Gay and Lesbian Estate Planning and Legal Update

Thursday, March 14, 2019

2019 Estate Planning & Probate Newsletter

2019 Estate Planning & Probate Newsletter

By Kenneth Vercammen, Esq. Edison, NJ

Index

1. NJ Estate Tax eliminated in 2018 and changes to Federal Taxes

2. Problemsif You Have No Will or a cheap online form not valid

3. NJ Inheritance Tax must still usually be paid if assets are going to persons other than spouse or children.2019 tax rates

4. Power of Attorney- Do not use a form purchased online.

5. Set up a Testamentary Trust in your Will for Protection for a second spouse to protect assets for children and grandchildren

6. Federal Health Privacy Law (HIPAA)- Have a new Living Will prepared

7. Always have proper Self- Proving Wills since witnesses often move or pass away, don’t rely on cheap online forms

[Photos page 1, 2, 3, 4]

1. The NJ Estate Tax was eliminated in 2018 although there is still an Inheritance Tax for money that is not going to spouse, children, grandchildren, etc.

Federal Estate Tax for rich people

Generally, a decedent dying between Jan. 1 and Dec. 31, 2019, may be subject to an estate tax, with an applicable exclusion amount of $11,400,000 (increased from $11,180,000 in 2018) and up from $5.49 million in 2017. In 2019, the annual Federal gift tax exclusion is $15,000.

2. Problems ifYou Have No Will or a cheap online form not valid

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

1. The procedure to distribute assets becomes more complicated. It will require all of the children to select someone to be the Administrator, then all the children to sign a Renunciation Affidavit in front of a notary. If all the children do not sign the Renunciation Affidavit if front of notaries, then a Complaint and Order with have to be filed in the Superior Court. Cost over $3,000. The preparation of a Will for under $400 eliminates these costs.

2. Additional expenses will be incurred and extra work will be required to qualify an administrator-Surety Bond, additional costs often over $1,000 and extra legal fees

3. State law determines who gets assets, not you. People who dislike you or don’t care about you can get your assets

4. If you have no spouse or close relatives the State may take your property. Most people who rather have charities or friends get their money.

5. It often causes fights and stress within your family and sometimes lawsuits

6. If there are minor children a Judge determines who gets custody of grand children

7. You lose the opportunity to reduce State inheritance taxes and Federal estate taxes without improper planning

When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with Financial concerns and estate problems if there is no Will or not prepared or signed properly.

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?

Beware of online documents not prepared by an attorney. Never use a form on line. No one tries to do their own electrical work on their home anymore or change their own oil. Have a professional do it right.

Make sure it is a Self-proving Will and says no bond required.

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

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 and who care about you

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. NJ Inheritance Tax must still usually be paid if assets are going to persons other than spouse or children.

Separate from the Estate Tax, New Jersey imposes an Inheritance Tax on the estates of limited resident and nonresident decedents. The elimination of Estate Tax in NJ made no changes to the New Jersey Inheritance Tax.

Even if no inheritance tax due, a Tax Waiver on a house must still be obtained and filed if the house was not co-owned by the spouse. Your attorney will assist you by filing the mandatory Tax forms.

2019 INHERITANCE TAX RATES

Class A- children, grandchildren, parent: No tax is due

Class C: brothers, sisters

First $25,000.......................No tax is due

Next $1,075,000................ 11%

Next $300,000..................... 13%

Next $300,000..................... 14%

Over $1,700,000................... 16%

Class D[other people]

First $700,000......................... 15%*

Over $700,000......................... 16%

Class E- charities, non profits: No tax is due

4. Power of Attorney- Do not use a form purchased online.

A Power of Attorney should contain reference to the NJ statute requiring banks to honor the Power of Attorney. Section 2 of P.L. 1991, c. 95 (c. 46:2B-11). A NJ bank does not have honor a Power of Attorney without the NJ language. Also, if you or your representative move it is a good idea to have a new POA prepared since a bank may give your selected person a hard time if the address on their ID is different than the address on the POA.

5. Set up a Testamentary Trust in your Will for Protection for a second spouse to protect assets for children and grandchildren

The Credit Shelter Trust (sometimes referred to as a “Bypass Trust” or an “A/B Trust”) was a popular estate planning technique used by married couples with combined assets to avoid the NJ Estate Tax. A Testamentary Trust (sometimes referred to as a Will trust or trust under will) is a trust, which arises upon the death of the testator [person who signed the Will]. A Credit Shelter Trust is a type of Testamentary Trust.

