 (3d Cir. 2001) . Please see more de tailed note at end of cha rt.

Would probably be considered a CIMT.

Would probably be considered a CSO if record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Distributing, dispensing or possessing within 500 fee t of certa in public property Second or third degree

2C:35-7 .1

If record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802, would be deemed a “drug trafficking ” AF. Ho wever, if conviction is for distribution of a small amount of marijuana, and the record of conviction does not establish remuneration, may not be considere d an AF. Wilson v. Ashcroft, 2003 WL 22810289 (3d Cir. Nov ember 2 6, 2003 ); Steele v. Blackman, 236 F.3d 130 (3d Cir. 2001) . Please see more de tailed note at end of cha rt.

Would probably be considered a CIMT.

Would probably be considered a CSO if record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802.

Strict liability for drug induced deaths First degree

2C:35-9

If record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802, would be deemed a “drug trafficking” AF.

Would probably be considered a CIMT.

Would probably be considered a CSO if record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802.

Possession, use or being under the influence of or failure to make lawful disposition Third o r fourth degree, o r disorder ly persons offense

2C:35-10(a)

Would probably NOT be deemed a “drug trafficking” AF under current Third Circuit case law, unless conviction is for possession of more than 5g of cocaine base or any amount of flunitrazepam, in which case might be deemed “drug trafficking” AF (see Gerbier v.

Holmes, 280 F.3d 297 (3d Cir. 2002) , Steele v. Blackman, 236 F.3d 130 (3d Cir. 2001)). If later removal hearing takes place outside the Third Circuit, however, conviction for possessio n of a controlled substance as defined in 21 U.S.C. § 802, unles s as a disord erly persons offense, would probably be deemed a “drug trafficking” AF (see Yanez-G arcia, 23 I.& N. Dec. 390 (BIA 2002). Please see the note at the end of this chart for a more detailed discussion of the issues raised by a c onviction un der this section.

Would probably NOT be considered a CIMT.

Would probably be considered a CSO if record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Obtaining by fraud

Third degree

2C:35-13

If record reflects conviction under provision regarding obtaining a CDS by misrepre sentation, etc., wo uld probably NOT be deemed a “drug trafficking” AF under current Third Circuitcaselaw,unless convictionis for possession of more than 5g of cocaine base or any amount of flunitrazepan, in which case might be deemed “drug trafficking” AF (see Gerbier v. Holmes, 280 F.3d 297 (3d Cir. 2002 ), Steele v. Blackman, 236 F.3d 130 (3d Cir. 2001)). If later removal hearing takes place outside the Third Circuit, however, conviction under this provision would probably be deemed a “drug trafficking” AF (see In Re Yanez- Garcia, 23 I.& N. Dec. 390 (BIA 2002). Please see the note at the end of this chart for a more detailed discussion o f the issues raised by a conviction under this section. If record reflects conviction under provision regarding obtaining a CDS by misrepre sentation, etc., A ND if loss to any victim(s) exceeds $10,000 would probably also be deemed a “fraud or deceit” AF. If record reflects conviction under provision regarding obtaining a forged or fraudulent certificate AND if term of imprisonment of at least one year is imp osed, wo uld prob ably be deemed a “forgery” AF.

Would probably be considered a CIMT.

Would probably be considered a CSO if record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802.

Possession of certain prescription drugs Disorderly persons offense

2C:35-24

Probably NOT an AF.

Probably NOT a CIMT.

Would probably be considered a CSO if record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

FIREARMS, OTHER DANGEROUS WEAPONS AND INSTRUMENTS OF CRIME

Prohibited weapons and devices (a) Third degree (b) Third degree

(c) Fourth degree (d) Fourth degree (e) Fourth degree (f) Fourth degree (h) Fourth degree (j) Fourth degree (k) Disord erly persons offense

2C:39-3

If record of conviction establishes an offense akin to one described in 18 U.S.C. § 922 (g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r), 18 U.S.C. § 924 (b) or (h), or 26 U.S.C. § 5861, conviction under subsection (a), (b), (c), or (d) would probably be deemed a "firearm offense" AF. If term of imprisonment of at least one year is imposed, conviction under subsection (a)-(j) might also be deemed a "crime of violence" AF.

Because statute does not require intent to use, convictio n would probably not be considere d a CIM T.

Conviction under subsections (a),(b),(c) or (d) would be considered a FO if record of conviction establishes that offense involved a firearm or destructive device (as defined in 18 U.S.C. § 921(a)).

Possession of weapons for unlawful purposes (a) Second degree (b) Second degree (c) Second degree (d) Third degree (e) Fourth degree

2C:39-4

If record of conviction establishes an offense akin to one described in 18 U.S.C. § 922 (g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r), 18 U.S.C. § 924 (b) or (h), or 26 U.S.C. § 5861, conviction under subsection (a)-(c) would probably be deemed a "firearm offense" AF. If term of imprisonm ent of at least one year is imposed, conviction under subsection (a)-(d) might also be deemed a "crime of violence" AF.

Conviction under subsections (a)-(d) would probably be considered a CIMT; conviction under subsection (e) might be considered a CIMT.

Conviction under subsection (a)-(c) would be considered a FO if record of conviction establishes that offense involved a firearm or destructive device (as defined in 18 U.S.C. § 921(a)).

Possession of weapons during commission of certain crimes Second degree

2C:39- 4.1(1)(a)

If record of conviction establishes an offense akin to one described in 18 U.S.C. § 922 (g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r), 18 U.S.C. § 924 (b) or (h), or 26 U.S.C. § 5861, conviction would probably be deemed "firearm offense" AF. If underlying offense is considered a “crime of violence” (as defined in 18 U.S.C. § 16) and sentenced to term of imprisonment of at least one year, conviction might also be deemed "crime of violence" AF.

If the underlying offense involved MT, would probably be considered a CIMT.

Would be considered a FO if record of conviction establishes that offense involved a firearm or destructive device (as defined in 18 U.S.C. § 921(a)).

Might be considere d a CSO if record of conviction establishes that underlying offense involved a controlled substance as defined in 21 U.S.C. § 802.

Possession of weapons during commission of certain crimes Second degree

2C:39- 4.1(1)(b)

If sentenced to a term of imprisonment of at least one year, would probably be deemed a “crime of violence” AF.

Would probably be considered a CIMT.

Might be considere d a CSO if record of conviction establishes that underlying offense involved a controlled substance as defined in 21 U.S.C. § 802.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Possession of weapons during commission of certain crimes Second degree

2C:39- 4.1(1)(c)

If underlying offense would be considered a “crime of violence” (as defined in 18 U.S.C. § 16) and sentenced to a term of imprisonment of at least one year, might be deemed a "crime of violence" AF.

If underlying offense involved MT, conviction would probably be considered a CIMT.

Might be deemed a CSO if record of conviction establishes that underlying offense involves a controlled substance as defined in 21 U.S.C. § 802.

Unlawful possession of weapons (a), (b), (c), (e) Third degree

(d) Fourth degree

2C:39-5(a)

If record of conviction establishes an offense akin to one described in 18 U.S.C. § 922 (g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r), 18 U.S.C. § 924 (b) or (h), or 26 U.S.C. § 5861, conviction would probably be deemed a "firearm offense" AF. If sentenced to a term of imprisonment of at least one year, might also be deemed a "crime of violence" AF.

Becaus e no intent to use the weapon required, w ould probably NOT be considered a CIMT.

Would be considered a FO if record of conviction establishes that offense involved a firearm or destructive device (as defined in18U.S.C.§921(a)). Note that the text of subsection (d) does not specify a type of weapon and should NOT be considered a FO unless record of conviction establishes that offense involved a firearm or destructive device (as defined in 18 U.S.C. § 921(a)).

Certain persons not to have weapons (a) Fourth degree (b) Second degree.

2C:39-7

If record of conviction establishes an offense akin to one described in 18 U.S.C. § 922 (g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r), 18 U.S.C. § 924 (b) or (h), or 26 U.S.C. § 5861, conviction would probably be deemed a "firearm offense" AF. If sentenced to a term of imprisonment of at least one year, might also be deemed a "crime of violence" AF.

Becaus e no intent to use the weapon required, w ould probably NOT be considered a CIMT.

Would probably be considered a FO if record of conviction establishes that offense involved a firearm or destructive device (as defined in 18 U.S.C. § 921(a)).

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances

(a) Third degree (machine guns) (b) Third degree (sawed-off shotguns) (c) Fourth degree (firearm silencers) (d) Fourth degree (weapons)

(e) Fourth degree (defaced firearms) (f) Fourth degree (armor penetrating bullets)

(g) Third degree (assault firearms) (h) Fourth degree (large capa city ammunition magazines)

2C:39-9(a)

If record of conviction establishes that offense involved a firearm or destructive device (as defined in 18 U.S.C. § 921(a)), or an explosive device (as d efined in 18 U.S.C. § 841(c), would probably be deemed an “illicit trafficking” AF ; or if record of conviction establishes an offense akin to one described in 18 U.S.C. § 922 (g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r), 18 U.S.C. § 924 (b) or (h), or 26 U.S.C. § 5861, conviction would probably be deemed a "firearm offense" AF. If sentenced to a term of imprisonment of at least one year, might also be deemed a "crime of violence" AF.

Becaus e no intent to use the weapon required, conviction under subsections (a),(b), (c),(g) ,would probably NOT be considered a CIMT. Conviction under subsection (d) might be considere d a CIM T if record of conviction demonstrates that the conviction is under the provision requiring intent to use. Conviction under subsection (f) or (h) might be considered a CIMT depending on what recor d reflects regarding intended purpose.

Would probably be considered a FO if record of conviction establishes that offense involved a firearm or destructive device (as defined in 18 U.S.C. § 921(a)).

Sale of handcuffs to a person under 18 Disorderly persons offense

2C:39-9 .2

Probably NOT.

NO.

Pawn brokers; loaning on firearms (a) Third degree (b) Disor derly persons offense

2C:39-11

Conviction under subsection (a) might be de emed an “illicit trafficking” AF; or if record of conviction establishes an offense akin to one d escribed in 18 U.S .C. § 922 (g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r), 18 U.S.C. § 924 (b) or (h), or 26 U.S.C. § 5861, conviction might be deemed a "firearm offense" AF.

Would probably NOT be considered a CIMT.

Conviction under subsection (a) might be deemed a FO if record of conviction establishes that offense involved a firearm or destructive device (as defined in 18 U.S.C. § 921(a)).

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Training, practice or instruc tion in use, application or making of firearm, explosive device or techniqu e capab le of causing injury for illegal activity Second degree

2C:39-14

If sentenced to a term of imprisonment of at least one year, might be deemed a “crime of violence” AF; or if record of conviction establishes an offense akin to one d escribed in 18 U.S .C. § 922 (g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r), 18 U.S.C. § 924 (b) or (h), or 26 U.S.C. § 5861, conviction would probably be deemed a "firearm offense" AF.

Might be considered a CIMT.

Might be deemed a FO if record of conviction establishes that offense involved a firearm or destructive device (as defined in 18 U.S.C. § 921(a)).

Leader of firearms trafficking network First degree

2C:39-16

If record of conviction establishes that offense involved a firearm or destructive device (as defined in 18 U.S.C. § 921(a)), or an explosive device (as d efined in 18 U.S.C. § 841(c), would probably be deemed an “illicit trafficking” AF. If sentenced to a term of imprisonment of at least one year, might also be deemed a "crime of violence" AF.

Would probably be considered a CIMT.

Would probably be considered a FO if record of conviction establishes that offense involved a firearm or destructive device (as defined in 18 U.S.C. § 921(a)).

VEHICLE AND TRAFFIC OFFENSES

Operating motor vehicle with controlled dangerous substance or prescription legend drug in possession or in mot or vehic le

39:4-49 .1

NO.

Would probably NOT be considered a CIMT.

Would probably be considered a CSO if record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802.

01/07/04

Offense

New Jersey Code Section

Aggravated F elony (AF)?

Crime Involving Moral Turpitude (CIMT )?

Other G rounds: Controlled Substance Offense (CSO) Crime Against Children (CAC)

Crime of Dom. Viol., Etc. (CODV) Firearm Offense (FO) Prostitution

Driving while intoxicated

39:4-50

Probably NOT (however may be deemed “crime of vio lence” AF if term of imprisonment of at least one year is imposed, and later removal proceedings are held in a jurisdictions in which the Court of Appeals has held DUI to be a “crime of violence” AF).

Without any aggravating circumstanc es, would probably NOT be considered a CIMT; however might be considere d CIM T if record of conviction establishes circumstance such as driving while knowing license suspended or revoked due to prior conviction for driving under influence of alcohol o r drugs. See Matter of Lopez-Meza, Int. Dec. 3423 (BIA 1999).

Would probably be considered a CSO if record of conviction establishes a controlled substance as defined in 21 U.S.C. § 802.

Reckless driving

39:4-96

NO.

Would probably NOT be considered a CIMT.

Careless driving

39:4-97

NO.

Would probably NOT be considered a CIMT.

Action in case of accident

39:4-97 .2

NO.

Would probably NOT be considered a CIMT.

Warning Regarding Convictions Under N.J.S.A. §2C:35-10(a)

While immigration judges in the Third Circuit should find that a New Jersey defendant convicted of simple drug possession under N.J.S.A. §2C:35-10(a) has not been convicted of a “trafficking” Aggravated Felony, this may not be the outcome for a New Jersey defendant who is placed in removal proceedings in another circuit.

The Board of Immigration Appeals’ Approach

The reason for this potentially divergent result, is a 2002 Board of Immigration Appeals’ decision that declined to adopt a uniform legal standard for determining when a state drug conviction constitutes a “trafficking” Aggravated Felony. Instead, the Board ruled that it would follow the law of the circuit in which the immigration case arose. Matter of Yanez Garcia, 23 I&N Dec. 390 (BIA 2002). Where a circuit court had not previously decided the issue, it would follow the interpretation of the majority of circuits. The majority of circuit courts had determined that a state drug offense classified as a felony under state law was a “trafficking” Aggravated Felony when it was also punishable under one of certain specified federal statutes (the Controlled Substances Act, the Controlled Substances Import and Export Act, or the Maritime Drug Law Enforcement Act) . The Board then followed the majority rule in Matter of Yanez-Garcia to find that the respondent’s Illinois conviction for simple drug possession was a “trafficking” Aggravated Felony because it was classified as a felony in Illinois and punishable under the Controlled Substances Act.

The Third Circuit Court of Appeals’ Approach

In contrast to the majority rule, the Third Circuit Court of Appeals has established a different two-pronged test for determining whether a state drug conviction constitutes a “trafficking” Aggravated Felony. Gerbier v. Holmes, 280 F.3d 297 (3d Cir. 2002). Under this approach, a state drug conviction is an Aggravated Felony if it is either: (1) a state law felony containing a “trafficking element” (unlawful trading or dealing); or (ii) punishable as a felony under the federal Controlled Substances Act (CSA). The defendant in Gerbier had been convicted of drug possession, which while a felony under Delaware law, did not contain a “trafficking” component and was not punishable as a felony under the CSA. Therefore, the Court of Appeals found that it was not a “trafficking” Aggravated Felony. Similarly, because N.J.S.A.§2C:35-10(a) does not contain a “trafficking element” and is not punishable as a felony under the CSA (unless the conviction is for more than five grams of cocaine base or any amount of flunitrazepam) it should not be deemed a “trafficking” Aggravated Felony in the Third Circuit. While a subsequent state simple possession offense will also not be deemed punishable as a felony under the CSA in the Third Circuit under Steele v. Blackman, 236 F.3d 130 (3d Cir. 2001), this may not be the case in other circuits. See e.g. U.S. v. Simpson, 319 F.3d 81 (2d Cir. 2002, as amended Jan. 23, 2003).

Professional Responsibility of New Jersey Criminal Defense Attorneys

Because the law of the circuit where the immigration proceeding is held will dictate the outcome, New Jersey criminal defense lawyers should warn their clients about the possible risk of an Aggravated Felony determination when they plead to third or fourth degree simple drug possession, or to any conviction under N.J.S.A. §2C:35-10(a), including a disorderly persons offense, if it would follow a prior controlled substance offense conviction. In addition, when entering a plea to this section, it may be

01/07/04

advisable to ensure that the record reflects the non-citizen defendant's reliance on the Court of Appeals' decisions in Gerbier v. Holmes and/or Steele v. Blackman. This may preserve defenses for an immigration attorney representing the noncitizen in a later removal proceeding in another jurisdiction.

Note on convictions for possession with intent to distribute small amounts of marijuana without remuneration

In Wilson v. Ashcroft, 2003 WL 22810289 (3d Cir. November 26, 2003), the Third Circuit Court of Appeals found that Appellant's conviction under N.J.S.A. 2C35-5 for possession of twenty-eight grams of marijuana with intent to distribute was not a conviction of an aggravated felony under the "hypothetical felony" approach laid out in Gerbier v. Holmes, supra. The Court reasoned that because the offense does not involve sale for remuneration as an element, under 21 U.S.C. Sec. 841(b) it may be punishable under federal law as a misdemeanor. The Court then remanded the case to determine whether or not the offense should be deemed an aggravated felony under the state felony approach laid out in Gerbier. While the final outcome is still unclear, there is a possibility that because sale for remuneration is not a required element, the courts may find that the offense does not contain a "trafficking element" and therefore is not an Aggravated Felony under this approach.

Additional Resources

For the statutory definition of an “illicit trafficking” Aggravated Felony, see I.N.A. §101(a)(43)(B). For additional information regarding this complicated issue, please refer to the practice alerts found on the website of the New York State Defenders Association Immigrant Defense Project at:

http//www.nysda.org/NYSDA_Resources/Immigrant_Defense_Project/03_IMMIGRANTDEFENSEALERT_DrugAlertsCombin ed_.pdf

01/07/04

source http://www.sikhcoalition.org/documents/QuickReferenceChartforDeterminingtheImmigrationConsequencesofSelectedNewJerseyCriminalOffens.pdf

Kenneth Vercammen was included in the 2011 “Super Lawyers” list published by Thomson Reuters.

2011-04-20T05:04:00.001-07:00

Kenneth Vercammen was included in the 2011 “Super Lawyers” list published by Thomson Reuters.

PROFESSIONAL OFFICE SPACE AVAILABLE IN EDISON LAW OFFICE

2011-04-10T04:21:00.001-07:00

PROFESSIONAL OFFICE SPACE AVAILABLE IN EDISON LAW OFFICE

2053 Woodbridge Ave.

Edison, NJ 08817

Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents, and other Business Professionals as a 2nd office or location to meet clients in Edison.

The offices are located on the 1st floor of the building.

2 rooms office approx 12.4 x 9.4

and front room appr 8 x 9

plus use of reception room 16.6 x 7.2

and use of storage area in basement and garage

$600 per month

Call 732-572-0500

Owner of building is local attorney, Kenneth Vercammen who handles Criminal /Municipal Court, Personal Injury, Elder Law, and Probate Law.

Available April 15 GBLT friendly

E365 1. Kenneth Vercammen and John Menzel were included in the 2011 “Super Lawyers” 2. Hearsay not admissible at trial. 3. Charity & Community Event

2011-04-01T14:01:00.000-07:00

E365 1. Kenneth Vercammen and John Menzel were included in the 2011 “Super Lawyers”

2. Hearsay not admissible at trial.

3. Charity & Community Events

4. April is National Donate Life Month- Organ Donation

5. Join the Edison Community Pool

6. Free Atlantic Reporter books

7. Tables available to borrow.

1. Kenneth Vercammen and John Menzel were included in the 2011 “Super Lawyers” list published by Thomson Reuters and New Jersey Monthly. Of over 79,000 attorneys in New Jersey, only five were selected as Super Lawyers in the Criminal Law- DWI category.

HOW SUPER LAWYERS ARE SELECTED

Bar associations and courts across the country have recognized the legitimacy of the Super Lawyers selection process. Most recently, the New Jersey Supreme Court upheld the findings of a Special Master assigned by the court to, among other things, examine the details of our process. The Special Master report stated:

“[The Super Lawyers selection process] is a comprehensive, good-faith and detailed attempt to produce a list of lawyers that have attained high peer recognition, meet ethical standards, and have demonstrated some degree of achievement in their field."

"Suffice to say, the selection procedures employed by [Super Lawyers] are very sophisticated, comprehensive and complex."

“It is absolutely clear from this record that [Super Lawyers does] not permit a lawyer to buy one’s way onto the list, nor is there any requirement for the purchase of any product for inclusion in the lists or any quid pro quo of any kind or nature associated with the evaluation and listing of an attorney or in the subsequent advertising of one’s inclusion in the lists.”

OVERVIEW

Super Lawyers selects attorneys using a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in the selection of a lawyer, we limit the list to attorneys who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys.

Only 5 percent of the lawyers in each state or region are named Super Lawyers.

http://www.superlawyers.com/new-jersey/lawyer/Kenneth-A-Vercammen/73f0b3a6-71c1-4ae1-a5d0-803ddb2739a9.html

2. Hearsay not admissible at trial. State v McLaughlin _____ NJ _____ (2011) A-68-09

Because the state of mind of the declarant of the hearsay offered here was not directly relevant to the prosecution of defendant and the hearsay statement itself, without redaction, imputed to defendant the

intent to commit a crime, its admission was error.

3. Charity & Community Events - You don’t need to run. You can bicycle to events and volunteer

Saturday, April 2, Fools Run 5k 11am Manasquan, NJ

April 3, 2011 Indian Trails 15k, 5k 9am Middletown [Ken V is past winner] After race, go to On The Deck  Located in Atlantic Highlands, On The Deck offers indoor and outdoor dining with spectacular views of the Shrewsbury River, Gateway National Park and the New York City skyline all year round.  2 Simon Lake Drive Atlantic Highlands, NJ 07716-1259 approx 6 minutes away

4/9/11 Brick Beach to Bay 5k

4/ 9/11 Run w Eagles 5k Allentown 10am

4/16, 2011 Runapoloza Jersey Shore Relay For Special Olympics 5,4,3,2,1 teams 26 miles, 9am From Seaside Hts To Asbury Park 732-681-9464 free beer! If you cant run, you can volunteer or pay to go to party

4/23/11 Celtic Tribute 5K with the JSRC Kid’s Races and Nephcure Foundation 2-Mile Family Walk 11:00 start, Long Branch, NJ www.celtictribute5k.com

Pre-registration entry fee is $20 thru April 18.

Contact info: 732-571-2162, email: phinck@comcast.net

Benefits the PBA Local No. 10, Scholarship Fund and Nephcure Foundation.

Event includes 5-year age group awards, Law Enforcement and PBA awards, 2-Mile Family Walk, Kids Races. Random Prizes and great post race party.

4. April is National Donate Life Month- Organ Donation

While New Jersey Organ and Tissue Sharing Network (NJ Sharing Network) works to educate New Jersey residents year round about the critical need for more organ and tissue donors, the month of April, associated with renewal and spring, is also National Donate Life Month.

Established in 2003, the month features local, regional and national educational activities designed to encourage Americans to become organ and tissue donors. We recommend all NJ citizens between 18 and80 have a Living Will/ Advance Directive prepared. Select organ donation in your Living Will.

Nationally, more than 110,000 people wait for a life-saving transplant—close to 5,000 of them are here in New Jersey. For many, tragically, the gift will never be received. Nearly 6,000 people die a year – about 18 per day – awaiting the gift of life.

One of the most important life-saving decisions you can make is to become a registered donor. Say “yes” to donation on your New Jersey driver license or state ID when you first apply for and each time you renew. The words “Organ Donor” will appear on the front of your license and will be included in your computer record with the Motor Vehicle Commission. Not renewing anytime soon? You can register online today by visiting

www.sharenj.org. NJ Sharing Network is a non-profit, federally designated organization responsible for the recovery and placement of donated organs and tissue for New Jersey residents in need of life-saving transplants. For

information about donation and transplantation in NJ, contact us at 1-800-SHARE-NJ or info@sharenj.org

5. Join the Edison Community Pool now and save!

The Metuchen Branch YMCA and the Edison Elks are once again pleased to co-sponsor the Edison Community Pool, located on Old Post Road in Edison. They look forward to serving the South Edison Community and surrounding areas this summer, 2011.

 The newly renovated Edison Community Pool located on Old Post Road in South Edison is surrounded by a wooded picnic area. The facility boasts a 25-yard, 4-lane pool, water slide and a kiddie pool for youngsters. Bathrooms with showers and a snack area with vending machines are conveniently located around the pool area. A sand-filled volleyball court, basketball courts and playground make this swim club a place for family fun.

Dates and Hours of Operation

The Pool opens on weekends only from May 28 through June 16- Hours Sat. 11am-8pm and Sun.12-8pm

The pool will be open fro the summer starting June 16 through Labor Day

Open House- May 14 from 12-2pm.

Last years Elks Community Pool members save if registered by April 30

Also available this year swim lessons for children ages 4-6 and 7-10.

6. Free Atlantic Reporter books- All the New Jersey, Pennsylvania and Delaware cases Atlantic 2d Vol 100- 408 [up to 1980] We need to make space for more computers in the office, so we are getting rid of all our Atlantic 2d books. Call this week if you want to pick up 732-572-0500

7. Tables available to borrow. Having a party, First Communion, Graduation?- Friends can borrow our Folding Tables, wooden folding chairs, outdoor tarp/ tent 8 x 8, steam trays, coolers. I had my first summer party back when I was in college. I have accumulated tables and other social event items. We keep these tables, etc in the garage at the law office. If you want to borrow, just call office to arrange time to pick up. Just bring back clean and don’t break them. 732-572-0500

Kenneth Vercammen Law Office 25th Anniversary Party Friday, July 30, 2010

2010-07-01T19:27:00.000-07:00

Kenneth Vercammen Law Office
25th Anniversary Party
Friday, July 30, 2010

"Celebrating 25 years of providing excellent service to clients and the community"
1985-2010
Happy Hour, Open House, Client & Community Appreciation Social. Open to the public 4-7 PM

Food, Refreshments, T- shirts and special gifts

The Law office is located at 2053 Woodbridge Avenue, Edison, NJ 08817 near the Nixon Post Office, approximately 1/2 mile from Route 1/ Wick Plaza, and 1 mile from Middlesex County College. There is 50 parking spaces nearby on Russell Ave. and Lillian St. around the corner from Kim’s Kafe, on Woodbridge Ave. near the Green Derby Tavern, and across the street on School House Lane.
Visit our website at www.njlaws.com for Directions and other details or call and we will fax directions or email at KenV@njlaws.com

Kenneth Vercammen, Esq. at (732) 572-0500(Law office)
Fax form to 732-572-0030 or email
kenvnjlaws@verizon.net

-Yes, We will be attending the party

Name: _____________________________
email: _____________________________
http://www.kennethvercammen.com/25th.party.html

10 Estate Planning Ideas for Single moms

2010-02-26T14:13:00.001-08:00

10 Estate Planning Ideas for Single moms

By Kenneth A. Vercammen, Esq
There may come a time when a parent is unable, due to physical or mental incapacity, to take care of her minor children. If a parent dies, the minor children will need a guardian. In these circumstances, those caring for the children, as well as the courts will need direction. By writing and executing a Will, which includes instructions on guardianship one may select someone, either individually or jointly, with the legal authority to act for minor children and assume control over the assets of the children. Estate planning, which includes the execution of a Will, is just as important for moms with minor children as they are for senior citizens.

Where there’s No Will …

If you do not write a Will, the State has already written one for you. Your assets go to whoever a state law says receives the assets, or to the government itself! A Will should be a statement to the things you truly care about: your children, your parents, your friends, your Church and charities. You can consider remembering your church or school.

As average Americans, we work 80,000 hours in a lifetime, or 45 to 55 years. In spite of all our resources and the assets we earn during our lifetime, the vast majority of Americans do not take the time to create the legal instructions to guide the court or a guardian upon their death. National statistics indicate that more than 50% of Americans die without leaving a will. In the absence of a will or other legal arrangement to distribute property at death, the State must step in to administer the estate and decide who gets custody of your children and handles your money. This process is called the law of intestacy. The result can be lengthy delays in the distribution of your estate, court battles between relatives and your children being raised by someone you do not favor. Without a Will, your family will have to pay substantial costs for accountants, attorneys, bonding companies and probate fees.

If You Have No Will:

If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:

1. People you dislike or people who dislike and ignore you may get some of your assets.
2. State law determines who gets assets, not you
3. Additional expenses will be incurred and extra work will be required to qualify an administrator-Surety Bond, additional costs and legal fees
4. You Lose the opportunity to try to reduce Estate Tax, State inheritance taxes and Federal estate taxes
5. A Judge determines who gets custody of children. A greedy brother or crazy mother in law could ask the court for custody.
6. It probably will cause fights and lawsuits within your family
7. The procedure to distribute assets becomes more complicated
8. The father of your children may try to control the assets of your children and not properly spend the money
In planning, make sure your assets go to your loved ones or favorite charity, not an "ex". Therefore, you may wish to do the following:

1) Have an Elder Law attorney prepare a Will to distribute your assets to the people you care about the most. If you already have a Will, prepare a new Will and have the old Will revoked. (Your estate planning attorney will explain this to you.)
2) Prepare a Power of Attorney to select someone to handle your finances if you become disabled. Have your old power of attorney revoked.
3) Select the correct beneficiary on assets you may own, such as stocks, bank accounts, IRA, and other financial assets.
4) Change your beneficiary under your own life insurance, whether whole life insurance or term insurance.
5) Contact your employer's human resources and change the beneficiary on life insurance, pension, stock options or other employee benefits. Note that if you are not yet divorced, your spouse may have to sign a written waiver permitting you to change beneficiaries.
6) If you are not divorced or separated from the father, keep your personal papers at a location where an ex-spouse or the child's parent can't destroy them.
7) If you have minor children, nominate someone under a Will to serve as guardian to the children. Although the surviving parent obviously has first right of custody of children, they may not even want custody.
8) Make sure the trustee for any funds designated for your children is the "right" trustee.
9) Have your attorney prepare a prenuptial agreement, if you decide to get married, so your children can inherit your assets. ) If you get married, have a formal prenuptial agreement prepared by an attorney so your children, not new spouse, receives your assets if you pass away.
10) In New Jersey, if you are still married and living with a spouse, under certain instances the surviving spouse has a right to "elect against the will". The disinherited spouse may like to elect against the Will and try to obtain one third of the estate. Your attorney can explain how you can protect yourself and your children.

ESTATE PLANNING TO PROTECT YOUR CHILDREN

Guardians
Most individuals appoint the parent to act as Guardian of the person and property of their minor children. It is suggested that your Will include a clause which provides that in the event the father predeceases you, or is unsuitable or ceases to act as Guardian of the person and property of your minor children, you appoint a trusted family member or close friend to act as successor Guardian of the person and property of your minor children.

Trustee
Select a trusted person, a close relative or friends, who will invest and hold your children's money. In your Will you can instruct the Trustee to apply amounts of income and principal as they, in their sole discretion, deem proper for the health, maintenance, education, welfare, or support of your children or other minors. Direct that the trustee shall accumulate any income not needed for the above purposes, paying and transferring the portion held in trust to the beneficiary upon his or her attaining the age of majority or whichever age you select.

Children born after you sign the Will
Many people direct that the provisions of their Will also applies to afterborn children. Accordingly, if you have any additional children subsequent to the execution of this Will, then wherever you have designated only your named children, you intend that all of your children shall share equally in the relevant provisions of your Will.
In addition to having a formal Last Will and Testament individuals are encouraged to have a Power of Attorney and also Living Will. Moreover, we also recommend they plan ahead and write messages to their family and anticipated executor detailing their specific desires regarding funeral and burial. Written instructions to your family and executor containing information and guidance will minimize uncertainty, confusion, and possible oversights following your death.

Conclusion
While the preceding article contains possible items to be discussed with your family, attorney and executor, the article is by no means exhaustive. A number of these items may not be applicable in your situation, and probably there are many others that are applicable. The essential element is to spend some time now considering what you should tell those most closely associated with you to facilitate their handling of your affairs upon your death.
About the Author:

Kenneth Vercammen is a Litigation Attorney in Edison, NJ, approximately 19 miles north of Princeton. He often lectures for the American Bar Association and New Jersey State Bar Association on personal injury, criminal / municipal court law and practices to improve service to clients. He has published 125 articles in national and New Jersey publications on legal topics. He has served as a Special Acting Prosecutor in seven different cities and towns in New Jersey. He has spoken on Wills and Elder law on numerous occasions to the Adult Community Schools in Metuchen, Sayreville, Old Bridge, South Brunswick and Edison/Clara Barton Seniors and Perth Amboy Seniors.
In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, arbitration hearings and contested hearings.
He is also a popular speaker for the American Bar Association's General Practice Section and Law Practice Management Section.
Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court), with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.
Call our office to schedule a confidential appointment 732-572-0500

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

NJ Laws Email Newsletter E323 Kenneth Vercammen, Attorney at Law December 22, 2009

2009-12-26T12:03:00.000-08:00

NJ Laws Email Newsletter E323
Kenneth Vercammen, Attorney at Law

December 22, 2009

In This Issue:
1. Happy Holidays and Merry Christmas
2. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation
and Other Dangerous Conditions in Abutting Sidewalks
3. GMC Greater Middlesex County Wrestling Individual Preseason Rankings
4. New YouTube Videos

Phone:(732) 572-0500

1. Happy Holidays and Merry Christmas
One of the pleasures of this holiday season is to thank our clients, friends, and
professionals for their friendship, goodwill and pleasant association. We sincerely
appreciate our relationships and are thankful for the confidence many people have
shown in us this year. We want to take the time to extend Season's Greetings and
our sincere gratitude because it is friends and new clients for helping our business
grow.

In the true spirit of the season, may we all be thankful and share in the hope for
peace on earth and goodwill toward our fellow man. May the New Year bring happiness
and good health to you and those you love.

Link to Frizby dog:
http://www.kennethvercammen.com/Seasons_greetings2009.html [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.kennethvercammen.com%2FSeasons_greetings2009.html&id=preview]

We hope you have enjoyed the NJ Laws Newsletter, produced by the Law Office. We
spend hundreds of hours each year researching relevant cases, new laws and creating
website articles for our clients and readers. We mailed to clients our 2010 American
Flag calendar and a business card to clients during the first week of December.

Please share a business card with a friend or co-worker. Client recommendation
is a very important source of new clients to us.

After December 27 we will have some additional American Flag calendars available.
If you would like additional copies to give to friends, family or co-workers, stop
in our office. Share the Flag and support the USA- America is #1.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

2. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks.

No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak with a personal injury attorney immediately to retain
all your rights. The stores are responsible for the maintenance of their premises
which are used by the public. It is the duty of the store to inspect and keep said
premises in a safe condition and free from any and all pitfalls, obstacles or traps
that would likely cause injury to persons lawfully thereon.

The law imposes upon the owner of commercial or business property the duty to use
reasonable care to see to it that the sidewalks abutting the property are reasonably
safe for members of the public who are using them. In other words, the law says
that the owner of commercial property must exercise reasonable care to see to it
that the condition of the abutting sidewalk is reasonably safe and does not subject
pedestrians to an unreasonable risk of harm. The concept of reasonable care requires
the owner of commercial property to take action with regard to conditions within
a reasonable period of time after the owner becomes aware of the dangerous condition
or, in the exercise of reasonable care, should have become aware of it.
If there was a condition of this sidewalk that was dangerous in that it created
an unreasonable risk of harm for pedestrians, and if the owner knew of that condition
or should have known of it but failed to take such reasonable action to correct
or remedy the situation within a reasonable period of time thereafter as a reasonably
prudent commercial or business owner would have done under the circumstances, then the owner is negligent.

If you are injured, after seeking medical treatment and advising the store/mall,
CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for an Appointment.

More info at:http://www.njlaws.com/fall_down_injuries_on_snow.htm [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.njlaws.com%2Ffall_down_injuries_on_snow.htm&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

3. GMC Greater Middlesex County Wrestling Individual Preseason Rankings

171

1. Brendan Vercammen, South Brunswick

2. Frank Bozzomo, Middlesex

3. Steve Zafrani, Old Bridge

4. Hunter Pipala, Monroe

5. Matt Cumber, Perth Amboy

6. Ben Caturano, North Brunswick

189

1. Mike Wagner, South Plainfield

2. Nick Orak, Old Bridge

3. Jeff Goldhagen, South Brunswick

4. Tyler Rios, Highland Park

5. Frank Maglione, J.F. Kennedy

All weights at:

http://blogs.mycentraljersey.com/onthemat/2008/12/15/gmc-individual-preseason-rankings/
[http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fblogs.mycentraljersey.com%2Fonthemat%2F2008%2F12%2F15%2Fgmc-individual-preseason-rankings%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

4. New YouTube Videos
[http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DFHqJ9kYPMf0&id=preview]
Fighting Insurance Companies When You Have Been Injured in an Accident [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DFHqJ9kYPMf0&id=preview]
What to do in an Automobile Accident and Collision With Personal Injuries [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DdOKQT09lWFQ&id=preview]
[http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DpF7i9uxAwUQ&id=preview]
Bail Reduction Motions and Reducing Bail [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DpF7i9uxAwUQ&id=preview]

DMV Suspensions and Hearings [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DppZaPa8RRYQ&id=preview]

Scar and Disfigurement Cases Scars After Accidents [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DdBM6ACa2K1Q&id=preview]
Burn and Fire Injuries [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D-epy19dz_oE&id=preview]

Leaving scene of accident 39 4 129 [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DiZMkpF5sMUc&id=preview]
Careless Driving 39 4 97 [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DfzKIrJUPI1g&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Editorial Assistance of this email newsletter was provided by Valerie Brown. Ms. Brown is currently participating in Kenneth Vercammen's Winter Break Internship
Program and is a senior at Muhlenberg College.

Posted by Kenneth Vercammen NJ Law Blog
at 2:12 PM

NJ Laws Email Newsletter E322 December 9, 2009 In This Issue: RECENT CASES: 1. In DWI Case, State Must Provide 20 Minute Observation of Driver Prior

2009-12-26T12:00:00.000-08:00

NJ Laws Email Newsletter E322

December 9, 2009

In This Issue:
RECENT CASES:
1. In DWI Case, State Must Provide 20 Minute Observation of Driver Prior to Breath
Test by Clear and Convincing Evidence, but Arresting Officer can Testify as Part
of 20 Minutes. State v Urgrovics
2. If You Have No Will
3. Happy Holidays & Season's Greetings!
4. Lyrics to Holiday Songs
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Greetings,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

1.In DWI Case, State Must Provide 20 Minute Observation of Driver Prior to Breath Test by Clear and Convincing Evidence, but Arresting Officer can Testify as Part of 20 Minutes. State v Urgrovics ___ NJ Super.___ A-4906-08T4 12-02-09

This appeal concerns the admissibility of the results of an Alcotest. By leave granted, the State appeals from the order of the Law Division suppressing the results of the Alcotest because the arresting officer, rather than the Alcotest operator, was the person who observed defendant during the twenty minutes prior to him taking the test. In reaching this conclusion, the trial court relied on what it characterized as the "procedures" mandated by the Supreme Court in State v. Chun, 194N.J. 54,cert. denied, ____ U.S. ____, 129 S. Ct. 158, 172 L. Ed. 2d 41(2008). The court reverses. The court held that the State is only required to establish that the test subject did not ingest, regurgitate or place anything in his or her mouth that may compromise the reliability of the test results for a period of at least twenty minutes prior to the administration of the Alcotest. The State can meet this burden by calling any competent witness who can so attest.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

2. If You Have No Will:
Compiled By Kenneth Vercammen, Esq.
If you leave no Will or your Will is declared invalid because it was improperly
prepared or is not admissible to probate:
* State law determines who gets assets, not you

* Additional expenses will be incurred and extra work will be required to qualify
an administrator-Surety Bond, additional costs and legal fees

* Judge determines who gets custody of your children

* Possible additional State inheritance taxes and Federal estate taxes

* If you have no spouse or close relatives the State may take your property

* The procedure to distribute assets becomes more complicated

* It may also cause fights and lawsuits within your family

When loved ones are grieving and dealing with death, they shouldn't be overwhelmed
with Financial concerns.

Who don't you want to receive your assets?

Who is not the best choice to raise your children, or safeguard your children's
money for college?

Do you want children, or grandchildren, to get money when they turn 18? Will they invest money wisely, or go to Seaside and play games?

THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH SHOULD BE INCLUDED
IN A WILL:

1ST: DEBTS AND TAXES
2ND: SPECIFIC BEQUESTS
3RD: DISPOSITION TO SPOUSE
4TH: DISPOSITION OF REMAINDER OF ESTATE
5TH: CREATION OF TRUSTS FOR SPOUSE
6TH: CREATION OF TRUST FOR CHILDREN
7TH: OTHER BENEFICIARIES UNDER 21
8TH: EXECUTORS
9TH: TRUSTEES
10TH: GUARDIANS
11TH: SURETY OR BOND
12TH: POWERS
13TH: AFTERBORN CHILDREN
14TH: PRINCIPAL AND INCOME
15TH: NO ASSIGNMENT OF BEQUESTS
16TH: GENDER
17TH: CONSTRUCTION OF WILL

18TH: NO CONTEST CLAUSE

A Will must not only be prepared within the legal requirements of the New Jersey
Statutes but should also be prepared so it leaves no questions regarding your intentions.

WHY PERIODIC REVIEW IS ESSENTIAL
Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will.

Some of these are:

* Marriage, death, birth, divorce or separation affecting either you or anyone named
in your Will

* Significant changes in the value of your total assets or in any particular assets
which you own

* A change in your domicile

* Death or incapacity of a beneficiary, or death, incapacity or change in residence
of a named executor, trustee or guardian of infants, or of one of the witnesses to the execution of the Will

* Annual changes in tax law

* Changes in who you like

MAY I CHANGE MY WILL?
Yes. A Will may be modified, added to, or entirely changed at any time before your
death provided you are mentally and physically competent and desire to change your
Will. You should consider revising your Will whenever there are changes in the
size of your estate. For example, when your children are young, you may think it
best to have a trust for them so they do not come into absolute ownership of property
until they are mature. Beware, if you draw lines through items, erase or write
over, or add notations to the original Will, it can be destroyed as a legal document.

Either a new Will should be legally prepared or a codicil signed to legally change
portions of the Will.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

3. Happy Holidays & Season's Greetings!

Wesoly Siat, Bozega Narodzenia (Merry Christmas in Polish)

FROHE

WEIHNACHTEN

PRÓSPERO AÑO NUEVO

HAPPY NEW YEAR

FRIEDEN

GLÜCKLICHES NEUES JAHR
JOYEUX NOËL

PRETTIGE

KERSTDAGEN

GELUKKIG

NIEUWJAAR
BUON

NATALE
BONNIE ANNEE

HYVÄÄ JOULU

More Holiday cheer at this great site:

http://holidays.blastcomm.com/ [http://rs6.net/tn.jsp?t=ejtcgedab.0.0.be4bcacab.0&ts=S0431&p=http%3A%2F%2Fholidays.blastcomm.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

4. Lyrics to Holiday Songs
Go to Website: http://www.christmas-lyrics.org/ [http://rs6.net/tn.jsp?t=ejtcgedab.0.0.be4bcacab.0&ts=S0431&p=http%3A%2F%2Fwww.christmas-lyrics.org%2F&id=preview]
for lyrics to the following songs:
Silent Night Lyrics

Baby Its Cold Outside
Santa Baby
Carol Of The Bells
Jingle Bells
Where Are You Christmas
Holy Night
We Wish You A Merry Christmas
Last Christmas
Deck The Halls
Jingle Bell Rock
All I Want For Christmas Is You
Auld Lang Syne
Have Yourself A Merry Little Christmas Lyrics
White Christmas
Santa Claus Is Coming To Town
Winter Wonderland
Christmas Shoes
Little Drummer Boy
I Want A Hippopotamus For Christmas
Let It Snow Song
Grandma Got Run Over By A Reindeer
Joy To The World
Rocking Around The Christmas Tree
Frosty The Snowman
What Child Is This
Plus, lyrics to that classic Christmas song that no one knows the words. [just like
no one knows the words to Louie, Louie]
You're a Mean One, Mr. Grinch
You're a mean one, Mr. Grinch.
You really are a heel.
You're as cuddly as a cactus,
You're as charming as an eel.
Mr. Grinch.
You're a bad banana
With a greasy black peel.
You're a monster, Mr. Grinch.
Your heart's an empty hole.
Your brain is full of spiders,
You've got garlic in your soul.
Mr. Grinch.
I wouldn't touch you, with a
thirty-nine-and-a-half foot pole.
You're a vile one, Mr. Grinch.
You have termites in your smile.
You have all the tender sweetness
Of a seasick crocodile.
Mr. Grinch.
Given the choice between the two of you
I'd take the seasick crockodile.
You're a foul one, Mr. Grinch.
You're a nasty, wasty skunk.
Your heart is full of unwashed socks
Your soul is full of gunk.
Mr. Grinch.
The three words that best describe you,
are, and I quote: "Stink. Stank. Stunk."
You're a rotter, Mr. Grinch.
You're the king of sinful sots.
Your heart's a dead tomato splot
With moldy purple spots,
Mr. Grinch.
Your soul is an apalling dump heap overflowing
with the most disgraceful assortment of deplorable rubbish imaginable,
Mangled up in tangled up knots.
You nauseate me, Mr. Grinch.
With a nauseaus super-naus.
You're a crooked jerky jockey
And you drive a crooked horse.
Mr. Grinch.
You're a three decker saurkraut and toadstool
sandwich
With arsenic sauce.
Copyright © 1957, Dr. Seuss. Author: Dr. Seuss

NJ Laws Email Newsletter E321 December 2, 2009

2009-12-19T13:04:00.001-08:00

NJ Laws Email Newsletter E321 December 2, 2009
Kenneth Vercammen, Attorney at Law
In this Issue
1 In DWI case State must provide 20 minute observation of driver prior to breath test by clear and convincing evidence, but arresting officer can testify as part of 20 minutes State v Urgrovics__ NJ Super. __ A-4906-08T4 12-02-09
This appeal concerns the admissibility of the results of an Alcotest. By leave granted, the State appeals from the order of the Law Division suppressing the results of the Alcotest because the arresting officer, rather than the Alcotest operator, was the person who observed defendant during the twenty minutes prior to him taking the test. In reaching this conclusion, the trial court relied on what it characterized as the "procedures" mandated by the Supreme Court in State v. Chun, 194 N.J. 54, cert. denied, ____ U.S. ____, 129 S. Ct. 158, 172 L. Ed. 2d 41(2008). The court reverses. The court held that the State is only required to establish that the test subject did not ingest, regurgitate or place anything in his or her mouth that may compromise the reliability of the test results for a period of at least twenty minutes prior to the administration of the Alcotest. The State can meet this burden by calling any competent witness who can so attest.

2. HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
Wesoly Siat, Bozega Narodzenia (Merry Christmas in Polish)
FROHE
WEIHNACHTEN
PRÓSPERO AÑO NUEVO
HAPPY NEW YEAR
FRIEDEN
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE
KERSTDAGEN
GELUKKIG
NIEUWJAAR
BUON
NATALE
BONNIE ANNEE
HYVÄÄ JOULUA

More Holiday cheer at this great site: http://holidays.blastcomm.com/
Click on that website for music cards

3. Lyrics to Holiday songs Also see http://www.christmas-lyrics.org/
Silent Night Lyrics
Baby Its Cold Outside Lyrics
Santa Baby Lyrics
Carol Of The Bells Lyrics
Jingle Bells Lyrics
Where Are You Christmas Lyrics
Holy Night Lyrics
We Wish You A Merry Christmas Lyrics
Last Christmas Lyrics
Deck The Halls Lyrics
Jingle Bell Rock Lyrics
All I Want For Christmas Is You Lyrics
Auld Lang Syne Lyrics
Have Yourself A Merry Little Christmas Lyrics
White Christmas Lyrics
Santa Claus Is Coming To Town Lyrics
Winter Wonderland Lyrics
Christmas Shoes Lyrics
Little Drummer Boy Lyrics
I Want A Hippopotamus For Christmas
Let It Snow Song Lyrics
Grandma Got Run Over By A Reindeer
Joy To The World Lyrics
Rocking Around The Christmas Tree
Frosty The Snowman Lyrics
What Child Is This

Plus, lyrics to that classic Christmas song that no one knows the words. [just like no one knows the words to Louie, Louie]

You're a Mean One, Mr. Grinch

You're a mean one, Mr. Grinch.
You really are a heel.
You're as cuddly as a cactus,
You're as charming as an eel.
Mr. Grinch.

You're a bad banana
With a greasy black peel.

You're a monster, Mr. Grinch.
Your heart's an empty hole.
Your brain is full of spiders,
You've got garlic in your soul.
Mr. Grinch.

I wouldn't touch you, with a
thirty-nine-and-a-half foot pole.

You're a vile one, Mr. Grinch.
You have termites in your smile.
You have all the tender sweetness
Of a seasick crocodile.
Mr. Grinch.

Given the choice between the two of you
I'd take the seasick crockodile.

You're a foul one, Mr. Grinch.
You're a nasty, wasty skunk.
Your heart is full of unwashed socks
Your soul is full of gunk.
Mr. Grinch.

The three words that best describe you,
are, and I quote: "Stink. Stank. Stunk."

You're a rotter, Mr. Grinch.
You're the king of sinful sots.
Your heart's a dead tomato splot
With moldy purple spots,
Mr. Grinch.

Your soul is an apalling dump heap overflowing
with the most disgraceful assortment of deplorable
rubbish imaginable,
Mangled up in tangled up knots.

You nauseate me, Mr. Grinch.
With a nauseaus super-naus.
You're a crooked jerky jockey
And you drive a crooked horse.
Mr. Grinch.

You're a three decker saurkraut and toadstool
sandwich
With arsenic sauce.
Copyright © 1957, Dr. Seuss. Author: Dr. Seuss

NEEDS TO BE REVISED…………………
ADD AFTER WWW.NJLAWS.COM

Facebook:
http://www.facebook.com/kenneth.vercammen?ref=name
Our Law blogs:

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NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at: vercammennewsletter@verizon.net
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"Celebrating more than 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.

Advance Directives for Gay & Lesbian

2009-11-27T17:14:00.000-08:00

KENNETH VERCAMMEN – resume and community involvement

2009-11-14T16:24:00.001-08:00

KENNETH VERCAMMEN – resume and community involvement
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.njlaws.com
Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney who has published 125 articles in national and New Jersey publications on probate, estate planning, criminal and litigation topics. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association.
Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association.   He is the past chair of the NJ State Bar Association Municipal Court Section. He is the Deputy chair of the ABA Criminal Law committee, GP Division. Kenneth Vercammen was selected one of only three attorneys as a Super Lawyer 2009 in NJ Monthly in the Criminal - DWI.
He is a highly regarded lecturer on litigation issues for the American Bar Association, ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published by New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the New Jersey Municipal Court Law Review. Mr. Vercammen is a recipient of the NJSBA- YLD Service to the Bar Award. He has successfully handled over One thousand Municipal Court and Superior Court matters in the past 18 years.

Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court),with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA. He started his career as a trial attorney for Drazin & Warshaw in Hazlet and Red Bank, NJ, and Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl in North Brunswick.

ADMISSIONS: Admitted In NJ, NY, PA, US Supreme Court and Federal District Court

MANAGING ATTORNEY Kenneth Vercammen & Associates, PC March 1990-Present
Full service Law practice with offices in Edison and Cranbury.

PROSECUTOR Township of Cranbury, Middlesex County, NJ 1991-1999
Municipal Prosecutor for criminal and traffic cases involving Township and State Police
-Acting Assoc. Prosecutor: Carteret Municipal Court, Middlesex County, NJ 2000

EDITOR- NJ MUNICIPAL COURT LAW REVIEW 1993- present

Middlesex County Bar Association 2008 Municipal Court Attorney of the Year

NJ State Bar Association- 2005-2006 Municipal Court Attorney of the Year Award

New Jersey Super Lawyers selection 2009, 2008, 2007, 2006

Who's Who in America 2004

NJ State Bar Association- 2002 General Practitioner of the Year Award

1993 AWARD WINNER "Service to the Bar Award"- New Jersey State Bar Association YLD

RELEVANT LITIGATION SPEAKING ENGAGEMENTS:
-Criminal, DWI and Drug Cases- NJ State Bar Annual Meeting 2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002, 01, 00, 99
-Civil Trial Practice- Middlesex Bar 2004
-Personal Injury Litigation- NJ Institute for Continuing Legal Education/ NJ State Bar
2001, 2000,1999,1998,1997,1996,1995,1994,1993,1991
-Municipal Court Handling Serious Cases ICLE/NJSBA-2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002,2001,2000,1998,1997,1995,1994
-NJ Association of Municipal Court Administrators 2002
-Edison Police Auxiliary- Search and Seizure 2002
-New Jersey Network TV- Due Process TV show 2000
-Cablevision TV- Law on the Line 2003, 2001
-Elder Law and Probate NJSBA/ ICLE 2009, 2008, 2007, 2006, 2005, 2004, 03,02,01,99,98,97,96

PUBLICATIONS:
Published 150 separate Law Review and Legal Periodical articles in legal journals such as New Jersey Law Journal, American Bar Association Barrister, New Jersey Lawyer, ABA Law Practice Management, and New Jersey State Bar Association's Dictum. Listed on www.njlaws.com.

KENNETH VERCAMMEN, ESQ.

RECENT SPEAKING ENGAGEMENTS ON WILLS, ELDER LAW, AND PROBATE
East Brunswick Adult School 2009, 2008
Middlesex County Police Chiefs 2009- Living Wills
Middlesex County College- Wills & Probate 2007
Edison Adult School -Wills, Elder Law & Probate- 2007, 2006, 2005, 2004, 2003, 2002 [inc Edison TV], 2001, 2000,1999,1998,1997
- Nuts & Bolts of Elder Law - NJ Institute for Continuing Legal Education/ NJ State Bar ICLE/NJSBA 2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002, 2000, 1999, 1996
-Elder Law and Estate Planning- American Bar Association New York City 2008, Miami 2007
South Plainfield Seniors- New Probate Law 2005, East Brunswick Seniors- New Probate Law 2005
Old Bridge AARP 2002; Guardian Angeles/ Edison 2002; St. Cecilia/ Woodbridge Seniors 2002;
East Brunswick/ Hall's Corner 2002;
-Linden AARP 2002
-Woodbridge Adult School -Wills and Estate Administration -2001, 2000,1999,1998,1997,1996
Woodbridge Housing 2001; Metuchen Seniors & Metuchen TV 2001; Frigidare/ Local 401 Edison 2001; Chelsea/ East Brunswick 2001, Village Court/ Edison 2001; Old Bridge Rotary 2001; Sacred Heart/ South Amboy 2001; Livingston Manor/ New Brunswick 2001; Sunrise East Brunswick 2001; Strawberry Hill/ Woodbridge 2001;
-Wills and Elder Law - Metuchen Adult School 1999,1997,1996,1995,1994,1993
-Clara Barton Senior Citizens- Wills & Elder Law-Edison 2002, 1995
-AARP Participating Attorney in Legal Plan for NJ AARP members 1999-2005
-Senior Legal Points University of Medicine & Dentistry UMDNJ & St. Peter's-2000, 1999,1998
-East Brunswick AARP Wills 2001; -Iselin/ Woodbridge AARP Wills 2000
-Metuchen Reformed Church; Franklin/ Somerset/ Quailbrook Seniors 2001
-North Brunswick Senior Day 2001
-Wills, Elder Law and Probate-South Brunswick Adult School & Channel 28 TV 1999, 1997,1993
-Wills and Estate Planning-Old Bridge Adult School 1998,1997,1995
-Senior Citizen Law-Perth Amboy YMHA 1995; Temple Beth Or 2002;
-Wills, Living Wills and Probate-Spotswood Community School 1995,1994,1993
-Wills and Probate-Sayreville Adult School 1997, 1996,1995,1994
-Living Wills-New Jersey State Bar Foundation and St. Demetrius, Carteret 1994
-Wills and Estate Planning-Edison Elks and Senior Citizens January 1994
-"Legal Questions Clinic" Metuchen Adult School March 1995,1994,1993
-Estate Planning to Protect Families-Metuchen Chamber of Commerce April 1993

SPECIAL ACTING PROSECUTOR: Woodbridge, East Brunswick, Metuchen, South Brunswick, Perth Amboy, Cranbury, South Plainfield, Clark, South River, Hightstown, Carteret, Jamesburg, Berkeley Heights on conflict matters. Past President- Middlesex Municipal Prosecutor's Association. Previous experience with the Delaware County, Pennsylvania District Attorney Office, Middlesex County Probation Department and Scranton District Magistrate Office.

Metuchen Public Defender 2001- present Edison Public Defender 1990-1991

KENNETH VERCAMMEN- Community Service

NON- PROFIT: -Edison Elks-Presiding Justice 1993- Present
-Y.B. CHOI TAE KWON DO (Korean Karate)- 4th degree Black Belt awarded 2008 3rd degree 2004 ; 2nd degree December 1993, 1st degree Black Belt December 2001
-Raritan Valley Road Runners- Comeback of the Year Award 2002 and ranked Master Distance Runner; state champion 20,000 meter team 2005

New Jersey State Age Group Champion Garden State Games 5,000 meter run 1993
-Bishop Ahr/St. Thomas Aquinas H.S. Alumni Society
Elected Vice-President 1989-1990; Class of 1977- 25 year Reunion Chair
-Edison 14th District Committeeman Elected 1988-1994
-St. Francis Cathedral- Church Lector 1990-1994
-University of Scranton, North Jersey Alumni Chapter Co-Chair, Fall Social 1988
-Knights of Columbus-Fourth Degree Knight, Edison Council
Edison NJ Essay Contest Chair 1992,1993
Metuchen Chamber of Commerce, Past member Edison Chamber of Commerce;
RUNNING:
Raritan Valley Road Runners RVRR Rumson HashHouse Harriers
Central Jersey Road Runners CJRR Jersey Shore Triathlon Club JSTC
Freehold Area Running Club FARC Scranton Area Organization Runners SOAR
Jersey Shore Running Club JSRC USATF- US Athletic Track & Field
Sandy Hook Triathlon Club First Place- Bergen Bar 5k Law Day Run May 2001 South Brunswick Running Group- President First Place- CJRR Summer 5K 2002
First Place: Cocoa Beach 2 mile 2008, 2007; Cranford Run for Lupus 4 mile 2006, JSRC Twilight run 2006. Indian Trials Middletown 3m 2005,2004; Stroudsburg 5k 2005, 2004; Wildwood 5k, Ocean Winter 4 mile, Edison Lannie 5k, 2004; Washington DC Run for Justice 5K 2002
CJRR Age group champ 2005,2004, 2002, 1996, 1995
New York Marathon top 100 NJ Finisher

ACTIVITIES: Married 1989, one son born 1991, daughter born 1994
Weekend Road Running Races, Triathlons, Soccer
Tae Kwon Do Karate

SOUTH BRUNSWICK AREA
Summer Blast/Ireland Brook Neighborhood Sponsor
So. Brunswick Soccer Asst. Coach Travel 2007, 2006, 2005, 2004, 2003, 2002, 2001, 2000, 1999, 98
So. Brunswick Athletic Assoc.-Team Sponsor and helper with son's team
So. Brunswick Viking 5k- volunteer
South Brunswick 5K running Race volunteer
So. Brunswick Bicentennial Volunteer
Neighborhood Picnic Sponsor 1998-2009
So. Brunswick 50 Mile Bike Volunteer and 50 mile Finisher
Holt for Congress Volunteer

CHARITABLE: American Cancer Society-Chairman
Annual Summer Fundraiser Picnic- 1987,88,89,90,91,92
Chairman, Annual Christmas Fundraiser- 1987,88,89,90,911,92
Recipient-Young Professionals Award-Sept. 1988, Sept. 1989
Board of Manager's - 1989-1994 Founder and Chair-Young Professionals Group

KENNETH VERCAMMEN, ESQ. Education & Awards

LEGAL EDUCATION: The Widener/ Delaware Law School, J.D., May 1985
Class Rank: Top Ten Percent
Awards: Honor Grades: Federal Income Tax, Business Organization, Criminal Law, Advanced Advocacy, Family Law, New Jersey Practice, Unfair Trade Practices, Professional Liability.
Outstanding Service Award Recipient in Graduation Ceremony
Delaware Merit Scholarship - 1983, 1984
Provincial Winner - Phi Delta Phi Legal Honor Fraternity Graduate of the Year Award
Who's Who in American Law Schools

ACTIVITIES:
Law Review- Senior Staff-Member
Harvard Journal of Law and Public Policy, Senior Editor 1984-1985
Winner - Sixth Annual Trial Advocacy Competition
First Prize - Delaware Law School/ATLA Environmental Law Essay Contest
Delaware Law Forum, Casenote Editor

Working Scholar- Hon. Philip Gruccio, Assignment Judge of Atlantic, Cumberland, Cape May, Salem Counties
Association of Trial Lawyers of America, Delaware Chapter Treasurer
Law School Running Club - President
Research Assistant - Dean Arthur Weeks
Publications- Published in Law Review and wrote more articles than 75% of law faculty members

PRELEGAL EDUCATION: University of Scranton B.S., January 1981
Major: Political Science: Graduated Cum Laude in 3-1/2 years
Honors:
- Cited in Who's Who in American Colleges and Universities;
- Dean's List; Pi Gamma Mu Honor Society; Pi Sigma Alpha Honor Society.
- Varsity Cross- Country - Team Captain and Record Holder of Indoor Half-Mile
- District Magistrate Thomas Hart- Paid Law Clerk/ Executive Assistant
- Pre-Law Society Public Relations Director
- Voter Registration Drive Coordinator
- Internship with Pa. Representative Hon. Fred Belardi
- School Newspaper Staff and Sportswriter
- WYRE radio station sports caster
- 3rd Place Wrestling Tournament
- Campus Bowl Intellectual Competition (Team Captain)
- Trustee Day Volunteer, Red Cross Blood Drive Volunteer
- Senior Class - Hard Rockers Social Committee Chair
-Alumni Society-Estate Planning Council 1997-Present
- Class of 1981 20 year Reunion Executive Committee member 2001 -25 Year Reunion Co-chair

KENNETH VERCAMMEN
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
The American Bar Association is the largest voluntary professional organization in the world with more than 400,000 members

AMERICAN BAR ASSOCIATION - National Appointments:

General Practice Solo & Small Firm Division
-Estate Planning, Probate & Trust Committee- Chair 2008-2009, 2006-2007
-Elder Law Committee Chair 2005- present, Vice Chair 1996-1999
- Criminal Law Committee Deputy Chair 2006-present
- Tort, Personal Injury and Insurance Committee Chair 2005- 2006
-Deputy Chair and Newsletter Editor-GP Marketing Legal Services Committee 1993 -1996
- Probate & Estate Planning Committee- Newsletter Editor & Vice Chair 1997-1999, Vice Chair 2005
-Litigation Committee Member 1993 - present

BUSINESS AND AMERICAN BAR ASSOCIATION SPEAKING ENGAGEMENTS:
-Elder Law, Estate and Probate ABA Chicago Annual Meeting
-Elder Law and Probate New York City 2008 Annual Meeting
- Improving Your Elder Law & Estate Practice San Francisco, CA 2007
-Elder Law and Estate Planning- ABA Miami 2007
-Elder Law Practice, New Ethical Ideas to Improve Your Practice for Clients ABA Hawaii 2006
-Marketing Success Stories ABA Toronto 1998
-Opening a Business-Sayreville Adult School 1997,1996,1995
-Olympians of Marketing- ABA Annual Meeting-Orlando, Florida 1996
-Unique Marketing Techniques & Client Relations III ABA Annual Meeting-Chicago 1995
-Starting a Business-Brooklyn Bar Association 1995,1994
-Personal Marketing & Relations - 1995 Miami ABA meeting LPM Personal Marketing Skills IG
co-sponsored by four Major National Bar Sections and committees
-How to Start a Practice-1994 New Orleans ABA Annual Meeting LPM primary sponsor
-1993 New York Annual Meeting "Marketing for Small Firms"

LAW PRACTICE MANAGEMENT SECTION ABA- LPM
-Co-Chair with Jay Foonberg-ABA LPM Personal Marketing Skills Group 1998,1997,1996,1995,1994
-Speaker at many ABA Annual Meetings
-National Liaison and ex-officio member of Law Practice Management Section Council 1993 - 1995
-National Chair - Law Practice Management Committee YLD 1992-1993
-Chair and Newsletter Editor-Marketing Legal Services Committee 1996-1997,1999-2000
ABA Attendance at Leadership Conferences and participation at following Annual and Sectional meetings: Chicago 2009, New York 2008, Philadelphia GP 2007, San Francisco 2007, Washington GP 2007, Miami 2007, Hawaii 2006, Philadelphia LPM 2005; Washington DC 2002; Philadelphia 2002; London 2000, New York 2000, Atlanta 1999, Beverly Hills 1999, Cancun LPM 1998, Naples-LPM 1997; Captiva 1996, Orlando 1996, Coronado LPM 1995, Chicago 1995, Miami 1995, Washington D.C. GP 1995, Vancouver LPM 1995, New Orleans 1995, Napa, CA LPM 1994, Colorado LPM 1993, New York 1993, Boston 1993, San Francisco 1992, Cleveland GP 1992, Scottsdale AZ 1991, Los Angeles 1990, Hawaii 1989, Philadelphia 1988, Toronto 1988, New York City 1986, Washington DC 1985

KENNETH VERCAMMEN
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
New Jersey State Bar Association- Municipal Court Section Chair 2003-2004, Vice Chair 1999-2002; Chair of Municipal Court Education Committee 1996-Present
Middlesex County Bar Association Chair Municipal Court Practice Committee 1997-2008
County Bar Board of Trustees 2000- 2006

New Jersey State Bar Association -General Practice Section-Board of Directors 1995- Present

ADJUNCT PROFESSOR Middlesex County College
Edison, NJ February, 2001-April, 2001; Jan. 1990-May, 1991
Instructor of "Criminal Law and Procedure" and Business Law. Taught college students the elements of crime and the criminal procedure system. Explained the incidents before and after trial and analyzed the impact of the Constitution on crimes and criminal procedures.

New Jersey Superior Court - Certified Mediator 1997-

New Jersey Supreme Court Committee on Municipal Courts 2000-2005

Other Speaking
-Update of Municipal Court-NJSBA Annual Meeting Atlantic City 1999,1997, 95, 94
- Cranbury Twp Municipal Alliance Against Substance Abuse 2004, 2002
-ATLA-NJ - New Jersey Courts 1991
-Intoxicated Driver Resource Center/IDRC - DUI Law 1999, 1991
-Preventing the Impaired Driver-Coalition Against Impaired Drivers 1992
-Winning Lawsuit Threshold Cases NJSBA 1992
-WCTC Radio Mid-Day Legal Advisor - Criminal and Traffic Laws 1991 and 1990
-Computers in Litigation-NJSBA Law Office Management 1994
-Self Defense Law in New Jersey - Cranbury Police Dept. 1997,1993,1992

Self Defense and Home Protection - Speaker - New Brunswick Crime Watch - 1989
-Wills and Power of Attorney 1991 Edison Democratic Association
Defending Speeding Cases - New Jersey State Bar Association/NJSBA - 1989
-Family Law & Domestic Violence Trial Practice NJ State Bar Association 1995,1994,1993
-Automobile Insurance - Middlesex County College - 1990
-Criminal & Juvenile Courts Piscataway Vo Tech – 1990
-Living Wills-Dean Witter and Nordstroms, Menlo Park Mall October 1992; Trusts and Living Wills-Dean Witter, Metro Park, June 1992; Estate Planning-North Brunswick Republican Club May 1992;

Make a Wish Foundation- Co Chair 19th Annual Summer Blast 1994 in Belmar, NJ
Co Chair Christmas Fundraiser 1993
Jersey Shore Medical Center Chair-18th Annual Summer Blast to Benefit the Jersey Shore Regional
Trauma Center at Bar Anticipation, Belmar 1993
American Red Cross Elected to Board of Directors 1988-1991

Simple Assault and Aggravated Assault 2C:12-1

2009-10-24T17:21:00.000-07:00

Advance Directives/ Living Will for Gay & Lesbian Partners

2009-10-24T16:34:00.000-07:00

Power of Attorney for Gay & Lesbian

2009-10-18T18:20:00.000-07:00

Estate Planning Ideas for Single, unmarried parents

2009-10-11T18:21:00.000-07:00

Estate Planning Ideas for Single, unmarried parents

by Kenneth A. Vercammen, Esq

There may come a time when a parent is unable, due to physical or mental incapacity, to take care of his/her minor children. If a parent dies, the minor children will need a guardian. In these circumstances, those caring for the children, as well as the courts will need direction. By writing and executing a Will, which includes instructions on guardianship one may select someone, either individually or jointly, with the legal authority to act for minor children and assume control over the assets of the children. Estate planning, which includes the execution of a Will, is just as important for young families with minor children as they are for senior citizens.