The purpose of the Credit Shelter Trust was to avoid the wasting of federal and state exemptions on the death of the first spouse. Instead of leaving all assets to the surviving spouse and thereby exposing the surviving spouse’s estate to more tax, Nursing Home & Medicaid issues, plus elective share by a future spouse, both spouse’s Wills are drafted to establish a Credit Shelter Trust to come into existence and be funded on the first spouse’s death.

Even though NJ has eliminated the NJ Estate Tax, a Testamentary Trust within the Will is still a useful device to help ensure children and grandchildren with receive money down the road. Otherwise, the surviving spouse can spend all the money in Atlantic City. The surviving spouse could also get remarried and do a new Will leaving all assets to the new spouse. Also, if your spouse gets remarried and their new spouse has to go into a nursing home, your spouse may have to use some of your hard earned money to pay for the new spouse’s expensive nursing home. Many families want to protect at least some of the money from wasteful spending or a new spouse.

In a typical Will Testamentary Trust, the surviving spouse is entitled to receive all of the income from the Trust for his or her lifetime, and has the right to demand principal distributions for his or her health, education, support and maintenance in his or her accustomed manner of living. Distributions in excess of that standard require the cooperation of a Co-Trustee – often an adult child of the surviving spouse or another trusted family member or friend.

If the Will Testamentary Trust technique is implemented as part of a Client’s Estate Plan, you can hire the attorneys for a separate fee to assist the Client in re-titling his or her assets so that assets are available to fund the Credit Shelter Trust. Re-titling is necessary because most Clients tend to hold assets jointly with right of survivorship and assets must be titled individually in a person’s name in order to be eligible to fund a Testamentary Trust. We work with a tax attorney to help our clients. Protect your money if you pass away and your spouse gets re-married or has to go into a nursing home.

Some persons even hire an attorney to set up a personal residence trust or irrevocable trust and have the assets taken out of your name and put into a trust or given to children and grandchildren in the trust. Minimum fees for trust are $3,000. This is not something a non-attorney can do on their own. It is also illegal for a non-attorney to provide legal advice or prepare most legal documents.

Beware of the “Elective share” rights of a new spouse. Have a Prenuptial Agreement if entering into a 2^ndmarriage

Currently, the new spouse who is not given money in a Will can challenge the terms of the Will. This is called "Electing against the Will by a spouse". A spouse could receive up to 1/3 of the estate, even if only married for 2 weeks. The spouse must file a Caveat or lawsuit in Superior Court. We suggest a formal prenuptial agreement in 2^ndmarriage situations. If there is no Will, the new spouse receives 50% of the estate even if only married three days.

6. Federal Health Privacy Law (HIPAA)- Have a new Living Will prepared

The federal regulation known as the Health Insurance Portability and Accountability Act (HIPAA) was adopted regarding disclosure of individually identifiable health information. This necessitated the addition of a special release and consent authority to all healthcare providers before medical information will be released to agents and interested persons of the patients.

Any old Powers of Attorney, Living Wills, Revocable Living Trusts, and certainly all Medical Directives now require HIPAA amendments. After you sign the Living Will in your attorney’s office, provide a copy to your doctor and family.

Powers of attorneys and Living Wills should be updated to reference this Federal reg. More information on the HIPAA law at http://www.njlaws.com/hipaa.html

More information on Wills and Probate athttp://njwillsprobatelaw.com

7. Always have proper Self- Proving Wills since witnesses often move or pass away, don’t rely on cheap online forms

An old New Jersey Probate law required one of the two witnesses to a Will to travel and appear in the Surrogate’s office and sign an affidavit to certify they were a witness. This often created problems when the witness was deceased, moved away, or simply could not be located. Some witnesses would require a $500 fee to simply sign a surrogate paper. My Grandmother’s Will was not self- proving, and the witness to Will extorted a $500 fee.

The New Jersey Legislature later passed a law to create a type of Will called a “Self-Proving Will.” In such a Will, the person for whom the Will is made must sign. Then two witnesses sign. Then the attorney or notary must sign; with certain statutory language to indicate the Will is self-proving. Beware of online documents not prepared by an attorney. Never use a cheap form on line. No one tries to do their own electrical work on their home anymore or change their own oil. Have a professional do it right.

When done properly, the executor does not have to locate any witnesses. This usually saves time and money. If your Will is not “self-proving” or if you are unsure, schedule an appointment with an estate planning attorney. Some law offices ignore the revised law, and fail to prepare self proving Wills. Do not use a law office that follows old methods and does not do a self-proving Will. Also make sure your Will includes a formal “no bond required” clause so the executor/ personal representative does not have to spend thousands of dollars being bonded.

Call the Law Office of Kenneth Vercammen at 732-572-0500 to schedule an in-office consultation.

Kenneth Vercammen & Associates

Attorney at Law

2053 Woodbridge Ave

Edison, NJ 08817

If you or anyone you know needs an updated Will, Power of Attorney or Living Will, please have them fill out our confidential interview from and schedule a consult.

8. "CONFIDENTIAL WILL QUESTIONNAIRE"

Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney.

Please be sure to check all appropriate boxes. If "NONE", please state "NONE".

If "NOT APPLICABLE", please state "N/A" or none.

PLEASE PRINT CLEARLY

1.Your Full Name:_______________________________

2. IF MARRIED OR SEPARATED, complete (a) and (b) below:

(a) Spouse's Full Name:___________________

3. Your Street Address: _________________________

City ________________ State ____ Zip Code ______________

4. Telephone Numbers:

Cell: _____________________ ___________________

5. E-mail address: _________________________

6. Referred By: ___________________________

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

We recommend a Durable Power of Attorney in the event of your physicalor mental disability to help you with financial affairs?

Yes ________ No ________

We recommend a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo; Karen Quinlan? Yes ________ No ________

How can we help you? What are your questions/other important information?

_______________________________________

[It is required that all pages be filled out in person's own handwriting prior to seeing the attorney]

8. Your Marital Status:

Single [ ] Married [ ] Separated [ ] Divorced [ ] Widowed [ ] Domestic Partner __

9. Your Day/Month of birth: ___________________

10. Spouse Day/Month of birth: _________________

11. If you are the parent or legal guardian of a minor child or minor children, please check here. [ ]

2. ESTATE EXECUTOR

The person charged with administering/Probating your estate, paying taxes and/or other debts, preserving, managing, and distributing estate assets and property is called an Executor. This person should be one in whom you have trust and confidence. Your SPOUSE is usually named as primary Executor, followed by the child who lives closest to your home.

Please provide the following information about the person you wish to name to serve in this capacity.

1. PRIMARY Choice of Executor/Personal Representative in Power of Attorney:

Name: _________________ _______________________

First Last

Relationship: _______________ Address: ________________

2. SECOND Choice of Executor/Personal Representative in Power of Attorney:This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death, or is unable to serve.

Name: _____________________ _____________________

First Last

Relationship: _______________ Address: ________________

The two proposed Executors must be filled out prior to meeting the attorney. We do not recommend Joint Executors, which often cause conflicts and additional work for the Estate. It is best to select one primary person, then a secondary person. There is a reason why the car only has one steering wheel.

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

House/Real Estate Address __________________________

Estimate Total Real Estate Value: ________ Approx mortgage _____

Bank Accounts, Stocks, CDs and Assets: __________________

Approximate Amount ____________________________

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

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

Approximate Life Insurance: ___________ Beneficiary _______

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

Beneficiary (1) __________________ Relationship _________

Beneficiary (2) _______________ Relationship ____________

Beneficiary (3) ___________ Relationship _______________

It is required that assets and beneficiaries be filled out prior to seeing the attorney

Any Specific Bequests of Money and Property:

_______________________________________

[ ] A. MARRIED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN).

Generally most married people provide that, upon their death, property will be distributed as follows:

1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse.

2. If your spouse predeceases you, then your estate will be divided in equal shares among all of your living children, If any child shall predecease you, then that child's share to their children (grandchildren).