As average Americans, we work 80,000 hours in a lifetime, or 45 to 55 years. In spite of all our resources and the assets we earn during our lifetime, the vast majority of Americans do not take the time to create the legal instructions to guide the court or a guardian upon their death. National statistics indicate that more than 50% of Americans die without leaving a will. In the absence of a will or other legal arrangement to distribute property at death, the State must step in to administer the estate and decide who gets custody of your children and handles your money. This process is called the law of intestacy. The result can be lengthy delays in the distribution of your estate, court battles between relatives and your children being raised by someone you do not favor. Without a Will, your family will have to pay substantial costs for accountants, attorneys, bonding companies and probate fees.

In planning, make sure your assets go to your loved ones or favorite charity, not an "ex". Therefore, you may wish to do the following:

1) Have an Elder Law attorney prepare a Will to distribute your assets to the people you care about the most. If you already have a Will, prepare a new Will and have the old Will revoked. (Your estate planning attorney will explain this to you.)

2) Prepare a power of attorney to select someone to handle your finances if you become disabled. Have your old power of attorney revoked.

3) Select the correct beneficiary on assets you may own, such as stocks, bank accounts, IRA, and other financial assets.

4) Change your beneficiary under your own life insurance, whether whole life insurance or term insurance.

5) Contact your employer's human resources and change the beneficiary on life insurance, pension, stock options or other employee benefits. Note that if you are not yet divorced, your spouse may have to sign a written waiver permitting you to change beneficiaries.

6) If you are not yet divorced, keep your personal papers at a location where an ex-spouse or the child's parent can't destroy them.

7) If you have minor children, nominate someone under a Will to serve as guardian to the children. Although the surviving parent obviously has first right of custody of children, they may not even want custody.

8) Make sure the trustee for any funds designated for your children is the "right" trustee.

9) Have your attorney prepare a prenuptial agreement, if you decide to get married.

10) In New Jersey, if you are married and living with a spouse, under certain instances the surviving spouse has a right to "elect against the will". The disinherited spouse may like to elect against the Will and try to obtain one third of the estate. Your attorney can explain how you can protect yourself and your children.

ESTATE PLANNING TO PROTECT YOUR CHILDREN

IF YOU HAVE NO WILL (LEGALLY REFERRED TO AS "INTESTATE SECESSION"):

If you leave no Will or your Will is declared invalid, because it was improperly prepared or is not admissible to probate:

* State law determines who gets assets, not you

* Additional expenses will be incurred by your heirs and extra work will be required by the heirs of their attorney to qualify an administrator

* The Judge determines who gets custody of your children

* Possible additional State inheritance taxes and Federal estate taxes

* If you have no spouse or relatives, the State may take your property

* The procedure to distribute assets becomes more complicated, and the law makes no exceptions for persons in unusual need or for your own wishes.

* It may also cause fights and lawsuits within your family

When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with Financial concerns. Careful estate planning helps take care of that.

Guardians

Most individuals appoint their spouse to act as Guardian of the person and property of their minor children. It is suggested that your Will include a clause which provides that in the event your spouse predeceases you, or is unsuitable or ceases to act as Guardian of the person and property of your minor children, you appoint a trusted family member or close friend to act as successor Guardian of the person and property of your minor children.

Trustee

Select a trusted person, a close relative or friends, who will invest and hold your children's money. In your Will you can instruct the Trustee to apply amounts of income and principal as they, in their sole discretion, deem proper for the health, maintenance, education, welfare, or support of your children or other minors. Direct that the trustee shall accumulate any income not needed for the above purposes, paying and transferring the portion held in trust to the beneficiary upon his or her attaining the age of majority or whichever age you select.

Children born after you sign the Will

Many people direct that the provisions of their Will also applies to afterborn children. Accordingly, if you have any additional children subsequent to the execution of this Will, then wherever you have designated only your named children, you intend that all of your children shall share equally in the relevant provisions of your Will.

In addition to having a formal Last Will and Testament individuals are encouraged to have a Power of Attorney and also Living Will. Moreover, we also recommend they plan ahead and write messages to their family and anticipated executor detailing their specific desires regarding funeral and burial. Written instructions to your family and executor containing information and guidance will minimize uncertainty, confusion, and possible oversights following your death.

Conclusion

While the preceding article contains possible items to be discussed with your family, attorney and executor, the article is by no means exhaustive. A number of these items may not be applicable in your situation, and probably there are many others that are applicable. The essential element is to spend some time now considering what you should tell those most closely associated with you to facilitate their handling of your affairs upon your death.

About the Author:

Kenneth Vercammen is a Litigation Attorney in Edison, NJ, approximately 19 miles north of Princeton. He often lectures for the American Bar Association and New Jersey State Bar Association on personal injury, criminal / municipal court law and practices to improve service to clients. He has published 125 articles in national and New Jersey publications on legal topics. He has served as a Special Acting Prosecutor in seven different cities and towns in New Jersey. He has spoken on Wills and Elder law on numerous occasions to the Adult Community Schools in Metuchen, Sayreville, Old Bridge, South Brunswick and Edison/Clara Barton Seniors and Perth Amboy Seniors.

In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, arbitration hearings and contested hearings.

He is also a popular speaker for the American Bar Association's General Practice Section and Law Practice Management Section.

Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court), with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.

ABA American Bar Association GP|Solo Elder Law Committee Newsletter • Summer 2009

2009-08-08T19:01:00.001-07:00

ABA American Bar Association GP|Solo Elder Law Committee Newsletter • Summer 2009

Chairs:
Kenneth Vercammen (Edison, NJ)
Jay Foonberg (Beverly Hills, CA)

In this issue:

1. Wrapping Up the Personal Injury Settlement
2. When Do I Need a Self-Settled Special Needs Trust?
3. Elder Law, Estate Planning & Probate Seminar- New Ideas to Expand & Excel Your Practice
4. Voting- House of Delegates ABA
5. Pooled Trusts – Statutory Requirements

1. Wrapping Up the Personal Injury Settlement + Future Medical Insurance Issues
By Thomas D. Begley, Jr., Esquire

Once a personal injury settlement has been achieved or a judgment obtained, the plaintiff begins a new life. There are many considerations that should be addressed prior to or at the time of settlement. These include the following:

Medical Insurance

Does the client have the best medical insurance available? The fact that a client receives Medicare, for example, does not mean that coverage is adequate. According to government studies, Medicare pays only about 50% of a Medicare beneficiary’s actual medical bills. In cases involving a catastrophically injured plaintiff requiring considerable home health assistance, that percentage is sharply lower.

Medicare Supplements, Medicare Advantage Programs, Medicaid, private insurance from high risk pools, COBRA coverage, and continuing Worker’s Comp coverage should all be considered.

Medicaid Waiver Programs

Most medical insurance including Medicare and private insurance are designed to pay for acute care. They do not provide coverage for chronic care. There are many Medicaid Waiver Programs that are designed for chronic care including significant home and community-based services that may be required by personal injury victims.

Non-Medical Public Benefits

In many cases, injured plaintiffs are entitled to SSI, SSDI, Section 8 Housing, Group Homes and other public benefits, but have not considered them or applied for them.

Estate Taxes

Where there is a significant recovery, federal and state estate and inheritance taxes should be considered. Currently the exemption from federal estate tax is $3.5 million. It is likely that before the end of calendar year 2009 Congress will revisit the federal estate tax. Many states, such as New Jersey, have state estate taxes. Currently the exemption from New Jersey estate tax is $675,000, and that exemption is not likely to increase. Other states, such as Pennsylvania, do not have a state estate tax, but do have significant inheritance taxes. In Pennsylvania these taxes can be as high as 15%.

In many cases, even with severely injured persons, life insurance is available to pay all or part of the tax. The availability of this insurance should be explored and discussed with the client.

Estate Planning Documents

Many injured parties have no Will, Living Trust, Living Will, Power of Attorney or other estate planning documents. Some of those plaintiffs do have documents but are outdated, perhaps even because of the personal injury settlement. These documents should be reviewed and modified or replaced, if needed.

Estate Planning Documents – Parents

If the plaintiff is a minor child who is likely to be receiving public benefits, it is important that the parents’ estate planning documents not leave any assets to the child with disabilities, but rather to a third party special needs trust.

Structured Settlement

It is often advantageous to purchase a structured settlement for a portion of the settlement or award. A structured settlement offers a number of advantages to the injured party including creditor protection, tax benefits and often makes it more difficult for the injured party to squander the settlement.

There are also disadvantages to structured settlements. If a structured settlement is to be used, an analysis should be made as to how much should be structured and how much should be retained as a lump sum to pay for immediate cash needs, repayment of debt, emergency funds, and cash for investment in the appropriate equity portion of the injured party’s portfolio. COLAs and commutation riders should be considered.

Investment Advice

The client should be introduced to an investment advisor to assist in investing the settlement proceeds. In some instances, the investment manager can be a professional trustee, if a trust is appropriate.

Special Needs Trust

An analysis should be made as to whether a special needs trust is required. In many instances, such a trust is not necessary. If a special needs trust is required, will it need to be established by a court order? It is important to understand that, except in the case of a pooled trust, a special needs trust cannot be established by the disabled person. The long-term success of a special needs trust often depends on the skill and experience of the trustee. Care should be taken in the selection of an appropriate trustee.

Support Trust

Is a support trust appropriate for a minor or incapacitated beneficiary? The support trust usually results in better money management of the settlement. In the case of a minor, the support trust can be designed to retain the award past age 18. Absent a support trust, a minor can usually access the settlement funds at age 18 when most individuals do not have sufficient maturity to handle significant financial assets.

Medicare Set-Aside Arrangement

An analysis should be made as to whether or not a Medicare Set-Aside Arrangement (MSA) is required. If an MSA is required, a further analysis needs to be made as to whether the MSA can be self-administered, a custodial arrangement, a special needs trust or a pooled trust. Arrangements must be made for an MSA calculation and submission of the calculation to CMS for approval.

Mediation

An elder and disability lawyer is often useful as a participant in mediation. The lawyer is familiar with public benefits, which often are useful in bridging the gap between the plaintiff’s demand and the defendant’s offer.

Qualified Settlement Fund

In many cases, a Qualified Settlement Fund (QSF) is useful. The defendant can “pay and go.” The plaintiff has time to sort out issues such as allocation between the parties, resolution of Medicare, Medicaid, ERISA and other liens, purchase of structured settlements, and other issues that may take time. The defendant gets an immediate tax deduction upon funding the QSF.

Lien Reduction

An elder and disability lawyer can be of assistance in reducing Medicaid and Medicare liens.

Copyright 2009 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania.

Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law & Estate Administration and co-author with Kenneth Vercammen, Martin Spigner and Kathleen Sheridan of the 500 plus page book on Elder Law.

Begley & Bookbinder, provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.

2. When Do I Need a Self-Settled Special Needs Trust?
By Thomas D. Begley, Jr., Esquire

In the settlement of litigation, the plaintiff is often receiving public benefits. The question then arises as to whether a special needs trust is required. There are certain types of public benefits that are means-tested. Others are not. Generally, means-tested public benefits require that the individual have assets of less than $2,000 and have certain limits on income. The following types of public benefits are means-tested and a special needs trust is generally required:

SSI
Medicaid
TBI – A Medicaid Waiver Program for persons suffering from traumatic brain injury
CRPD – A Medicaid Waiver Program providing home care
Section 8 Housing
Veterans Pension
Certain DDD Benefits
Psychiatric Institutionalization
Means-Tested Public Benefits

If the plaintiff is receiving any means-tested benefits or is likely to apply for them, then a self-settled special needs trust should be considered. Assets in the trust are not counted for public benefit eligibility purposes. Distributions from the trust can be made in such a way as not to count for income eligibility for public benefit purposes.

Age

To be eligible for a special needs trust, the plaintiff must be under age 65. If the plaintiff is over age 65, there are Medicaid planning strategies that can be employed, but a self-settled special needs trust will not be a viable option.

Disabled

To be eligible for a self-settled special needs trust, the person must be “disabled.” To be considered disabled, the person must generally have a disability determination by the Social Security Administration (SSA). It is possible, however, to receive a disability determination from a Medicaid physician. If a person has not yet received a disability determination from SSA, the trust can be established pending the disability determination. Good practice is to obtain an opinion letter from a law firm that specializes in Social Security Disability appeals.

Assets of Individual

No assets other than the assets of the disabled plaintiff may be placed in the trust.

Copyright 2009 by Begley & Bookbinder, P.C

3. Elder Law, Estate Planning & Probate- New Ideas to Expand & Excel your Practice

Sat. August 1, 2009 2:00pm – 3:30pm
ABA Annual Meeting Chicago

Speakers: Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA

Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ

Deborah Cole, Chicago Contributing Author, Your Life, Your Legacy: The Fundamentals of Effective Estate Planning, Publisher's ExpressPress

Elder Law program Primary Sponsors: General Practice Section
Co-sponsors: ABA Commission on Law & Aging, Health Law Section,
YLD, Senior Lawyers Division, Real Probate & Trust Section, Tax Law Section

Topics:
Forms you can use
Email newsletters
"Representing seniors- Doing well by doing good.-Do you know how?
Marketing with written fee agreements
-Ethics and marketing without violating the Rules of Professional Conduct

Elder Law may be the biggest practice area of your career. There are 50,000 baby boomers/ day turning 60 and soon to be on Social Security and will need legal advise. Elder Law is one of the biggest growth fields.

[Contact Kenneth Vercammen, Esq. for program information 732-572-0500]

Contact American Bar Association's CDS/Travel Planners at 800-915-9801 for ABA meeting registration

4. Voting – House of Delegates ABA

The Election will be held at the ABA Annual Meeting in Chicago. All ABA lawyer members who have registered at the Annual Meeting are entitled to vote for Delegates- at-Large. Voting will be at ABA Registration July 30- August 3: (voting across from registration area)

Hyatt Regency Chicago
Riverside Center, Purple Level, East Tower
8am-6pm Thursday, Friday and Saturday
8am-5pm Sunday, Monday, Tuesday

Six Delegates–at–Large are elected at each Annual Meeting to serve a three-year term in the House of Delegates. Any member of the Association is eligible to be a Delegates–at–Large, although of the six elected each year; no two may be accredited to the same state, territory or possession. Nominations for Delegates at Large are made by written petition. At this Annual Meeting, there will also be two Delegates–at–Large elected to fill vacancies. All ABA lawyer members who have registered at the Annual Meeting are entitled to vote for Delegates–at–Large.

Voting will take place in the registration area of the Hyatt Regency. The polls will be open during the same hours as registration, except on the last day the polls will close at 10:00 a.m.

Contact American Bar Association's CDS/Travel Planners at 800-915-9801 for ABA meeting registration.

5. Pooled Trusts – Statutory Requirements
By Thomas D. Begley, Jr., Esquire

A self-settled pooled trust is defined as a trust containing the assets of an individual who is disabled that meets the six conditions discussed in the following sections.

Non-Profit Association

The trust is established and managed by a non-profit association. A non-profit organization is an organization defined in § 501c of the Internal Revenue Code (IRC) and also has tax-exempt status under § 501(a).

Separate Account

Separate accounts must be maintained for each beneficiary of the trust. For purposes of investment and management of funds, the trust may pool the funds in the individual accounts. The trust must be able to provide an individual accounting for the individual. Each individual sub account gets its own EIN number. Each self-settled sub account is taxed to the beneficiary as a grantor trust.

Solely for the Benefit Of

The trust account must be maintained for the sole benefit of the individual with disabilities. The trust account must be established for the sole benefit of the disabled individual. If the account provides a benefit to any other individual, this exception to the trust transfer rules does not apply.

Established By

The trust may be established by a parent, grandparent, or legal guardian of such individual, or by such individual, or by a court. The fact that the individual may establish the trust himself is different from a self-settled special needs trust under (d)(4)(A). If a third party establishes a trust account on behalf of the individual, the third party must have legal authority to act with regard to the assets of the individual. This requirement refers to the individual who physically took action to establish the trust, even though the trust was established with assets of the SSI claimant/recipient. Since the pooled trust has already been established, this provision applies to the sub account within the pooled trust.

A Pooled Trust can also be established by a Representative Payee. The POMS permit the transfer of disability benefits to establish a trust or to fund an existing trust. However, there is an exception for past due benefits, which meet dedicated account requirements. These past due benefits must be held in a savings account or checking account, or a money market account established in a financial institution. Representative Payee may pay a beneficiary’s disability payments to the trust, provided that:

Establishing the trust is in the beneficiary’s best interest.
The trust is established exclusively for the use and benefit of the beneficiary, to meet the beneficiary’s current and reasonably foreseeable needs. Trust expenditures for food, clothing, housing, medical care, recreation, and education are considered expenditures for the use and benefit of the beneficiary and in his or her best interest. A trust with provisions prohibiting trust funds to be used specifically to meet the beneficiary’s current needs for food, clothing, housing, and medical care would not be in compliance.
The trust is for the sole benefit of the disabled person during his or her lifetime.
A provision in a trust directing disability payments to the trust is prohibited as a violation of the assignment of benefits provisions of the Social Security Act.

Payback

To qualify for the pooled trust exception, the trust must contain specific language that provides that, to the extent that amounts remaining in the individual’s account upon death of the individual are not retained by the trust, the trust pays to the state from such remaining amounts in the account an amount equal to the total amount of medical assistance paid on behalf of the individual under the state Medicaid plan. There is no payback required by a third-party pooled trust.

To the extent that the self-settled trust does not retain funds in the account, the state must be listed as a first payee and have priority over payment of other debts and administrative expenses, except as listed below.

The following are allowable administrative expenses:

Death taxes due to federal and state governments
Reasonable fees for the administration of the trust estate
The following expenses are prohibited:

Payments of debts owed to third parties
Funeral expenses
Payment to residual beneficiaries
The restriction on payments from the trust applies upon the death of the beneficiary. Payment of fees and administrative expenses during the life of the beneficiary are allowable as permitted by the trust document and are not affected by the state Medicaid reimbursement requirement.

Copyright – Tom Begley Jr.

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General Practice, Solo and Small Firm Division:
Elder Law Committee and the ESTATE PLANNING, PROBATE & TRUST COMMITTEE

Who We Are

The Elder Law Committee of the ABA General Practice Division is directed towards general practitioners and more experienced elder law attorneys. The committee consistently sponsors programs at the Annual Meeting, the focus of which is shifting to advanced topics for the more experienced elder lawyer.

This committee also focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations.

To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.

Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.

We also seek articles on Elder Law, Probate, Wills, Medicaid and Marketing. Please send your marketing ideas and articles to us. You can become a published ABA author.

Jay Foonberg, Co-Chair, Author of Best Sellers "How to Start and Build a Law Practice" and "How To Get and Keep Good Clients", Beverly Hills, CA JayFoonberg@aol.com

We will also provide tips on how to promote your law office, your practice and Personal Marketing Skills in general. It does not deal with government funded "legal services" for indigent, welfare cases.

Kenneth Vercammen, Esq. Chair
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Kenv@njlaws.com
Central Jersey Elder Law Law www.centraljerseyelderlaw.com
NJ Elder Blog http://elder-law.blogspot.com/

Elder Law, Estate Planning & Probate articles

2009-08-08T18:04:00.001-07:00

The ABA General Practice Division held its popular program Elder Law, Estate Planning & Probate- New ideas to expand & excel your practice at the ABA Annual Meeting in Chicago on August 1, 2009.
Speakers: Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA

Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ

Deborah Cole, Chicago, Il

Articles and forms were provided on CD. Below is a list of articles provided. If you want a few of the forms, send an email to kenvnjlaws@verizon.net and indicate which articles/ forms you want and the number of the article or form [max 5]

List of Kenneth Vercammen, Esq. Forms, Documents and Articles on CD
Elder Law, Estate Planning & Probate- New ideas to expand & excel your practice
Sat. August 1, 2009 2:00pm -3:30pm
Hyatt Regency Hotel, Chicago ABA Annual Meeting

1 New Client schedule appointment
2 Confidential Will Questionnaire
3 Will bill
4 WILL DRAFT CO
5. Doctor Cert sign POA, will Dr
6 Thank you for Referral
7 POA DRAFT lt
8 Will Signing Instruction
9 Referral Out Another Atty fax
10 No rep
11 Recommend Will to Client
12 Post WILL
13 Client questionnaire end case.
14 POA Grantor Now
15 Wills article
16 POA Power of Attorney- article
17 LIVING WILLS
18 Gay and Lesbians- Advance Directives
19 Letter of Instruction
20 Remove Executor
21 Alzheimer, POA Guardianship
22 ANSWERS to Questions Probate
23 Estate Planning 10 Ideas
24 Executor Duties
25 Prenuptial Ag
26 Undue Influence article
27 Attorney- Client Confidentiality
28 Pick up Docs
29 Executor to Pay and Notify Creditor
30 NJlaws website & articles
31 Trusts
32 Caveat to Will
33 Central Jersey Elder articles
34 ABA Estate Plan Winter 2008
35 Estate Plan ABA Nov 2007
36 ABA ELDER News Aug 2007 GP
37ABA ELDER LAW COMMITTEE Newsletter July 2007 ABA General Practice
38 Estate Probate ABA news May. 2007
39 Elder Law ABA news February, 2007
40 INTESTACY
41 If no Will
42 Probate Release Refund Bond
43 Lincoln 17- no charge
44 Guardianship bill
45 RETAINER Probate ESTATE
46 WILL - sign front notary
47Confidentiality Lt to Client
48 Elective Share of Spouse
49 Joint Bank Accounts Upon Death
50 ABA ELDER News Spring2008
51 ABA Elder Law Newsletter • April 2008
52 ABA GP Solo ELDER LAW COMMITTEE Newsletter July , 2008
53 ABA ELDER News Fall 2008
54 ABA ELDER News Winter 2009
55 ABA ELDER News Spring 2009
___ We need your email address for newsletter

2009-06-30T08:58:00.000-07:00

ELDER LAW & ESTATE ADMINISTRATION BOOK AND AUDIO FOR SALE

2009-06-14T17:00:00.001-07:00

ELDER LAW & ESTATE ADMINISTRATION BOOK AND AUDIO FOR SALE
Book elder law & estate administration including:
 • Why Have a Will?  Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client?
 • Powers of Attorney  Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
 • Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool  Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms 
• Basic Tax Considerations Jointly-held property; “I love you” Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document;  sample forms/letters
 • Estate Administration - New Probate Law in New Jersey Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists 
• Medicaid Planning in Light of Federal Medicaid Reform Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules  …and more

This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced estate planners and professionals who help senior citizens. You’ll also gain insight on how Federal Medicaid Reform will impact seniors.
Speakers:
THOMAS D. BEGLEY, JR., ESQ.,

KENNETH A. VERCAMMEN, ESQ.
Chair, ABA Estate Planning & Probate Law Committee
2006 NJSBA Municipal Court Practitioner of the Year

KATHLEEN A. SHERIDAN, ESQ.

MARTIN A. SPIGNER, ESQ.