Names of Children: ________________________

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

III. GUARDIAN(S) OF MINOR CHILD(REN) or Trustees of Trust

[Skip this section if you have NO minor children and DO NOT want a trust. There are substantial additional fees for preparation of a Formal Trust, minimum $2,500 for stand alone trusts]

The surviving parent of a minor child is ordinarily entitled to be the GUARDIAN of that child. In the case of simultaneous death of you and your spouse, or if you are a single parent, you should appoint a Guardian for your minor child. It is advisable, prior to the completion of this Questionnaire, to make sure that your proposed Guardian(s) is (are) willing to serve as Guardian(s). In addition, the Guardian will also hold the monies for the minor children UNLESS you direct us otherwise. In your Will you can have any adult serve as Trustee of monies for minor children.

Provide the following information about the person(s) you select to be Guardian(s)/Trustee(s). In the event my spouse predeceases me, I name as GUARDIAN(S)/ TRUSTEE(S):

1. PRIMARY Choice of GUARDIAN / TRUSTEE:

Full Name: _____________________________________

Relationship: ___________________________________

2. SECOND Choice of GUARDIAN / TRUSTEE:

Full Name: _____________________________________

Relationship: __________________________________

[ ] B. MARRIED PERSONS WITH NO CHILD(REN) OR GRANDCHILD(REN).

Generally most married people with no child(ren) or grandchild(ren) provide that upon their death their property will be distributed as follows:

1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse, but

2. If your spouse predeceases you, then your estate will be distributed to your living parent, or equally to your living parents.

3. But should both of your parents predecease you, then your estate will distributed equally to your brothers and sisters or equally to the children of a predeceased brother or sister.

Please check B above only if you wish your property distributed precisely and exactly as indicated in section B, 1 through 3, above.

[ ] C. DIVORCED OR WIDOWED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN). Generally, most divorced or widowed persons with child(ren) or grandchild(ren) provide that upon their death property will be distributed as follows: 1. Your estate (all property and assets not owned jointly with another person) will be distributed in equal shares to all of your living child(ren).

2. But if one or more of your children predeceases you, that deceased child's share will be distributed to his or her child(ren), your grandchild(ren) in equal shares

[ ] D. ALTERNATE PLAN OF DISTRIBUTION - You may list specific gifts to individuals and/or divide your estate among several individuals by listing percentages to each, making sure that the percentages total 100%. You may add additional sheets if necessary or use the back of this form. There are additional Will preparation fees if there are gifts, called specific bequests.

Are there any beneficiaries with special needs, or receiving SSI or SDD? Please answer in detail_______________________

Are you or any of your Beneficiaries are not United States citizens? _______

If not US citizen, extra taxes apply.

Do you have any religious wishes on burial? ___

PLEASE WRITE DOWN ANY QUESTIONS YOU HAVE HERE or anything else important that we should be aware. Use back of this page for additional important information:

__________________________________________

ESTATE PLANNING

If your assets exceed $5,000,000 and you desire estate planning to avoid or reduce your estate tax or require a Trust to protect a spouse or children, please advise Mr. Vercammen. A Standard Will is not designed to address estate tax issues. We do not do Medicaid Nursing Home Planning. The law office building has four steps in the front so please advise us if you need assistance.

WILLS:

T 1- Parents with minor children and trust for children ________

T 2- Parents no spouse ____________

T 3- Unmarried ____________

T 4- Parents without trust ________

T 5- Spouse Trust if assets over $5 million or hold $ for spouse in Trust ? _____

PAYMENT WILL BE MADE BY: (Please circle one)

Check, Credit Card (Visa, Mastercard, American Express) or Cash

Checks are payable to Vercammen PC

Payment is required for Will, Power of Attorney and other document preparation at the first consult and prior to any documents being drafted. Minimum fee for Last Will and Testament preparation is $300 each. We charge a $150.00 consultation fee, which is credited to the preparation of the Will or other document. This $150.00 fee is non-refundable even if the documents are not prepared. If there are any changes to a draft Will, Power of Attorney, or other document, there will be a minimum charge of $75.00 per revision. The Will needs to be signed within 21 days of initial consult or an additional fee of $100.00 will be charged. Due to complexity and need to re-title assets, Fees for Trusts are minimum $3,000.