Handbook 45.00 [$36 NJSBA Member Price] pages ] Item M57809

Handbook with Audio CD $189 [$149 NJSBA Member Price Item CDP57809

*NJSBA Member Price – To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order

Contact: New Jersey Institute for Continuing Legal Education   (732)214-8500

Latest Cases and Court Rules in Municipal Court

2009-05-10T19:41:00.000-07:00

Latest Cases and Court Rules in Municipal Court program
Thursday, May 14  8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ
The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14. If you haven't already registered, what are you waiting for? Don't miss the opportunity to earn up to 10 CLE credits at over 60 informative and timely programs.
The NJSBA Municipal Court Section is sponsoring 4 seminars in one day on Thursday May 14, 2009 at the annual convention in AC. Get 6 credits plus breakfast and lunch for a one day fee:

Register online now!
Municipal Court Practice Track:
(includes full day convention access to all other tracks, vendors, and food buffets
Breakfast Buffet at Exhibition Hall
Municipal Court Practice Section Municipal COURT TRACK

8:00 am - The Latest Cases and Court Rules in Municipal Court
Thursday, May 14  8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ

10:00 am - DWI in the Age of Chun, 1.5 credits
Speaker:  Jeffrey Evan Gold, Esq. 

Luncheon Buffet at Exhibition Hall

1:00 pm - What to Look for in Alcotest Discovery, 1.5 credits
Speaker: Arnold N. Fishman, Esq. 

3:00 pm - Municipal Court Bench/Bar Forum. 1.5 credits
Panelists:  Hon. Joan Robinson Gross, P.J.M.C.
Hon. Robert F. Schaul, JMC
Hon. E. Ronald Wright, JMC
Paris P. Eliades, Esq.  Courter Kobert & Cohen, PC
Jeffrey E. Gold, Esq. 
Deborah Veach, Esq.  Municipal Prosecutor, Township of Teaneck
Other important programs:
-Equity Jurisprudence Committee Litigation TRACK (CHANCERY)
Thursday, May 14  1 - 2:30 p.m.
Chancery judges and general equity practitioners will discuss a variety of topics, including foreclosure mediation, equity practice in the current economic crisis and other priceless tips for chancery litigators.
Moderator: Alexandra V. Gallo, Esq., McElroy  Deutsch, Mulvaney & Carpenter, LLP
Speakers:  Hon. Harriet Derman, P.J.Ch.
Hon. Glenn Berman, J.S.C.
Hon. Harriet Farber Klein, J.S.C.
Frederick W. Alworth, Esq. Gibbons, PC
Thomas P. Scrivo, Esq.  McElroy, Deutsch, Mulvaney & Carpenter, LLP
Kevin M .Wolfe, Esq.  Chief Civil Practice Liaison, Administrative Office of the Courts
-Prosecuting and Defending the Police Officer
Criminal Law Section Litigation TRACK (CRIMINAL)
Thursday, May 14  3 - 4:30 p.m.
Moderator:  Robert Brass, Esq.  Picillo Caruso Pope Edell Picini, PC
Speakers:  Paul J. Bradley, Esq.  Supervising Assistant Prosecutor, Essex County Prosecutor's Office
Kevin P. McCann, Esq.  NJSBA Treasurer
John L. Molinelli, Esq. Bergen County Prosecutor
Brian J. Neary, Esq
Anthony J. Pope, Esq.  Picillo Caruso Pope Edell Picini, PC

Kenneth Vercammen named Super Lawyer for 2009

2009-05-10T19:38:00.001-07:00

Kenneth Vercammen named Super Lawyer for 2009
ABOUT SUPER LAWYERS
Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
Super Lawyers is published as a special supplement in leading newspapers and city and regional magazines across the country. Super Lawyers magazine, featuring articles about attorneys named to the Super Lawyers list, is distributed to all attorneys in the state or region, the lead corporate counsel of Russell 3000 companies and the ABA-approved law school libraries.
Polling, research and selection are performed by Law & Politics, a publication of Key Professional Media, Inc. Law & Politics has been publishing legal magazines since 1990 and Super Lawyers since 1991.
Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research of Law & Politics. Rising Stars names the state's top up-and-coming attorneys.
Super Lawyers magazine is published in all 50 states and reaches more than 13 million readers.

SUPER LAWYERS SELECTION PROCESS
OVERVIEW
In selecting attorneys for Super Lawyers, Law & Politics employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.
The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.
The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.

PUBLICATION
The final published list represents no more than 5 percent of the lawyers in the state. The lists are published annually in state and regional editions of Super Lawyers magazines and in inserts and special advertising sections in leading city and regional magazines and newspapers. All attorneys selected for inclusion in Super Lawyers, regardless of year, can be found on superlawyers.com.
http://www.superlawyers.com/new-jersey/lawyer/Kenneth-A-Vercammen/73f0b3a6-71c1-4ae1-a5d0-803ddb2739a9.html

Shared Parenting Agreement

2009-03-08T19:05:00.000-07:00

Shared Parenting Agreement

This agreement is made this ____ day of ______________, 20__, by and between ______________________________ and _____________________________.
In consideration of the promises made to each other, and in consideration of our mutual contributions toward the [creation by in vitro fertilization; artificial insemination] or [adoption] of a child [born] or [adopted] on the ____ day of ____________, 20__, and in acknowledgement that state law is unsettled in this area of parental rights, and in acknowledgement of the parties’ mutual belief that the best interests of our child, ______________________, require stable sources of financial, academic, medical, and emotional support, the parties enter into this Agreement to guarantee that their child will receive the full benefit of having each and both of the parties as parents, including current and future financial and emotional support and rights to inheritance, and to guarantee that both _____________________ and ____________________ shall be considered natural and legal parents of ________________________.
Therefore, we agree as follows:
1. Each party acknowledges and agrees that they live together in a primary family relationship and have since ______________________. The parties further acknowledge that during the course of their relationship [______________________ gave birth to ___________________ (child or children) on _________________] or [they adopted __________________ (child or children) on ____________________.]
2. The decision to have a child was a joint decision of the parties and was based on the commitment of each party to parent the child(ren) jointly. The parties acknowledge that both partners have been primary parents and caregivers to the child(ren) since birth.
3. Each party acknowledges and agrees that, while they now live together as a family, there may come a time when the parties no longer do so. In that event, the parties agree that they will continue to provide for their child(ren) as follows:
a. Both parties will have joint custody of the child(ren).
b. Both parties will take whatever action is necessary to obtain a shared parenting agreement from the court having jurisdiction over these matters.
c. The child will spend approximately one-half of his/her time with each parent. Each parent shall share equally in the responsibility for the care of the child(ren) during school vacations or illness either by personally caring for the child(ren) or making arrangements for proper care.
d. Each parent will pay one-half of the normal daily living expenses and costs of the child(ren) while they live together; or the entire cost of daily living expenses when the child(ren) is/are with each one, should they stop living together.
e. Each parent shall claim the child(ren) as a dependent for tax purposes in alternate years. _________________ shall claim the child(ren) during even numbered tax years and _____________________ during odd numbered tax years.
f. Each parent shall maintain the child(ren) as a beneficiary(ies) of a life insurance policy in the minimum amount of ____________ until the child(ren) shall attain the age of [majority] or [specify age].
4. Both parents acknowledge and agree that all major decisions regarding the physical location, support, education, medical care, and religious training of the child(ren) shall be made by them jointly.
5. Both parents agree that each will make a good faith effort to remain in ________________________ (name community) until the child(ren) complete high school. Neither parent may move out of the designated community without the prior written consent of the other parent. The other parent shall not unreasonably withhold such consent.
6. The parties agree that should a significant discrepancy occur in their respective net monthly income, following a separation, they will negotiate child support payments consistent with the child support schedule then in effect in their State of domicile.
7. Each parent agrees that, in the event either of them is no longer able to care and provide for the child(ren) because of death or legal disability, it will be in the best interests of the child(ren) to remain with the other parent. Neither parent will allow the child(ren) to be adopted by any other person so long as both parents are living.
8. Each parent agrees that any dispute pertaining to this Agreement will be resolved through mediation. The mediator shall be an objective third party who is mutually agreed upon. The mediator’s role shall be to help us resolve any disputes, dissolve our relationship, and/or resolve any differences concerning the child(ren). The parties agree to enter mediation in good faith. [Can include clause/provision concerning collaborative law efforts to resolve disputes in addition to, in lieu of, or as an alternative to mediation.]
9. In the event that the parties’ attempt at good-faith mediation is unsuccessful to resolve all issues in dispute, either party may seek to resolve the issues through arbitration through the use of the following protocol:
a Deliver a written demand for arbitration to the other person and name one arbitrator;
b. The other party shall respond with the name of a second arbitrator within five days from receipt of the notice;
c. The two named arbitrators shall select and name a third arbitrator;
d. The arbitration meeting will take place within seven days following the selection of the third arbitrator;
e. Each party is entitled to retain legal counsel at his/her own expense;
f. Each party may present witnesses and evidence at the arbitration hearing;
g. The arbitrators shall issue their decision within five days after the hearing. Their decision shall set forth their findings and conclusion and shall be in writing. The decision shall be binding upon each of us. We agree that neither party shall seek relief from the arbitration decision in court.
h. If the person to whom an arbitration demand is made fails to respond within five days, the other party may give an additional five days’ written notice of his/her intent to proceed. If there is still no response, the person initiating the arbitration may proceed with the arbitration before an arbitrator he/she has designated. Any award shall have the same force and effect as if all three arbitrators had settled it.
10. Each party understands that there are legal questions raised by the issues involved in this Agreement that are not yet settled by statute or prior court decisions. Notwithstanding the knowledge that certain clauses stated in this Agreement may be unenforceable in a court of law, the parties choose to enter into this Agreement to clarify their intent to jointly provide and nurture their child(ren), even when they are no longer living together in a single family residence.
11. Specifically, the parties recognize that the current state of law regarding financial support of children may not obligate the non-legally recognized parent to provide support to the child(ren).
12. The parties also recognize that current law gives the natural/legal parent no enforceable right to collect support on behalf of the child(ren) from the other parent.
13. Notwithstanding the current state of the law regarding support, each party agrees to support the minor child(ren) and to be bound by current and future support obligations for the child(ren) pursuant to the laws of the State in which the child is domiciled.
14. The parties intend that this Agreement create an enforceable right for either party to collect child support on behalf of the child(ren), including the right to request that support be extended beyond minority consistent with the child support laws of the State of domicile.
15. The parties agree to do everything legally possible to create a legal relationship between the child(ren) and the non-legally recognized parent, _______________. This will be done for purposes of custody, visitation, support, inheritance, health care insurance, and guardianship of the minor child(ren).
16. Each party agrees to leave at least one-half of his/her estate to the child(ren). If a trust is created for the child(ren), the trustor shall name the other parent as the trustee. Likewise, both parties agree to name the other as the child(ren)’s guardian in their respective wills. The parties agree to jointly decide on an alternate guardian of the child(ren).
17. The parties intend this Agreement to guide the Court should one become involved in determining the best interests of the child(ren). The parties agree that the Court shall have jurisdiction over any disputes arising during the child(ren)’s minority regarding custody, support, or visitation.
18. The parties agree to participate in Court-ordered mediation concerning issues of custody or visitation and to be bound by court orders regarding the child(ren). Specifically, ___________________ agrees to be bound by a court order compelling him/her to pay support for the child(ren) or to have contact with the child(ren) on a set schedule. Likewise, ____________________, the natural parent, agrees to be bound by any court order granting visitation and/or joint custody to _________________________. Both parties agree that they will not raise legal arguments intended to interfere with the ongoing relationship between the other parent and the child(ren).
19. The parties agree to put aside any personal differences they may have with each other, in the event of their separation or termination of the relationship, in order to do what is in the best interests of the child(ren).
20. If either party contests the Court’s jurisdiction over any dispute involving the child(ren), including custody, support, care, or visitation, then that party may be stopped from defeating the Court’s jurisdiction by reason of having accepted the benefits of the mutual promises contained in this Agreement. It either party contests the Court’s jurisdiction over any issue involving the custody, care, support, or visitation of the child(ren), and is successful in defeating the Court’s jurisdiction, then that party shall be liable for liquidated damages in the amount of $_______________ for each year that this Agreement was in effect. The contesting party shall also be responsible for paying all costs and attorney fees incurred by the defending party.
21. This Agreement contains the entire understanding of the parties. There are no promises, understandings, agreements, or representations between them that are not reflected in this Agreement.
22. Each party agrees that he/she signed this Agreement voluntarily and freely, of his/her own volition, without any duress of any kind whatsoever.
23. Both parties acknowledge that legal counsel represented them in the discussions and negotiations that led to the creation of this Agreement. _______________________, Attorney at Law, represented _________________________. And, ____________________, Attorney at Law, represented _______________________. Each party acknowledges that he/she had legal advice prior to signing this Agreement and that each fully understands the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereunto have executed this Agreement, on the ____ day of ______________, 20__, in ___________________, ______________.

Dated: ______________ __________________________________________
Signature

Dated: ______________ __________________________________________
Signature

State of ___________________
County of _________________

___________________________ and _____________________________ personally appeared before me and executed and acknowledged this Shared Parenting Agreement before me this ____ day of ____________, 20__.

_____________________________________
Notary Public

WILLS, PROBATE AND ELDER LAW- Adult and Community Education

2009-02-16T10:21:00.001-08:00

WILLS, PROBATE AND ELDER LAW- Adult and Community Education
WHEN: Monday, March 30, 2009 7 – 8:30P.M.
East Brunswick Adult & Community Education Program
East Brunswick HIGH SCHOOL, Cranbury Rd
WILLS, PROBATE AND ELDER LAW
Course # SBC ..............................................................Fee: $29
Mon. 7:00–8:30 pm ..........................................1 session: 3/30
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 the state law. Topics covered by author of “Answer to Questions about Probate” will include: wills, revocable trusts, irrevocable trusts, power of attorney, living will, state administration, inheritance taxes, plus the opportunity to ask questions.
Instructor: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
COMPLIMENTARY MATERIAL: Brochures on Wills, “Probate and Administration of an Estate”, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.

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 the state law. Topics covered by author of “Answer to questions about Probate” will include: Wills, revocable trusts, irrevocable trusts, power of attorney, living will, long term care insurance, reverse mortgage, plus the opportunity to ask questions.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.CentralJerseyElderLaw.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.

Call the East Brunswick Adult Education Office for registration information 732- 613-6989

ESTATE PLANNING FOR GAY AND LESBIAN COUPLES WHO HAVE NOT ENTERED INTO A CIVIL UNION OR REGISTERED AS DOMESTIC PARTNERS

2009-02-06T19:02:00.001-08:00

ESTATE PLANNING FOR GAY AND LESBIAN COUPLES WHO HAVE NOT ENTERED INTO A CIVIL UNION OR REGISTERED AS DOMESTIC PARTNERS "SAVE MONEY AND PROVIDE FOR YOUR LOVED ONES " By Kenneth A. Vercammen

As average Americans, we work 80,000 hours in a lifetime, or 45 to 55 years. In spite of all the resources and assets we earn, the vast majority of Americans with assets do not take the time to create a Will.

National statistics indicate that 80% of Americans die without leaving a Will. There are several reasons for this: fear of death; procrastination; and misinformation (people presume that only the rich or married with children need to have Wills). Whatever the excuse, it is clear that people would benefit from having a Will.

In the absence of a Will or other legal arrangement to distribute property at death, your partner cannot receive any assets and cannot administer your 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.

IF YOU HAVE NO WILL:

If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate: * State law determines who gets assets, not you * Additional expenses will be incurred and extra work will be required to qualify an administrator * Possible additional State inheritance taxes and Federal estate taxes * If you have no s Civil Union , spouse, or close relatives the State may take your property * The procedure to distribute assets becomes more complicated-and the law makes no exceptions for persons in unusual need or for your own wishes. * It may also cause fights and lawsuits between your partner and your family When your loved ones are grieving and dealing with death, they shouldn't be overwhelmed with disputes over property and Financial concerns. Careful estate planning helps take care of that.

THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH SHOULD BE INCLUDED IN A WILL FOR UNMARRIED PERSON:

1ST: DEBTS AND TAXES 2ND: SPECIFIC BEQUESTS TO PARTNER, CHARITY, ETC 3RD: DISPOSITION TO PARTNER 4TH: DISPOSITION OF REMAINDER OF ESTATE IF PARTNER IS PREDECEASED 5TH: CREATION OF TRUSTS FOR PARTNER 6TH: DISTRIBUTION TO CHILDREN OR TRUST FOR CHILDREN 7TH: OTHER BENEFICIARIES UNDER 21 8TH: EXECUTORS 9TH: TRUSTEES 10TH: GUARDIANS OF CHILDREN 11TH: NO SURETY OR BOND REQUIRED 12TH: POWERS 13TH: SELF PROVING WILL 14TH: PRINCIPAL AND INCOME 15TH: NO ASSIGNMENT OF BEQUESTS 16TH: GENDER 17TH: CONSTRUCTION OF WILL 18TH: NO CONTEST CLAUSE A Will must not only be prepared within the legal requirements of the New Jersey Statutes but should also be prepared so it leaves no questions regarding your intentions.

WHY PERIODIC REVIEW IS ESSENTIAL

Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will. Some of these are:

* Domestic Partnership, Marriage, death, birth, divorce or separation affecting people named in your Will *Significant changes in the value of your total assets or in any particular assets which you own * Changes in your relationships * A change in your State domicile

* Death or incapacity of a beneficiary, or death, incapacity or change in residence of a named executor, or of one of the witnesses to the execution of the Will if the Will is not self- proving

*Annual changes in tax law

MAY I CHANGE MY WILL?

Yes. A Will may be modified, added to, or entirely changed at any time before your death provided you are mentally and physically competent and desire to change your Will. You should consider revising your Will whenever there are changes in the size of your estate. Beware, if you draw lines through items, erase or write over, or add notations to the original Will, it can be destroyed as a legal document. Either a new Will should be legally prepared by an attorney or a Codicil prepared by an attorney signed to legally change portions of the Will.

SAVE MONEY

Probate in New Jersey is not difficult. Your estate will be subject to probate whether or not you have a Will and in most cases, a Will reduces the cost by eliminating the requirements of a bond. When you meet with your attorney to draft a Will, you may also learn ideas to reduce death taxes and other expenses. Don't pinch pennies now to the detriment of your Partner and beneficiaries. We have attempted to briefly explain in this article some of the issues, techniques, and decisions involved in Wills, Estate Planning, and Administration of an Estate. Because the matters covered are complicated and the Federal and New Jersey laws frequently change, this article can only outline some of the many legal issues you should consider.

The cost of a Will depends on the size and the complexity of the estate and the plans of the person who makes the Will.

A properly drawn Simple Will without Trust costs approximately $300.00 to $600.00. It is one of the most important documents you will ever sign, and may be one of the best bargains you will ever have. Also, ascertain if your Will is "self-proving", which would dispense with having to find the Will's witnesses after death.

WHAT IS A WILL?

"A Will is a Legal written document which, after your death, directs how your individually owned property will be distributed, who will be in charge of your property until it is distributed. You should remember that the term "property" under the law includes "real estate as well as other possessions and rights to receive money or items of value." Everyone who has at least $3,000 in assets should have a Will. You do not have to be wealthy, married, or near death to do some serious thinking about your Will.

ADMINISTRATION OF AN ESTATE

If you are named the executor or executrix, you must visit the County Surrogate to probate the Will. You will need the following items: 1. The Death Certificate 2. The Original Will 3. Names and Addresses of decedent's next of kin and will beneficiaries 4. Minimum of $100.00 for Surrogate fees

A state inheritance tax return must be filed and the tax paid on the transfer of real or personal property within eight months after death.

OTHER ITEMS OF CONCERN TO BE PREPARED BY YOUR ATTORNEY -Power of Attorney- to allow your partner or another person to administer your assets during your lifetime, either upon disability or now -Living Wills/ Advance Directive- to state your wishes concerning medical care in the event of your serious illness and to allow your partner or another person to make medical decisions.

In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your partner cannot pay your bills or access your assets. The result can be lengthy delays.

Reasons to have a Power of Attorney

What are these powers of attorney?

A Power of Attorney is a written document in which a competent adult individual (the "principal") appoints another competent adult individual (the "attorney-in-fact") to act on the principal's behalf. In general, an attorney-in-fact may perform any legal function or task which the principal has a legal right to do for him/herself. You may wish to sign a Power of Attorney giving your partner the power to handle your affairs if you become ill or disabled.

The term "durable" in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal.

Why is Power of Attorney so important?

Every adult has day-to-day affairs to manage, such as paying the bills. Many people are under the impression that, in the event of catastrophic illness or injury, a live-in partner, or child can automatically act for them. Unfortunately, this is often wrong, even when joint ownership situations exist. Even under the "new" NJ Domestic Partner Act, you cannot act on behalf of a partner if they become disabled. A Power of Attorney allows your partner or another person to administer your assets during your lifetime, either upon disability or now.

The lack of properly prepared and executed power of attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs. New Jersey has a detailed, expensive legal procedures, called Guardianships or conservatorships, to provide for appointment of a Guardian. These normally require lengthy, formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action. The procedures also require the involvement of a temporary guardian to investigate, even intercede, in surrogate proceedings. This can be slow, costly, and very frustrating. In addition, the domestic partner can be challenged in a guardianship by the incapacitated person's family members.

Advance preparation of the Power of Attorney could avoid the inconvenience and expense of guardianship proceedings. This needs to be done while the principal is competent, alert and aware of the consequences of his / her decision. Once a serious problem occurs, it is usually too late.

The Power of Attorney can be effective immediately upon signing or only upon disability. Some examples of legal powers contained in the Power of Attorney are the following:

1. REAL ESTATE: To execute all contracts, deeds, bonds, mortgages, notes, checks, drafts, money orders, and to lease, collect rents, grant, bargain, sell, or borrow and mortgage, and to manage, compromise, settle, and adjust all matters pertaining to real estate.

2. ENDORSEMENT OF NOTES, ETC.: To make, execute, endorse, accept, and deliver any and all bills of exchange, checks, drafts, notes and trade acceptances.

3. PAYMENT OF NOTES, ETC.: To pay all sums of money, at any time, or times, that may hereafter be owing by me upon any bill of exchange, check, draft, note, or trade acceptance, made, executed, endorsed, accepted, and delivered by me, or for me, and in my name, by my Agent.

4. STOCKS, BONDS, AND SECURITIES: To sell any and all shares of stocks, bonds, or other securities now or hereafter, belonging to me, that may be issued by an association, trust, or corporation whether private or public, and to make, execute, and deliver any assignment, or assignments, of any such shares of stock, bonds, or other securities.

5. CONTRACTS, AGREEMENTS, ETC.: To enter into safe deposit boxes, and to make, sign, execute, and deliver, acknowledge, and perform any contract, agreement, writing, or thing that may, in the opinion of my Agent, be necessary or proper to be entered into, made or signed, sealed, executed, delivered, acknowledged or performed.

6. BANK ACCOUNTS, CERTIFICATES OF DEPOSIT, MONEY MARKET ACCOUNTS, ETC.: To add to or withdraw any amounts from any of my bank accounts, Certificates of Deposit, Money Market Accounts, etc. on my behalf or for my benefit. To make, execute, endorse, accept and deliver any and all checks and drafts, deposit and withdraw funds, acquire and redeem certificates of deposit, in banks, savings and loan associations and other institutions, execute or release such deeds of trust or other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted; Without in any way being limited by or limiting the foregoing, to conduct banking transactions.

7. TAX RETURNS, INSURANCE AND OTHER DOCUMENTS: To sign all Federal, State, and municipal tax returns, insurance forms and any other documents and to represent me in all matters concerning the foregoing.

You should contact your attorney to have a Power of Attorney Prepared, together with a Will, Living Will and other vital Estate Planning documents.

Gay and Lesbians- Living Will/ Advance Directives Planning Ahead For Your Health Care:

Compiled by Kenneth Vercammen

In the absence of a Living Will or other legal arrangement if you become disabled, your partner generally has no say regarding medical care or life support. Your partner cannot access your assets. Your partner cannot receive information on your medical status or medical care. Advance directives are very personal documents and you should feel free to develop one which best suits your own needs. All States have declared that competent adults have the fundamental right in collaboration with their health care providers, to control decisions about their own health care. States recognize in their law and public policy, the personal right of the individual patient to make voluntary, informed choices to accept, to reject or to choose among alternative courses of medical and surgical treatment. If you have a Living Will, you can designate your partner as a decision maker.

WHY LIVING WILLS Modern advances in science and medicine have made possible the prolongation of the lives of many seriously ill individuals, without always offering realistic prospects for improvement or cure. For some individuals the possibility of extended life is experienced as meaningful and of benefit. For others, artificial prolongation of life may seem to provide nothing medically necessary or beneficial, serving only to extend suffering and prolong the dying process. States recognize the inherent dignity and value of human life and within this context recognize the fundamental right of individuals to make health care decisions to have life-prolonging medical or surgical means or procedures provided, withheld, or withdrawn. States recognize the right of competent adults to plan ahead for health care decisions through the execution of advance directives, such as Living Wills and durable powers of attorney, and to have their wishes respected, subject to certain limitations.

PURPOSE OF LIVING WILLS In order to assure respect for patients' previously expressed wishes when the capacity to participate actively in decision making has been lost or impaired; to facilitate and encourage a sound decision making process in which patients, health care representatives, families, physicians, and other health care professionals are active participants; to properly consider patients' interests both in self-determination and in well-being; and to provide necessary and appropriate safeguards concerning the termination of life-sustaining treatment for incompetent patients as the law and public policy of this State, the Legislatures have enacted Living Will/ Advance Directives for Health Care Acts.

REQUIREMENTS OF STATUTE The advance directive for health care (Living Will) requires a writing executed in accordance with the requirements of the state law. It must be either signed and dated in front of an attorney at law or other person authorized to administer oaths, or in the presence of two subscribing adult witnesses. If the two adult witnesses are used, they both must attest that the declarant is of sound mind and not under undue influence. A designated health care representative shall not act as a witness to the execution of the advance directive. Since this is a legal document, it must be executed properly to be valid under the statute.

HEALTH CARE REPRESENTATIVE The declarant must designate one or more alternative health care representatives. "Health care representative" means the person designated by you under the Living Will for the purpose of making health care decisions on your behalf.

WHEN DOES THE ADVANCE DIRECTIVE BECOME OPERATIVE An advance directive becomes operative when (1) it is transmitted to the attending physician or to the health care institution, and (2) it is determined pursuant to the Act that the patient lacks capacity to make a particular health care decision. Treatment decisions pursuant to an advance directive shall not be made and implemented until there has been a reasonable opportunity to establish and where appropriate confirm, a reliable diagnosis for the patient which shall include the attending physician's opinion concerning the nature, cause, extent, and probable duration of the patient's incapacity, and shall be made a part of the patient's medical records. For additional information or to have a "Living Will" prepared, see your attorney. In addition, be certain your Last Will and testament is up to date.

As Americans, we take it for granted that we are entitled to make decisions about our own health care. Most of the time we make these decisions after talking with our own physician about the advantages and disadvantages of various treatment options. The right of a competent individual to accept or refuse medical treatment is a fundamental right now fully protected by law.

But what happens if serious illness, injury or permanent loss of mental capacity makes us incapable of talking to a doctor and deciding what medical treatments we do or do not want? These situations pose difficult questions to all of us as patients, family members, friends and health care professionals. Who makes these decisions if we can't make them for ourselves? If we can't make our preferences known how can we make sure that our wishes will be respected? If disagreements arise among those caring for us about different treatment alternatives how will they be resolved? Is there a way to alleviate the burdens shouldered by family members and loved ones when critical medical decisions must be made?

Living Will: By using documents known as advance directives for health care, you can answer some of these questions and give yourself the security of knowing that you can continue to have a say in your own treatment. A properly prepared Living Will permits you to plan ahead so you can both make your wishes known, and select someone who will see to it that your wishes are followed.

After all, if you are seriously ill or injured and can't make decisions for yourself someone will have to decide about your medical care. Doesn't it make sense to

• Have your partner or another person you trust make decisions for you,

• Provide instructions about the treatment you do and do not want, or

• Both appoint a person to make decisions and provide them with instructions.

About Kenneth Vercammen Kenneth Vercammen is a Litigation Attorney in Edison, NJ, approximately 17 miles north of Princeton. He often lectures for the New Jersey State Bar Association on Probate, personal injury, criminal / municipal court law and drunk driving. He has published 125 articles in national and New Jersey publications on municipal court and litigation topics. He has served as a Special Acting Prosecutor in seven different cities and towns in New Jersey and also successfully defended hundreds of individuals facing Municipal Court and Criminal Court charges. In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, arbitration hearings and contested administrative law hearings. Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court), with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.

Free Seminar- 2009 update Wills and Estate Planning

2009-01-11T13:00:00.000-08:00

Free Seminar- 2009 update Wills and Estate Planning

WHEN: January 28, 2009 12:30-1:10 PM

WHERE: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, 2nd floor, Edison, NJ

The cost for this program when held at Middlesex County College was $29.00. If you mail back you can attend for free

COST: Free if you pre-register. This program is limited to 15 people
Complimentary Sandwiches to pre-registered persons at 12:10

SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. 2009 increases in Federal Estate and Gift Tax exemption
3. NJ Inheritance tax
4. Power of Attorney
5. Living Will
6. Administering the Estate/ Probate/Surrogate
7. Question and Answer

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.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property as you wish and avoid many rigid provisions of state law.

To attend or for Information: Mike McDonald 732-572-0500
or email kenvnjlaws@verizon.net

Can’t attend? We can email you materials
Send email to kenvnjlaws@verizon.net

Our recent NJ Laws Email Newsletter discussed increased duties of the Executor or Administrator. The email newsletter also discussed how the revised NJ Probate Law makes a number of substantial changes in Probate and the administration of estates and trusts in New Jersey. If you send us your e-mail address we can provide you with a Free report on the changes in the law which may affect you. We also recently established the NJ Elder Law blog at http://elder-law.blogspot.com.
Website www.njlaws.com now provides Legal Information on Probate and Elder Law.
Very truly yours,

KENNETH VERCAMMEN
Chair ABA Elder Law Committee, Solo & Small Firm Division
To receive the njlaws Free Legal newsletter via email with Estate Administration & Probate information, email us at kenvnjlaws@verizon.net or fax us your email address.
Fax 732-572-0030
We send the newsletter via email only.
Email address: __________________________

Termination of Domestic Partnership

2009-01-01T17:09:00.000-08:00

Termination of Domestic Partnership

1. It is hereby agreed that _________________ and _________________, who have been domestic partners living together at [specify address and type of premises, apartment or house], shall separate and go their own ways. At this time neither party has the intention of resuming their former domestic partnership arrangement.
2. It is also agreed that each party shall retain complete and total control over his/her separate property, including any furnishings or furniture, that each brought into the relationship. A list of each party’s separate property is attached hereto as Exhibit A.
3. It is further agreed that the items listed in Exhibit B were purchased and are owned jointly by the parties. The parties divided these items in a fair and equitable manner. Each party is entitled to complete and total control over the items listed under their respective names in Exhibit B.
4. The parties agree to dispose of any and all joint debts and other joint obligations in the following manner: [specify each creditor, amount owed, who will pay obligation, indemnification clause].
5. The parties also agree [that both of them are leaving the shared premises] or [that __________________________________ is leaving the shared premises and _____________________________ will remain in the shared premises]. The one staying shall assume all responsibility for said premises from this date forward, except for any common debts incurred by the parties during their relationship. ____________ will take whatever action is required to [remove ______________’s name from the lease] or [refinance the mortgage].
6. The party who is leaving agrees not to reenter the premises without the remaining party’s permission, nor will he/she remove any items from the premises without the other party’s knowledge.
7. [Specify how jointly owned real estate is to be valued, listed, and sold].
8. Neither party shall have any claim against the other party’s business interests, pension or retirement funds, insurance proceeds, rights of inheritance, or any other property not specifically described in this Agreement.
9. Neither party shall have a claim to compensation from the other for services rendered during the time they lived together, for financial support of any kind, or for any other property, assets, or money not described in this Agreement.
10. The parties agree to resolve any dispute arising from this agreement through mediation. The mediator shall be an objective third party who is mutually agreed upon. The mediator’s role shall be to help the parties dissolve their relationship and resolve any differences concerning a division of jointly held property or other issues in a mature and unemotional manner. The parties agree to enter into mediation in good faith. [Parties agree to engage attorneys practicing collaborative law in order to resolve the issues involved in the termination of their relationship. Both parties understand that the collaborative process is engaged in with the specific intent to avoid litigation.]
11. In the event that the parties’ attempt at good-faith mediation is unsuccessful to resolve all issues in dispute, either party may seek to resolve the issues through arbitration through the use of the following protocol:
a. Deliver a written demand for arbitration to the other person and name one arbitrator;
b. The other party shall respond with the name of a second arbitrator within five days from receipt of the notice;
c. The two named arbitrators shall select and name a third arbitrator;
d. The arbitration meeting will take place within seven days following the selection of the third arbitrator;
e. Each party is entitled to retain legal counsel at his/her own expense;
f. Each party may present witnesses and evidence at the arbitration hearing;
g. The arbitrators shall issue their decision within five days after the hearing. Their decision shall set forth their findings and conclusion and shall be in writing. The decision shall be binding upon each party. The parties agree that neither one shall seek relief from the arbitration decision in court.
h. If the person to whom an arbitration demand is made fails to respond within five days, the other party may give an additional five days’ written notice of his/her intent to proceed. If there is still no response, the person initiating the arbitration may proceed with the arbitration before an arbitrator he/she has designated. Any award shall have the same force and effect as if all three arbitrators had settled it.
12. Each party states that he/she entered into this Agreement freely and voluntarily, without fraud, duress, threats, or coercion.
The parties, by signing below, indicate their intention to participate in this Agreement and the provisions set forth herein. Signed this ___ day of ______, 20__.

__________________________________ ______________________________
Signature Signature

State of ___________________
County of _________________

_______________________ and ________________________, the Principals, personally appeared before me and executed and acknowledged this Termination of Domestic Partnership/Living Together Arrangement before me this ____ day of _________, 20__.

_____________________________________
Notary Public

more info at http://www.njlaws.com/Termination_of_Domestic_Partnership.htm

Domestic Partnership Agreement, Shared Property (Simple)

2008-11-02T16:06:00.000-08:00

Selected clauses forDomestic Partnership Agreement, Shared Property (Simple)
for info, go to http://www.njlaws.com/Domestic_Partnership_Agreement_Shared_Property_Simple.htm

We, __________________________ and _________________________, make the following agreement:

1. We enter into this contract to set forth our rights and responsibilities to each other.

2. We intend to abide by the provisions of this agreement in the spirit of love, joy, cooperation, and good faith. [Specify the consideration for the contract].

3. We agree that all property owned by either of us, as of the date of this agreement, shall be considered to be and shall remain the separate property of each. Neither of us will have any claim to the separate property of the other absent a written agreement transferring ownership. A list of our major items of separate property are attached and incorporated into this agreement.

4. Our individual income, earned while we are living together and during this relationship, shall belong to both of us in equal shares. Likewise, all property accumulated from that income shall belong to both of us in equal shares. In the event we separate and/or terminate this domestic partnership we agree to divide all such accumulated property, in whatever form, equally between us.

5. We agree to maintain joint bank accounts. This includes checking and savings accounts. In the event we decide to obtain a joint credit card account we agree to be jointly liable for the credit card balance.

6. Neither party shall be responsible or liable for any credit card debt incurred by the other on his/her individual credit card accounts.

7. Neither of us shall be liable or responsible for the debts incurred by the other as an individual.

8. We agree to be jointly responsible for all joint debts and expenses.

9. We agree to equally divide all household and living expenses. This includes, but is not limited to, groceries, utilities, rent, and daily household expenses.

10. We also agree that we may, at some time, agree to own real property jointly. Any jointly held real property ownership shall be reflected either in writing or on the title to said property. In the event we dissolve our domestic partnership, we provide that any jointly held property will be divided into equal shares, unless we provide otherwise in a written document.

11. Any property received by one of us through gift or inheritance remains the separate property of the recipient. The other party has no claim on that separate property unless provided for in a written instrument.

12. Neither of us has any rights to, nor any financial interest in, any separate real estate owned entirely or partially by the other person. This includes any real property accumulated before or during our relationship.

13. We agree that either party can terminate this contract by giving the other party a one-week written notice of that intent. If either of us seriously considers leaving the relationship we both agree to at least three counseling sessions with a professional counselor or therapist.

14. In the event that this relationship is terminated we agree to divide all jointly held property equally. Neither of us shall have any claim against the other for support, property, or financial assistance.

15. We agree to resolve any dispute arising from this agreement through mediation. The mediator shall be an objective third party who is mutually agreed upon. The mediator’s role shall be to help us dissolve our relationship and resolve any differences concerning a division of jointly held property or other issues in a mature and unemotional manner. We agree to enter into mediation in good faith.

16. In the event that our attempt at good-faith mediation is unsuccessful to resolve all issues in dispute, either party may seek to resolve the issues through arbitration through the use of the following protocol:

a. Deliver a written demand for arbitration to the other person and name one arbitrator;

b. The other party shall respond with the name of a second arbitrator within five days from receipt of the notice;

c. The two named arbitrators shall select and name a third arbitrator;

d. The arbitration meeting will take place within seven days following the selection of the third arbitrator;

e. Each party is entitled to retain legal counsel at his/her own expense;

f. Each party may present witnesses and evidence at the arbitration hearing;

g. The arbitrators shall issue their decision within five days after the hearing. Their decision shall set forth their findings and conclusion and shall be in writing. The decision shall be binding upon each of us. We agree that neither party shall seek relief from the arbitration decision in court.

h. If the person to whom an arbitration demand is made fails to respond within five days, the other party may give an additional five days’ written notice of his/her intent to proceed. If there is still no response, the person initiating the arbitration may proceed with the arbitration before an arbitrator he/she has designated. Any award shall have the same force and effect as if all three arbitrators had settled it.

17. This agreement represents our complete understanding concerning our domestic partnership. It replaces any and all prior agreements, written or oral. We agree that this document can be amended only in writing and must be signed by both of us.

18. We acknowledge that both of us have had the opportunity to consult with an attorney of our choice to review this document. We also acknowledge that each of us, as individuals, is responsible for consulting with an attorney. The failure or refusal of either or both of us to do so shall not be construed to mean this Domestic Partnership Agreement was not entered into willingly, freely, and voluntarily by both of us.

19. We agree that in the event a court finds any portion of this contract to be illegal or otherwise unenforceable, the remainder of the contract shall remain in full force and effect.

Signed this _____ day of ______________, 20__, at _____________________, _______________.
__________________________________ ______________________________

Signature Signature

State of ___________________

County of _________________

______________________ and _____________________________, personally appeared before me and executed and acknowledged this Domestic Partnership Agreement before me this ____ day of ____________, 20__.

_____________________________________

Notary Public

Exhibit A: Separate Property of ____________________________________________

Exhibit B: Separate Property of ____________________________________________

Exhibit C: Jointly Held Property of _________________ and ___________________

WILLS, PROBATE AND ELDER LAW- Estate Planning for Same Sex couples

2008-10-12T05:19:00.000-07:00

WILLS, PROBATE AND ELDER LAW- Adult and Community Education
WHEN: Tuesday October 21, 2008 7 - 9 P.M.

East Brunswick Adult & Community Education Program
East Brunswick HIGH SCHOOL, Cranbury Rd
Course # FBB ...............................................................Fee: $29

Instructor: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
COMPLIMENTARY MATERIAL: Brochures on Wills, “Probate and Administration of an Estate”, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.

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 the state law. Topics covered by author of “Answer to questions about Probate” will include: Wills, revocable trusts, irrevocable trusts, power of attorney, living will, long term care insurance, reverse mortgage, plus the opportunity to ask questions.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.centraljerseyelderlaw.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.
Tues. 7:00–8:30 pm .......................................1 session: 10/21

Call the Adult Education Office for registration information 732- 613-6989
http://www.ebnet.org/Community_Programs/downloads/Fall_2008_Web.pdf
Please make checks payable to Adult and Community Education and mail to: Director, East Brunswick Adult and Community Education, EBHS, 380 Cranbury Road, East Brunswick, NJ 08816-3095.
About the Speaker: Kenneth Vercammen is an Elder Law and Litigation Attorney in Edison, NJ. He often lectures for the American Bar Association and New Jersey State Bar Association on Elder Law, personal injury, and criminal / municipal court matters. He has published 125 articles in national and New Jersey publications on legal topics. He speaks as a volunteer on Wills and Elder law to Adult Community Schools and non profit groups including Edison, Metuchen, Woodbridge, East Brunswick, North Brunswick, South Brunswick, Piscataway, Sayreville, Old Bridge, Spotswood and Perth Amboy Seniors. He has established New Jersey’s most popular Elder law website on the Internet to provide information on Probate, Elder Law and Traffic matters located at www.centraljerseyelderlaw.com.
East Brunswick Wills rev 9/30/08Macbook

Domestic Partnership Agreement, Separate Property (Simple)

2008-06-20T19:12:00.000-07:00

Domestic Partnership Agreement, Separate Property (Simple)

We, __________________________ and _________________________, make the following agreement:
1. We enter into this contract to set forth our rights and responsibilities to each other. [Recite the consideration for the contract.]
2. We intend to abide by the provisions of this agreement in the spirit of love, joy, cooperation, and good faith.
3. We agree that all property owned by either of us, as of the date of this agreement, shall be considered to be and shall remain the separate property of each. Neither of us will have any claim to the separate property of the other absent a written agreement transferring ownership. Lists of our major items of separate property are attached and incorporated into this agreement.
4. Our individual income and any property accumulated from that income shall remain the separate property of the person earning the income. Neither of us shall have any claim to this separate property.
5. Each of us shall maintain separate bank accounts. This includes checking, savings, and credit card accounts.
6. Neither of us shall be liable or responsible for the individual debts incurred by the other in her/his own name.
7. We agree to be jointly responsible for all debts we enter into together.
8. We agree to equally divide all household and living expenses. This includes, but is not limited to, groceries, utilities, rent, and daily household expenses.
9. We agree that there may be a need to maintain a joint bank account (checking or savings) for a specific purpose. In that event, we agree to contribute an equal amount to the bank account. Neither party will have the right to withdraw funds from that account without the permission and consent of the other.
10. We also agree that we may, at some time, agree to own property jointly. Any jointly held property ownership shall be reflected either in writing or on the title to said property. In the event we dissolve our domestic partnership, we provide that any jointly held property will be divided into equal shares, unless we provide otherwise in a written document.
11. Any property received by one of us through gift or inheritance remains the separate property of the recipient. The other party has no claim on that separate property unless provided for in a written instrument.
12. Neither of us has any rights to, nor any financial interest in, any real estate owned entirely or partially by the other person. This includes any real property accumulated before or during our relationship.
13. We agree that either party can terminate this contract by giving the other party a one-week written notice of that intent. If either of us seriously considers leaving the relationship we both agree to at least three counseling sessions with a professional counselor or therapist.
14. In the event that this relationship is terminated we agree to divide all jointly held property equally. Neither of us shall have any claim against the other for support, property, or financial assistance.
15. We agree to resolve any dispute arising from this agreement through mediation. The mediator shall be an objective third party who is mutually agreed upon. The mediator’s role shall be to help us dissolve our relationship and resolve any differences concerning a division of jointly held property or other issues in a mature and unemotional manner. We agree to enter into mediation in good faith.
16. In the event that our attempt at good-faith mediation is unsuccessful to resolve all issues in dispute, either party may seek to resolve the issues through arbitration through the use of the following protocol:
a. Deliver a written demand for arbitration to the other person and name one arbitrator;
b. The other party shall respond with the name of a second arbitrator within five days from receipt of the notice;
c. The two named arbitrators shall select and name a third arbitrator;
d. The arbitration meeting will take place within seven days following the selection of the third arbitrator;
e. Each party is entitled to retain legal counsel at his/her own expense;
f. Each party may present witnesses and evidence at the arbitration hearing;
g. The arbitrators shall issue their decision within five days after the hearing. Their decision shall set forth their findings and conclusion and shall be in writing. The decision shall be binding upon each of us. We agree that neither party shall seek relief from the arbitration decision in court.
h. If the person to whom an arbitration demand is made fails to respond within five days, the other party may give an additional five days’ written notice of his/her intent to proceed. If there is still no response, the person initiating the arbitration may proceed with the arbitration before an arbitrator he/she has designated. Any award shall have the same force and effect as if all three arbitrators had settled it.
17. This agreement represents our complete understanding concerning our domestic partnership. It replaces any and all prior agreements, written or oral. We agree that this document can be amended in only writing and must be signed by both of us.
18. We agree that in the event a court finds any portion of this contract to be illegal or otherwise unenforceable, the remainder of the contract shall remain in full force and effect.
Signed this _____ day of ______________, 20__, at _____________________,
_______________.
__________________________________ ______________________________
Signature Signature

State of ___________________
County of _________________
______________________ and _____________________________ personally appeared before me and executed and acknowledged this Domestic Partnership Agreement before me this ____ day of ____________, 20__.

_____________________________________
Notary Public

Exhibit A: Separate Property of ____________________________________________
Exhibit B: Separate Property of ____________________________________________

Domestic Partnership Agreement

2008-06-12T19:09:00.001-07:00

Domestic Partnership Agreement (Complex)

AGREEMENT, made this _____ day of _________, 20__, between _______________, residing at

______________________ [hereinafter referred to as “_____________”], and ________________, residing at

_______________________ [hereinafter referred to as “______________”].

WHEREAS, the parties intend to establish a domestic partnership and raise children together, and desire to set forth their agreements and expectations regarding their financial, property, and other rights and obligations arising out of the contemplated domestic partnership; and,

WHEREAS, by execution of this Agreement, the parties hereby revoke and nullify any and all written agreements previously executed by either or both parties; this Domestic Partnership Agreement supersedes any and all previously executed or unexecuted Domestic Partnership Agreements between the parties;

NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows:

1. Separate Property of Each Party
The parties wish to identify what will remain the separate property of each party during the domestic partnership, and to determine their rights in the event of a separation or dissolution of their domestic partnership, as hereinafter discussed.
The following shall constitute and remain the “separate property” of the respective parties: (a) property, whether real or personal, and whether vested, contingent, or inchoate, belonging to or acquired by a party prior to the contemplated domestic partnership of the parties, including without limitation the property listed on Schedules A-1 and A-2; (b) all property acquired by a party at any time by bequest, devise, inheritance, distribution from a trust, or by gift; (c) salary, wages, and other compensation for personal services; (d) retirement and pension benefits; (e) compensation for personal injuries; (f) proceeds of insurance policies received from any sources; (g) the increase in value of such property, whether or not such increase in value is due in whole or in part to the contributions or efforts of the other party; (h) rents, issues, profits, dividends, interest, or other income derived from other distributions upon such property; (i) the proceeds of the sale of such property; (j) property acquired in exchange for such property or acquired with the proceeds of the sale of such property; (k) any other property identified or defined as separate property elsewhere in this Agreement; and (l) any assets or property acquired at any time by either party in their singular name or jointly with another person. It is the agreement of the parties that unless property is denoted in this Agreement as joint property, it shall be considered separate property. Except as otherwise expressly provided in this Agreement, or by way of an addendum to this Agreement, each party shall be responsible for his/her own debts, unless a debt was undertaken in a joint manner, as evidenced by the documents creating such debt. Each party hereby indemnifies and holds harmless the other for any debt incurred by the party that is not a joint debt.

Except as otherwise expressly provided in this Agreement, each party shall keep and retain sole ownership, enjoyment, control, and power of disposal of his/her separate property of every kind and nature, now owned or hereafter acquired by such party, free and clear of any interest, rights, or claims of the other party by reason of the domestic partnership or otherwise. These rights include the right to dispose of his/her separate property by gift, sale, testamentary transfer, or in any other manner, and to encumber, pledge, or hypothecate such property.

Each party covenants and agrees not to make any claim or demand on the separate property of the other party or on the heirs, legal representatives, executors, or administrators of the other party with respect to the separate property of the other party, except as otherwise may be expressly provided in this Agreement.

If the parties commingled their separate property to acquire new property, the interests of the parties in this new property shall be separate property interests in proportion to their original contributions to the acquisition of such property.

Except as otherwise expressly provided in this Agreement, the separate property now or hereafter owned by one party can become joint or the property of the other party only by a written instrument reclassifying the property for purposes of this Agreement executed by the party whose separate property is thereby reclassified. No acts, conduct, or statements by either party shall change the status of separate property, other than an instrument executed by the party whose separate property is thereby reclassified.

No contribution by either party to the care, maintenance, improvement, custody, or repair of the separate property of the other party, whether such contributions are in the form of money, property, or personal services rendered, shall in any way alter or convert any of such separate property, or any increase in the value thereof, to the status of joint property. Any contributions by either party to the care, maintenance, improvement, custody, or repair of the separate property of the other party shall become part of the separate property of the other party, and the contributing party shall not have any claim for reimbursement. No use by either party of earnings or other separate property for joint or household expenses shall be construed to imply joint ownership of such assets.

Each party agrees, upon request, to cooperate with the other in connection with procuring loans secured by the other party’s separate property, including the execution of instruments waiving all rights with respect to the other’s separate property. The party owning the separate property shall indemnify and hold the party requested to execute such instruments harmless from and against any liability with respect thereto. Any proceeds derived from loans secured by a party’s separate property shall be said party’s separate property.

2. Joint Property
The parties recognize that they may from time to time acquire property in their joint names. This may include, for example, sums deposited into bank accounts in their joint names and stock and bond portfolios, certificates of deposit, and money market funds in their joint names.

Title to any and all savings accounts, certificates of deposit, money market certificates, cash reserve accounts, money management accounts, stocks, bonds, savings plans, securities, or any other funds or assets of the same or a similar nature (other than joint checking accounts) acquired jointly by both of the parties during the domestic partnership shall be placed in the names of both parties hereto in such manner that such assets may not be withdrawn or disposed of without the signatures of both parties thereto.

3. Gifts
All gifts given to the parties jointly shall be the joint property of the parties. Any gifts given from one party to the other prior to or during the domestic partnership shall be considered the separate property of the recipient of the gift, unless the party making the gift specifies that the property is to be the joint property of the parties. Such specification shall be in writing and attached to this Domestic Partnership Agreement as an Attachment.

4. General Living Expenses
The day-to-day living expenses of the parties, such as normal expenses for food, clothing, and entertainment, shall be paid by the parties in such proportions as they from time to time may agree upon in light of the then available resources of each party.

5. Joint Checking Account
The parties shall establish a joint checking account from which either party may withdraw funds for the payment of household and other joint living expenses, including living expenses of the child(ren). The parties shall contribute funds to this checking account as they from time to time may agree in light of the available resources and income of each party.
The funds in this checking account, and property purchased using these funds, shall be the joint property of the parties. This checking account is for the convenience of the parties, and the amounts deposited in the account are not intended to reflect the actual cost of living of either or both of the parties.

6. The Parties’ Residence
____________________ and ______________________ are the owners of a house known as ____________________________________________ (primary residence). Said primary residence is encumbered by a mortgage and the principal balance presently outstanding is approximately $______________.
It is the intention of the parties to reside in said primary residence with their children.

The expenses of ownership of the primary residence, including without limitation utilities, homeowners insurance, real estate taxes, maintenance, and ordinary repairs, shall be paid by the parties in such proportions as they from time to time may agree upon in light of the then available resources of each party.

If, during the domestic partnership, the primary residence is sold and another residence is purchased in its place, the substitute residence shall be treated in the same manner under this Agreement as the primary residence for which it was substituted, unless the parties otherwise agree in a written instrument amending this Agreement.

The furniture, furnishings, and other household effects in the primary residence shall be the joint property of the parties, with the exception of items that were the pre-domestic partnership separate property of either party and art, antiques, or collectibles acquired as separate property of either party.

7. Other Real Estate
The parties from time to time may own real property other than the primary residence. If a party acquires such property in his/her sole name, it shall be said party’s separate property for purposes of this Agreement. If the parties acquire such property as tenants in common, the interests of each party shall be separate property interests in the proportions set forth in the deed. If the parties acquire such property as joint tenants with rights of survivorship, it shall be joint property. The rights of the parties with respect to such property shall be governed by this Agreement unless they agree to some other treatment of such property in a written instrument amending this Agreement.

8. Pensions
Any pension plans of either party, heretofore or hereafter created, shall be and shall remain separate property of such party, free from any claim of the other party, notwithstanding the domestic partnership of the parties. Any pension plans that are the separate property of a party shall not be subject to equitable distribution and shall not be considered assets to which the other party would be entitled to share in, unless, in the event of death, the other party is designated on the pension plan documents as a beneficiary.

As used herein, “pension plan” shall mean any kind of pension plan, 401(k) plan, retirement plan, profit sharing plan, employee benefit plan, or any other form of deferred compensation to which a party may be entitled because of his/her employment or work. References to a party’s pension plan shall be deemed to include all monies held in such party’s pension plan or thereafter added to or accumulated in that pension plan, and any increments, accretions, or increases in the value of such pension plan, and any other rights such party has to the pension plan or such monies.

9. Children
It is the intention of the parties to have or adopt one or more children during the domestic partnership. It is the intention of the parties that during their domestic partnership, when one partner has a child, that partner will consent to the other partner’s undertaking of any and all steps to adopt that child.

It is the intention of each party to create an irrevocable life insurance trust that will be funded by their separate funds, and that will provide for the maintenance of the surviving partner, if the domestic partnership is still in effect at the time the other partner dies. Regardless of the status of the domestic partnership, the irrevocable life insurance trust will provide for the maintenance, health, education, and welfare of the parties’ child(ren). The parties agree that each will continue to fund their own irrevocable life insurance trust until such time the life insurance policy has been paid in full or the youngest child reaches the age of twenty-five. The parties hereby agree that all indicia of life insurance shall be set forth in Schedule C, attached hereto.

10. Termination of the Domestic Partnership
The parties recognize that it is in their best interests to set forth their agreement as to their respective rights in the event of a termination of their domestic partnership by separation or dissolution of their domestic partnership.

The parties agree that the value of the primary residence and/or any other property that is owned jointly or by another entity whereby both are beneficiaries or own an equitable interest shall be determined by obtaining a current appraisal from the lending institution that possesses a mortgage on the property. If either party feels the lending institution’s appraisal is inaccurate, then a second appraisal will be obtained at the cost of the party seeking another appraisal. Both appraisals will be averaged and that average shall be the price the parties will use to determine the fair market value of the property.

The parties intend to agree upon which party will be able to remain in the primary residence, depending upon a variety of factors, the most important factor being the best interest of their child(ren). To exercise the option to purchase the primary residence one party (the Proposed Buyer) must give the other party (the Proposed Seller) written notice of her election to purchase the Proposed Seller’s interest within 90 days after termination of the domestic partnership.

Termination of the domestic partnership shall be considered as written notice defined herein. If the parties cannot agree upon which party will remain in the primary residence, the primary residence will be placed with a real estate broker at listing price of the fair market value as determined by the method set forth above.

If practicable, the closing of title shall take place on a date not more than 60 days after the fair market value of the primary residence is determined. At the closing of title, the Proposed Buyer shall pay the amount due to the Proposed Seller and the Proposed Seller shall deliver good and clear title, free from encumbrances, and any documents that may be necessary or appropriate to transfer all of his/her right, title, and interest in the primary residence to the Proposed Buyer.

If either party elects to purchase the interest of the other party in the primary residence, the party who so elects shall also simultaneously purchase the interest of the other party in the jointly owned furniture, furnishings, and other household effects of the residence for the fair market value of such interest.

If neither party exercises the aforesaid options, the primary residence shall be promptly listed for sale with a broker mutually agreeable to the parties. The parties shall jointly agree to the listing price. If the parties cannot agree, then the average of the appraisals discussed earlier in this section shall be used to determine the listing price.

If the primary residence does not sell at the listing price within a reasonable period of time, said price shall be reduced until the residence is sold. A reasonable period of time is agreed upon to be six to eight months. The parties agree that the reduction in price will begin at five percent of the listing price. The reduction will continue in increments of five percent until the primary residence is sold.

The net proceeds from the sale of the primary residence, after deducting for all related expenses in connection with the sale, shall be divided equally between the parties. Any liens and encumbrances levied against the primary residence as the result of a debt owed by either party shall be paid by that party with his/her own separate assets prior to the passing of title to the Proposed Buyer.

In the event of the termination of the domestic partnership, the parties shall have joint legal custody of any minor children of the parties. It is the expectation of the parties that the children will reside predominantly with their respective birth or legal parent[; however, the other party shall have frequent and meaningful contact/ parenting time with the child(ren)].
Each party agrees to pay reasonable amounts, in light of his/her available income and resources, for the support of any minor children of the parties, at a minimum, in an amount that is set forth in the current child support guidelines of the state in which the parties reside. The parties agree to consult and negotiate in good faith regarding the children’s education, visitation, payment of medical expenses, and other issues that may arise regarding the children in the event of the termination of the domestic partnership.

In the event of the termination of the domestic partnership any joint property acquired by the parties during the domestic partnership shall be divided equally between the parties, notwithstanding the percentage contribution each party may have made to acquire or create such property.

The parties recognize that some items of joint property, such as tangible personal property, cannot be readily divided into shares. If the parties cannot agree on the division of any such items or the fair compensation that one party should pay to the other for his/her share of such items, such items shall be sold so that the proceeds of sale may be divided equally.
Each party hereby irrevocably waives, releases, and relinquishes any and all claims or rights that he/she now or hereafter might otherwise have to or against the separate property now owned or hereafter acquired by the other party. This includes, without limitation, laws relating to equitable distribution, marital property, community property, curtesy, dower, or any other interest or right of distribution of property by reason of domestic partnership, cohabitation, union, or marriage. Each party recognizes that this waiver includes rights he/she might otherwise have or acquire in the future under the laws of the state in which the parties resided at the time the domestic partnership terminated.

As used herein, the term “termination of the domestic partnership” shall mean either party sending the other party written notice of intent to terminate the domestic partnership.

Notice shall be sent by first class mail, certified mail, or any other form of mailing by which confirmation of delivery can be ascertained. Notice shall be sent to the party’s current residence where that person normally receives mail or to the party’s last known address.

11. Death of the Parties
The parties recognize that it is in their best interests to set forth their Agreement as to their respective rights upon the death of either party during the domestic partnership.

All jointly owned property shall pass in accordance with the laws of the state in which the property is located. Title to property held jointly with rights of survivorship will pass to the survivor in accordance with state law.
Each party retains sole control over his/her separate property. Each party shall have the right to dispose of that separate property either by will or inter vivos or in accordance with the rules of intestate succession of the state in which the decedent was domiciled.

Nothing in this Agreement shall restrict the right of either party to bequeath or give property to the other party. If either party should provide that the other party shall receive property, as a bequest or gift under his/her last will and testament or otherwise, including without limitation life insurance proceeds, pension or profit sharing plan benefits, and assets held as joint tenants with rights of survivorship, such other party shall have the right to receive such property. The parties agree, however, that no promises of any kind have been made by either of them to the other with respect to any such bequest or gift.

The obligations set forth in this Article 11 shall terminate and cease to be binding in the event of the termination of the domestic partnership by separation or dissolution of their domestic partnership or annulment, except separate property shall always remain separate property.

If, upon the death of either party, an action for separation or dissolution of their domestic partnership or annulment has been commenced but a judgment has not been entered, any rights of the surviving party to share in the estate of the deceased party shall be extinguished and the surviving party shall be entitled to receive from the decedent’s estate only what the surviving party would have been entitled to pursuant to the Agreement had a judgment of separation or dissolution of their domestic partnership been entered.

12. Full Disclosure
A copy of the parties’ current net worth statement is attached hereto as Schedule B. The parties affirm that the contents of the net worth statement are accurate and true.

Each party has made independent inquiry, to his/her own satisfaction, into the complete financial circumstances of the other, and acknowledges that he/she is fully informed of the income, assets, and financial prospects of the other.
[Neither of the parties has been previously married. Neither of the parties has living children.]

13. Legal Representation
The parties acknowledge that they have retained and have been represented by separate and independent legal counsel of their own choosing in connection with the negotiation of this Agreement. _______________________ consulted with Attorney _____________________________. ____________________________ consulted with Attorney _________________________. Each has been separately and independently advised regarding this Agreement including the rights waived or otherwise released herein.

14. Notices
Any notice, demand, or other communication required or permitted under this Agreement shall be in writing and shall be delivered by hand or by courier or by certified or registered mail, return receipt requested, to a party at his/her address stipulated above or at such other address as the party may designate.

15. General Provisions
This Agreement is entire and complete and embodies all understandings and agreements between the parties. All prior understandings, agreements, conversations, communications, representations, correspondence, and other writings are merged into this instrument, which alone sets forth the understanding and agreement of the parties.

Each party acknowledges that all of the matters embodied in this Agreement, including all terms, covenants, conditions, waivers, releases, and other provisions contained herein, are fully understood by each; that this Agreement is fair, just, and reasonable; that each party is entering into this Agreement freely, voluntarily, and after due consideration of the consequences of doing so; and that this Agreement is valid and binding upon each party.

This Agreement and each provision thereof shall not be amended, modified, discharged, waived, or terminated except by a writing executed by the party sought to be bound. Failure of a party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall it affect the parties’ rights to require strict performance of any other portion of this Agreement. Any waiver by either party of any provision of this Agreement or of any right or option hereunder shall not be deemed a continuing waiver and shall not prevent such party from thereafter insisting upon the strict performance or enforcement of such provision, right, or option.

The parties agree that each of them, upon request of the other party or the legal representatives of the other party, shall execute and deliver such other and further instruments as may be necessary or appropriate to effectuate the purposes and intent of this Agreement. Each party, upon request of the other, shall execute and deliver a confirmation that this Agreement remains in full force and effect.

This Agreement and all rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of ____________. The laws of the State in which the parties reside with their child(ren) shall govern irrespective of whether either or both of the parties heretofore or hereafter reside or are domiciled in any other jurisdiction and irrespective of whether any property is located in any other jurisdiction. If any provision of this Agreement should be held to be invalid or unenforceable under the laws of any State, county, or other jurisdiction in which enforcement is sought, the remainder of this Agreement shall continue in full force and effect.

This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns.

Designation of Agent for partner form

2008-04-27T18:38:00.001-07:00

Designation of Agent

I, ________________________, designate my partner, _________________________, to be my agent empowered with the following authority.

1. VISITATION AUTHORITY: To give notice that, if I am admitted to a medical facility of any type, a nursing home, hospice, or similar health care, skilled nursing, or custodial facility, my agent, _____________________________, shall be designated as “family” as that term is defined by the Joint Commission on Accreditation of Healthcare Organizations. JCAHO defines “family” as “The person(s) who plays a significant role in the individual’s [patient’s] life. This may include a person(s) not legally related to the individual.” (Joint Commission Resources, JCR, 2001 Hospital Accreditation Standards, p. 322).
My agent shall have priority in being admitted to visit me in such facility. My partner, as my agent, is designated as the person to be consulted by medical or health care personnel concerning my care and treatment. This is in keeping with the Health Care Power of Attorney I executed. My agent shall also have the authority to determine who will be permitted to visit me while in the facility and during any recovery at home.

This authorization supersedes any preference given to parties related to me by blood or by law or other parties desiring to visit me. These instructions shall remain in full force and effect unless and until I freely give contrary written instructions to competent medical personnel on the premises involved. My subsequent disability or incapacity shall not affect these instructions.

2. RECEIPT OF PERSONAL PROPERTY: My agent shall also have the right to receive any and all items of personal property and effects that may be recovered from or about my person by any hospital, nursing home, other health care facility, police agency, or any other person or public/private entity at the time of my illness, disability, or death. This specifically includes cash or other liquid asset(s).

3. DISPOSITION OF REMAINS/AUTOPSY AUTHORIZATION/FUNERAL ARRANGEMENTS: My agent shall have the authority to authorize an autopsy if it is deemed necessary or is required by law. In matters concerning the disposition of my remains and funeral arrangements, I provide that my agent/partner, or any other person directed to dispose my remains, shall follow my instructions for any funeral services. Any limitations on this authority are specified in this document.
My agent is to direct the disposition of my remains by the following method:
burial ______ cremation ______ . The specific instructions are found in ______________________________________________________________________________________________ .
In this regard, my agent has the authority to make all decisions necessary for my obituary notice, funeral, any mortician’s role therein, burial services, interment or cremation of my body, including, but not limited to the selection of a casket or urn, selection, care and tending of a grave site, and selection of a gravestone including the inscription thereon.

4. SPECIFIC INSTRUCTIONS CONCERNING MY AGENT’S AUTHORITY OR LIMITATIONS THEREON: My agent shall have access to all medical records and information pertaining to me and concerning treatments, procedures, treatment plans, etc. This includes the right to disclose this information to other people. I explicitly authorize any medical or health care provider to release information requested by my agent to him/her and consider my agent an authorized person to receive such information under the Health Information Portability and Accessibility Act (HIPAA).
My agent has the authority to admit or discharge me from any hospital, nursing home, residential care, assisted living or similar facility, or service entity. My agent also has the authority to hire and fire medical, social service, and other support personnel. My agent is primarily responsible for my medical and health care.

_________________ ___________________________________________
Date Principal

State of _____________
County of ___________

Before me, a Notary Public in and for said County and State, personally appeared the above named, ___________________________, who acknowledged that he/she did sign the foregoing two-page instrument, and that the same is his/her free act and deed.

In Testimony Whereof, I have hereunto set my hand and official seal at __________, __________________, this _______ day of _________, 20___.

___________________________________________
Notary Public

WILLS, PROBATE AND ELDER LAW- Adult and Community Education

2008-04-06T17:06:00.000-07:00

WILLS, PROBATE AND ELDER LAW- Adult and Community Education
WHEN: Tuesday April 8, 2008 7 - 8:30 P.M.
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 the state law. Topics covered by author of “Answer to questions about Probate” will include: Estate Planning for Same Sex Coupls, Wills, revocable trusts, irrevocable trusts, power of attorney, living will, long term care insurance, reverse mortgage, plus the opportunity to ask questions.
Instructor: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)

COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.centraljerseyelderlaw.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.

East Brunswick Adult & Community Education Program
East Brunswick HIGH SCHOOL, Cranbury Rd
Course # SPS ....... Fee: $29
Tues. 7:00–9:00 pm ........ 1 session: 4/8

$ 29.00 registration fee required by adult school for all others. Call the Adult Education Office for registration information 732- 613-6989
http://www.ebnet.org/Community_Programs/downloads/Spring_2008_Web.pdf
Please make checks payable to Adult and Community Education and mail to:
Director, East Brunswick Adult and Community Education,
EBHS, 380 Cranbury Road, East Brunswick, NJ 08816-3095.

About the Speaker: Kenneth Vercammen is an Elder Law and Litigation Attorney in Edison, NJ. He often lectures for the American Bar Association and New Jersey State Bar Association on Elder Law, personal injury, and criminal / municipal court matters. He has published 125 articles in national and New Jersey publications on legal topics. He speaks as a volunteer on Wills and Elder law to Adult Community Schools and non profit groups including Edison, Metuchen, Woodbridge, East Brunswick, North Brunswick, South Brunswick, Piscataway, Sayreville, Old Bridge, Spotswood and Perth Amboy Seniors. He has established New Jersey's most popular Elder law website on the Internet to provide information on Probate, Elder Law and Traffic matters located at www.centraljerseyelderlaw.com.

Middlesex County Bar Association 3rd Annual Awards Dinner

2008-03-01T08:23:00.000-08:00

Middlesex County Bar Association 3rd Annual Awards Dinner
On March 19, 2008, the Middlesex County Bar Association will hold its third annual awards dinner at Sunny Palace Restaurant on Route 18 South in East Brunswick. Awards will be given to bar members in the following areas: Pro Bono; Non-Litigation; Civil Trial Practice; Criminal Trial Practice; and Municipal Court Practice.

The guest speaker will be Hon. Travis L. Francis, AJSC.
The MCBA will pay tribute to these bar members for their significant contributions to their respective practice areas.
The following awards will be given:

-Pro Bono Attorney-of-the Year Henry Gurshman
-Civil Trial Practitioner-of-the-Year John Gorman
-Criminal Trial Attorney-of-the-Year Jim Nolan & Nicole Albert
-Municipal Court Practitioner-of-the-Year Kenneth Vercammen
-Young Lawyer of the Year Kimberly Yonta Aronow
-Transactional Attorney of the Year Michael Schaff

The purpose of the Awards is to recognize attorneys practicing in Middlesex County and adjacent municipalities who devote a significant portion of their law practice to their respective practice areas and exhibit one or more of the following:

- Leadership in the potential candidate’s field of practice;
- Significant, tangible contributions to the Bar, such as participation in educational panels, Bar committees, etc, pertaining to non-litigation issues;
- Contributions to the community and/or charitable endeavors;
- A record promoting participation and involvement in the MCBA and collegiality within the Association; and
- A reputation for personal and professional integrity.

The evening will commence with a cocktail hour (cash bar) at 6:00 p.m. and dinner will be served at 7:00 p.m. The cost to attend is $35 for MCBA Young Lawyers, $40 for MCBA Members and $45 for all others, in advance.
For additional information, contact the Bar Office at (732) 828-3433, ext. 102.
More details at http://www.mcbalaw.com/cde.cfm?event=186648

Sunny Palace
1069 Route 18 South
East Brunswick, NJ 08816

General Durable Power of Attorney

2008-02-26T18:26:00.000-08:00

Warning to Person Executing This Document
This is an important and powerful document. It creates a durable power of attorney. Before executing this document you should know these facts:

1. This document provides the person you designate as your attorney-in-fact with broad powers to dispose, sell, convey, and encumber your real and personal property.

2. These powers will exist for an indefinite period of time unless you limit their duration in this document. These powers will continue to exist even if you become disabled, incapacitated, or incompetent.

3. You have the right to revoke or terminate this durable power of attorney at any time; however, you must do so in writing.

I, (principal’s name) of (principal’s address) , the Principal, hereby create this General Power of Attorney for the purpose of enabling the Agent named below to act as my agent and attorney-in-fact on all matters at all times, either before or after my disability.

1. Designation of Agent. I hereby designate and appoint (agent’s name) of (agent’s address) to be my agent and attorney-in-fact to act in my name and stead for all purposes.

In the event that my designated agent named above shall, at any time, be unable or unwilling to serve, or continue to serve, as my agent and attorney-in-fact, I hereby designate and appoint (alternative agent’s name) of (alternative agent’s address) to be my agent and attorney-in-fact to act in my name and stead for all purposes.

2. Effective Date. This General Power of Attorney and the powers conferred herein shall be effective as of the date I execute this document as set forth below.

3. Disability or Disappearance of Principal. This General Power of Attorney shall not be affected by my disability. The powers and authority conferred to my agent _____ in this instrument shall be fully exercisable by him/her notwithstanding my subsequent disability or incapacity or any later uncertainty as to whether I am alive or dead. All acts performed by my agent pursuant to this General Power of Attorney during any period of my disability or incompetence or during any period of uncertainty as to whether I am alive or dead shall have the same effect and inure to the benefit of and bind me, my heirs, devisees, and personal representative, to the same extent as if I were alive, competent, and not disabled.

4. Nomination of Guardian of Person and Estate. In the event I become disabled and am unable to manage my own affairs, I hereby nominate _______________ as the Guardian of my person and estate. I nominate him/her as my Guardian because he/she is best suited to carry out my wishes, desires, and intentions concerning my estate. He/She is also the person who has my best interests at heart. I trust him/her completely and ask the Probate Court to honor my selection of my Guardian. I also ask that my nominee serve without bond.

In the event the Probate Court does not name my nominee as the Guardian of my person and estate, I demand that the person selected by the Court be required to post a bond to serve in the capacity of Guardian.

5. Powers of Agent. The Agent acting under this General Power of Attorney shall have the full power and authority to do and perform every act and thing to the same extent as I could do if personally present and under no disability. The Agent shall have all of the powers, rights, discretions, elections, and authority conferred by statute, the common law, or rule of court or governmental agency that are reasonably necessary for the Agent to act on my behalf for any purpose. In addition to these general powers, the Agent shall have the following specific powers:

a. The power to request, ask, demand, sue for, recover, sell, collect, forgive, receive, and hold money, debts, dues, commercial paper, checks, drafts, accounts, deposits, legacies, bequests, devises, notes, interests, stocks, bonds, certificates of deposit, annuities, pension and retirement benefits, insurance proceeds, any and all documents of title, choses in action, personal and real property, intangible and tangible property and property rights, and demands whatsoever, liquidated or unliquidated, as now are, or may become, owned by, or due, owing, payable, or belonging to me, or in which I have or may hereafter acquire an interest; to have, use, and take all lawful means and equitable and legal remedies, procedures, and writs in my name for the collection and recovery thereof, and to adjust, sell, compromise, and agree for the same; and to make, execute, and deliver for me, on my behalf and in my name, all endorsements, acceptances, releases, receipts, or other sufficient discharges for the same.

b. The power to prepare, sign, and file joint or separate income tax returns or declarations or estimated tax returns for any year or years; to prepare, sign, and file gift tax returns with respect to gifts made by me, or by the Agent on my behalf, for any year or years; to consent to any gift and to utilize any gift-splitting provision or other tax election; and to prepare, sign, and file any claim for refund of any tax. This power is in addition to and not in limitation of the tax powers granted in the next paragraph.

c. The power and authority to do, take, and perform each and every act and thing that is required, proper, or necessary to be done, in connection with executing and filing any tax return, receiving and cashing any refund checks with respect to any tax filing, and dealing with the Internal Revenue Service and any state and local tax authority concerning any gift, estate, inheritance, income, or other tax, and any audit or investigation of same. This power shall include the power to do all acts that could be authorized by a properly executed Form 2848, entitled “Power of Attorney and Declaration of Representative,” granting the broadest powers provided therein to the Agent.

d. The power to conduct, engage in, and transact any lawful matter of any nature, on my behalf or in my name, and to maintain, improve, invest, manage, insure, lease, or encumber, and in any manner deal with any real, personal, tangible, or intangible property, or any interest in them, that I now own or may later acquire, in my name and for my benefit, upon such terms and conditions as the Agent shall deem proper.

e. The power to exercise or perform any act, power, duty, right, or obligation that I now have, or may later acquire, including, without limiting the foregoing, the right to enter into a contract of sale and to sell any real, personal, tangible, or intangible property on my behalf and the right to renounce or disclaim any testamentary or nontestamentary transfer intended for me.

f. The power to make, receive, sign, endorse, acknowledge, deliver, and possess insurance policies, documents of title, bonds, debentures, checks, drafts, stocks, proxies, and warrants, relating to accounts or deposits in, or certificates of deposit, other debts and obligations, and such other instruments in writing of any kind or nature as may be necessary or proper in the exercise of the rights and powers herein granted.

g. The power to sell any and all shares of stocks, bonds, or other securities now belonging to or later acquired by me that may be issued by any association, trust, or corporation, whether private or public, and to make, execute, and deliver any assignment or assignments of any such shares of stocks, bonds, or other securities.

h. The power to conduct or participate in any business of any nature for me and in my name; execute partnership agreements and amendments thereto; incorporate, reorganize, merge, consolidate, recapitalize, sell, liquidate, or dissolve any business; elect or employ officers, directors, and agents; carry out the provisions of any agreement for the sale of any business interest or the stock therein; and exercise voting rights with respect to stock, either in person or by proxy, and exercise stock options.

i. The power to enter any safe deposit box rented by me, and to remove all or any part of the contents thereof, and to surrender or relinquish said safe-deposit box. Any institution in which any such safe-deposit box may be located shall not incur any liability to me or my estate as a result of permitting the Agent to exercise the powers herein granted.

j. The power to make outright gifts of cash or property to adults or to minors in custodial form under an applicable Gifts to Minors Act, in amounts not to exceed Eleven Thousand Dollars ($11,000.00) to each adult or minor donee in any calendar year. Permissible donees hereunder shall include my partner, any of my children or stepchildren and their descendants, or any descendant of a brother or sister of mine or of any person to whom I shall have been married, as well as any person who shall be married to any of the foregoing.

k. To make gifts to facilitate my qualifying for the receipt of government benefits for my long-term health care and nursing home care needs (e.g., old age pension and Medicaid benefits). Any gifts made pursuant to this paragraph are to be made unconditionally as determined in the sole discretion of my attorney-in-fact. Such gifts shall be irrevocable. My attorney-in-fact is authorized to make said gifts so long as my long-term care is reasonably provided for by my assets subject to this Power, or otherwise during the time period I would be disqualified from receiving long-term care and/or medical assistance under the State Medicaid program. Any gifts may be made outright or in trust and may include both real and personal property.

l. The power to convey or assign any cash or other property of which I shall be possessed to the trustee or trustees of any trust that I may have created, provided that such trust is subject to revocation by me, which power shall be exercisable hereunder by the Agent.

m. The power to purchase United States Government Bonds known as “Flower Bonds,” which may be used in payment of death taxes from my estate.

n. Subject to the provisions of Section 1 above, the power to appoint a substitute or alternate agent and attorney-in-fact, who shall have all powers and authority of the Agent.

6. Limitation of Power of Agent. Notwithstanding any other provision of this General Power of Attorney, the Agent shall have no rights or powers hereunder with respect to any act, power, duty, right, or obligation relating to any person, matter, transaction, or property held or possessed by me as a trustee, custodian, personal representative, or other fiduciary capacity. In addition, the Agent shall have no power or right to perform any of the following functions:

7. Ratification. I hereby ratify, acknowledge, and declare valid all acts performed by the Agent on my behalf prior to the effective date of this General Power of Attorney.

8. Revocation and Termination. This General Power of Attorney is revocable by me, provided that insofar as any governmental agency, bank, depository, trust company, insurance company, other corporation, transfer agent, investment banking company, or other person who shall rely upon this power, this power may be revoked only by a notice in writing executed by me and delivered to such person or institution.

This General Power of Attorney shall not be revoked or otherwise become ineffective in any way by the mere passage of time, but rather shall remain in full force and effect until revoked by me in writing.

I hereby revoke any and all general powers of attorney previously executed by me, if any, and the same shall be of no further force or effect. However, I do not intend in this General Power of Attorney to affect, modify, or terminate any special, restricted, or limited power or powers of attorney previously granted by me in connection with any banking, borrowing, or commercial transaction.

9. Construction. This General Power of Attorney is executed and delivered in the State of ______________, and the laws of the State of _______________ shall govern all questions as to its validity and as to the construction of its provisions. This instrument is to be construed and interpreted as a general durable power of attorney. The enumeration of specific powers is not intended to limit or restrict the general powers granted to the Agent in this instrument.

10. Reliance. Third parties may rely upon the representations of the Agent as to all matters related to any power granted to the Agent in this instrument, and no person who acts in reliance upon the representation of the Agent shall incur any liability to me or my estate as a result of permitting the Agent to exercise any power. Third parties may rely upon a photocopy of this executed General Power of Attorney to the same extent as if the copy were an original of this instrument. This document consists of [number of] pages of which this is the last.

IN WITNESS WHEREOF, I have executed this Durable Power of Attorney on the ______ day of _______________, 20___.

_________________________________
Principal
State of ___________________
County of _________________

____________________________________, the Principal, personally appeared before me and executed and acknowledged this Durable Power of Attorney for Finances before me this ______ day of ____________, 20_____.

_____________________________________
Notary Public

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GOVERNOR CORZINE SIGNS LEGISLATION specifically provide that “gender identity or expression” and “national origin” are within the protected classes

2008-02-24T19:21:00.000-08:00

GOVERNOR CORZINE SIGNS LEGISLATION specifically provide that “gender identity or expression” and “national origin” are within the protected classes
S-2975/A-4591 (Buono, Weinberg/Caraballo, Vainieri Huttle, Chivukula, McKeon) – Revises laws concerning hate crimes and bullying; establishes Commission on Bullying in Schools.
Section 1 of the bill amends the law concerning the crime of bias intimidation to specifically provide that “gender identity or expression” and “national origin” are within the protected classes set forth in the statute. Current law enumerates the protected classes of “race, color, religion, gender, handicap, sexual orientation, or ethnicity.” Although a bias crime based on gender identity or expression or national origin can be prosecuted using the protected classes currently enumerated in the law, this amendment makes clear that these classes are intended to fall within the provisions of the statute. In addition, section 1 replaces the outdated term “handicap” with the more contemporary term “disability.” This change is not intended to change substantive law. Under the provisions of this section, a person may be guilty of the crime of bias intimidation if he commits, attempts, conspires, or threatens the immediate commission of certain specified offenses with a purpose to intimidate an individual or group because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity or knowing that the conduct would cause an individual or group to be intimidated on that basis or under circumstances in which the victim believes he was targeted on that basis. The bill further clarifies the law by specifying that it is not a defense to a prosecution for the crime of bias intimidation that the defendant was mistaken as to the race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity of the victim.
Section 1 also adds a new subsection f. to N.J.S.A.2C:16-1 to provide for additional penalties for the crime of bias intimidation. Under this subsection, a court may order a person convicted of bias intimidation to: complete a class or program on sensitivity to diverse communities, or other similar training in the area of civil rights; complete a counseling program intended to reduce the tendency toward violent and antisocial behavior; or make payments or other compensation to a community-based program or local agency that provides services to victims of bias intimidation. These penalties would be in addition to any other penalties required by the State’s sentencing laws.
Section 2 of the bill amends N.J.S.A.2A:53A-21 to include a purpose to intimidate because of “gender identity or expression” or “national origin” in the existing civil cause of action for bias crime victims. In addition, the bill replaces the outdated term “handicap” used in N.J.S.A.2A:53A-21 with the more contemporary term “disability.” Under the provisions of this section of the bill, a person, acting with purpose to intimidate an individual or group because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity, who engages in conduct that is an offense under the provisions of the New Jersey criminal code, commits a civil offense and may be liable for damages, including punitive damages.
Section 3 of the bill amends N.J.S.A.52:4B-11 to add the crime of bias intimidation to the list of crimes for which the Victims Crimes Compensation Agency may order the payment of compensation for personal injury or death. Including victims of bias intimidation specifically in N.J.S.A.52:4B-11 will enable them to be the beneficiaries of the services the Victims Crimes Compensation Agency offers.
Section 4 of the bill would require local and county police to include information about bias crimes in their quarterly reports of crime to the Attorney General. This information would then be included by the Attorney General in the annual report of crime in New Jersey submitted to the Governor and the Legislature pursuant to N.J.S.A.52:17B-5.5.
Section 5 of the bill would require the Attorney General or the Division of State Police, if the Attorney General so designates, to maintain a central repository of information submitted from county and local police concerning bias crimes. The information in the repository would be available to the public.
Section 6 would require the Police Training Commission to require all new police officers to complete two hours of training, which may include interactive training, in identifying, responding to, and reporting bias intimidation crimes. The Police Training Commission would develop or revise the course in consultation with the New Jersey Human Relations Council. The training course shall include the following topics:
• features that identify or could identify a bias intimidation crime;
• laws dealing with bias intimidation crimes
• law enforcement procedures, reporting, and documentation of bias intimidation crimes; and
• techniques and methods to handle incidents of bias intimidation crimes, including training on how to deal sensitively with victims and referring victims of bias intimidation crimes to organizations that provide assistance and compensation to victims.
Section 7 of the bill amends N.J.S.A.18A:37-15 to require each district’s bullying policy to include a requirement that the policy be posted on the district’s website and distributed annually to parents and guardians.
Section 8 of the bill would require school districts to amend their bullying policies, post bullying policies on the web, and notify students and parents that the policy is available online within 120 days of the date of enactment (60 days from the effective date of section 8 of the bill).
Section 9 of the bill would establish the Commission on Bullying in Schools. The commission shall consist of 14 members as follows:
• the Commissioner of the Department of Education, or his designee;
• the Director of the Division on Civil Rights in the Department of Law and Public Safety, or his designee;
• the Governor shall appoint eight public members: one representative of the New Jersey Education Association, one representative of the New Jersey School Boards Association, one representative of the Anti-Defamation League, one representative of the New Jersey Principals and Supervisors Association, and four public members with a background in, or special knowledge of, the legal, policy, educational, social or psychological aspects of bullying in schools;
• the President of the Senate shall appoint two public members with a background in, or special knowledge of, the legal, policy, educational, social or psychological aspects of bullying in schools; and
• the Speaker of the General Assembly shall appoint two public members with a background in, or special knowledge of, the legal, policy, educational, social or psychological aspects of bullying in schools.
The commission shall study and make recommendations regarding:
• the implementation and effectiveness of school bullying laws and regulations;
• the adequacy of legal remedies available to students who are victims of bullying and their parents and guardians;
• the adequacy of legal protections available to teachers who are in compliance with school bullying policies;
• training of teachers, school administrators, and law enforcement personnel in responding to, investigating and reporting incidents of bullying;
• funding issues related to the implementation of the State school bullying laws and regulations; and
• the implementation of a possible collaboration between the Department of Education and the Division on Civil Rights in the Department of Law and Public Safety on a Statewide initiative against school bullying.
Members shall be appointed within 30 days of enactment and serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the commission for its purposes.
The commission shall choose a chairperson from among its members. Any vacancy in the membership shall be filled in the same manner as the original appointment.
The commission shall conduct a minimum of three public hearings: one in the northern portion of the State; one in the central portion of the State; and one in the southern portion of the State.
The commission shall report its findings and recommendations, along with any legislation it desires to recommend for adoption by the Legislature, to the Governor and the Legislature. The commission shall issue its final report no later than nine months after final appointment of its members and expire thereafter.
The committee amended the bill to require school districts to amend their bullying policies, post bullying policies on the web, and notify students and parents that the policy is available online within 120 days of the date of enactment (60 days from the effective date of section 8 of the bill). The committee also amended the bill to add a representative of the New Jersey Principals and Supervisors Association to the Commission on Bullying in Schools created by the bill.

Portions of a Will Format used for Same Sex Couples

2008-02-08T19:54:00.000-08:00

Portions of a Will Format used for Same Sex Couples

Last Will and Testament
of
______________________________________

I, _____________________________, of ______________________, ______________, hereby make, publish, and declare this to be my Last Will and Testament and revoke all previous wills and codicils made by me.
Section 1. Identification of Family
1.01 My partner’s name is ____________________________. All references in this will to my partner, whether or not specifically named, shall mean only my partner, ______________________.
1.02 I have (no) living children or issue. [Specify names of children and whether they are minors or adults. If minors, will must also include a Guardian of Person and Estate clause in conformance with state law. Include the partner’s children in the definition of children whether biological or adopted; include any children where the partner’s adoption petition has not been finalized.]
Section 2. Nomination of Executor
2.01 I hereby nominate ________________________ to serve as my Executor. Should this person be unable or unwilling at any time to serve as my Executor, I nominate ___________________ of ________________________, ________________, to serve as my Alternate Executor.
2.02 I direct that my Executor, and any successor thereto, be permitted to serve without bond in any jurisdiction.
Section 3. Disposition of Tangible Personal Property
3.01 I give, devise, and bequeath my tangible personal property to my partner, ___________________________. My Executor may, in his/her sole discretion, sell any of the property that, in his/her opinion, is not suitable for distribution, and the proceeds thereof shall become a part of my residuary estate. If the devisee named in this section does not survive me, I direct that the said property be disposed of or distributed with the residue of my estate.
Section 4. Residuary Devise
4.01 The balance of my residuary estate shall consist of all property or money owned by me at the time of my death and not otherwise effectively disposed of in this will, including all insurance proceeds or other death benefits that are payable to my estate but excluding any property over which I may have a power of appointment, less all valid claims asserted against my estate and all expenses incurred in administering my estate, including expenses of administering nonprobate assets.
4.02 I give, devise, and bequeath the balance of my residuary estate to my partner, ________________________________, if he/she survives me.
4.03 If my partner predeceases or fails to survive me I give, devise, and bequeath the balance of my residuary estate to _________________________.
4.04 I am leaving my estate to my partner, ________________, because he/she is my life partner. I am not making these provisions out of any disrespect or lack of affection or love for my family. It is my intention that my partner, _____________________, inherit my estate. [Also, see proposed clause in Chapter 4.]
Section 5. Specific Provision Regarding My Pet(s)
5.01 If my partner, _______________________, predeceases or fails to survive me, I bequeath any pets I may own at the time of my death to ____________________. He/She is willing and able to maintain my pets in a comfortable setting with a standard of care similar to that which I had provided for them. I bequeath to ____________________, for accepting my pets under the foregoing sentence, the sum of $500 per pet. This bequest is made with the intention that such amount shall defray the costs of providing care to my pets, but without any restriction or obligation to account to any person for the use of such funds.
5.02 If __________________________ is unable to accept and care for my pets, I authorize and request my Executor to select an appropriate person who is willing and able to do so and to maintain my pets in a comfortable setting with a standard of care similar to that which I had provided for them. I bequeath to the person accepting my pets under the foregoing sentence the sum of $500 per pet. This bequest is made with the intention that such amount shall defray the costs of providing care to my pets, but without any restriction or obligation to account to any person for the use of such funds.
Section 6. Powers of Executor
6.01 My Executor, and any successor thereto, shall have all of the powers granted to Executors and fiduciaries under the probate code and other applicable laws of the state of _______, including the power to execute any joint or individual tax return on my behalf or on behalf of my estate.
6.02 My Executor shall be entitled to reasonable compensation for services actually performed and to reimbursement of expenses properly incurred.
a. My Executor shall have, in addition to any other powers, the power to invest, reinvest, sell, mortgage, lease, or otherwise transfer or dispose of any part or all of my estate, without the necessity of obtaining prior or subsequent court approval;
b. To make repairs or improvements to my property as may be deemed necessary to preserve or enhance the value of my estate;
c. To borrow funds for use in estate administration if there are insufficient liquid assets in my estate;
d. To employ persons, including attorneys, investment advisors, or other agents for assistance or advice, or not to employ such persons, as my Executor deems appropriate;
e. To compromise and settle any claims against or in favor of my estate on such terms and conditions as my Executor deems best;
f. To make determinations as to the allocation of receipts and the apportionment of expenditures between income and principal. My Executor shall not be required to follow any provision of law regarding such determinations, including [relevant chapter of state code].
6.03 My Executor may make distributions either in cash or in kind. Distributions in kind may be made at the discretion of my Executor. My Executor may make any distributions under this will either (1) directly to the beneficiary, (2) in any form allowed by applicable state law for gifts or transfers to minors or persons under disability, (3) to the beneficiary’s guardian, conservator, or caregiver for the benefit of the beneficiary, or (4) by direct payment of the beneficiary’s expenses.
Section 7. Construction and Definitions
The following rules and definitions shall apply in the construction of this instrument and in the administration of my estate:
7.01 Any reference to my “Executor” in whatever form refers to the person, persons, or institution then acting as the personal representative of my estate.
7.02 If any devisee or other beneficiary under this will dies within 30 days after my death or under such circumstances where there is insufficient evidence in the judgment of my Executor to determine whether such person has died within 30 days after my death, the devisee or beneficiary shall be deemed to have failed to survive me.
7.03 The laws of the state of _______ shall govern all questions as to the validity and construction of this.
7.04 The term “estate and death taxes” shall mean all estate, inheritance, transfer, succession, or other taxes or duties payable by reason of my death, including interest and penalties thereon.
Section 8. Payment of Taxes and Expenses
8.01 I direct my Executor to pay the expenses of administering my estate, the expenses created by reason of my death, and all estate and death taxes payable with respect to property includable in my gross estate or taxable by reason of my death, whether or not such property is part of my probate estate and whether or not such taxes are payable by my estate or by the recipient of any such property. Such taxes and expenses should be paid out of my residuary estate without apportionment.
[Optional Clause]
8.02 I direct my Executor to pay only those expenses dealing with my funeral and interment that conform to my expressed wishes. If anyone interferes with my expressed wishes concerning my funeral, memorial service, or interment, and fails to abide by those expressed wishes, that person or persons shall be wholly responsible for any and all expenses. I ask that the Court and all concerned persons in this regard honor my expressed wishes, even if those wishes run counter to those of my immediate family.