Tuesday, February 12, 2019

Dog Bites, Vicious Animal Attacks, Rottweiler Bite, Pit Bull Attack

Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a Serious Injury.
If someone hops your fence, trespasses on your land, and your dog bites him, you are not liable. However, New Jersey does impose strict liability if your dog bites someone if it is loose or if the person bitten was in a public place or permitted on your property. NJSA 4:19-16 provides:
"The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness."
"For the purpose of the New Jersey Statute 4:19-16, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof."
Thus, in New Jersey, a dog does not get two bites.
A person can even be liable if your dog injures someone although not biting it. Being jumped on or chased by a dog could be grounds for a civil liability. It is also strict liability if any of your dangerous animals injure someone, i.e. pet, buffalo or tiger.
For the purpose of this state law, a person is lawfully upon the private property of such owner when he/she is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he/she is on such property upon the invitation, express or implied, of the owner thereof.
In deciding whether the plaintiff was on or in a public place or lawfully on or in a private place, including the property of the defendant, you should note that anyone whose presence is expressly or impliedly permitted on the property is entitled to the protection of the statute. The permission extends to all areas where the plaintiff may reasonably believe to be included within its scope. DeRobertis v. Randazzo, 94 N.J. 144 (1983).
In a case such as this where the defendant has raised the negligence of the plaintiff as a defense, the defendant has the burden of proof. This means that the defendant has the burden to prove plaintiff's "unreasonable and voluntary exposure to a known risk." This means that the plaintiff "knew" the dog had a propensity to bite either because of the dog's known viciousness or because of the plaintiff's deliberate acts intended to incite the animal. For example, one who beats or torments a dog has no call upon the owner if in self-defense the dog bites back. Budai v. Teague, 212 N.J. Super. 522 (Law Div. 1986); see also Dranow v. Kolmar, 92 N.J.L. 114, 116-17 (1918). In conclusion, a New Jersey dog does not get two bites. Keep your dog fenced in or tied up and away from mailman and visiting friends.
Updated dog liability statutes: 4:19-16. Liability of owner regardless of viciousness of dog The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.
For the purpose of this section, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof.

Friday, January 11, 2019

Fall down Law in New Jersey Based on Jury Request to Charge

Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a Serious Injury.
Sometimes, store customers are injured in fall downs caused by wet and slippery floors or failure by stores to clean up broken or fallen items. 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.
It is further the duty of the store to properly and adequately inspect, maintain and keep the library premises free from danger to life, limb and property of persons lawfully and rightfully using same and to warn of any such dangers or hazards thereon. You may be lawfully upon the premises as a business invitee in the exercise of due care on your part, and solely by reason of the omission, failure and default of the store, be caused to fall down If the store did not perform their duty to plaintiff to maintain the premises in a safe, suitable and proper condition, you may be entitled to make a claim. If severely injured, you can file a claim for damages, together with interest and costs of suit. Injured people can demand trial by jury.
The following information is taken from the old model jury charges dealing with fall downs by store customers:
INVITEE - DEFINED AND GENERAL DUTY OWED
An invitee is one who is permitted to enter or remain on land (or premises) for a purpose of the owner (or occupier). He/She enters by invitation, expressed or implied. The owner (or occupier) of the land (or premises) who by invitation, expressed or implied, induced persons to come upon his/her premises, is under a duty to exercise ordinary care to render the premises reasonably safe for the purposes embraced in the invitation. Thus, he/she must exercise reasonable care for the invitees safety. He/She must take such steps as are reasonable and prudent to correct or give warning of hazardous conditions or defects actually known to him/her (or his/her employees), and of hazardous conditions or defects which he/she (or his/her employees) by the exercise of reasonable care, could discover.
BUSINESS INVITEE FALL DOWNS:
The basic duty of a proprietor of premises to which the public is invited for business purposes of the proprietor is to exercise reasonable care to see that one who enters his/her premises upon that invitation has a reasonably safe place to do that which is within the scope of the invitation.

Monday, January 7, 2019

Wills, Probate & Estate Administration in NJ Seminar East Brunswick Public Library Thursday, April 11, 2019 at 7PM

Wills, Probate & Estate Administration in NJ Seminar

East Brunswick Public Library

Thursday, April 11, 2019 at 7PM

Open to the public. You don’t have to be a town resident to attend.

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ

Author ABA Wills & Estate Administration

Main Topics:

Room Location:Meeting Room 3

Estate administration can be very complex, and having some information before you begin can help you through the process.

In this workshop, Kenneth Vercammen, Esq. will discuss various topics, including:

1. NJ Estate Tax eliminated in 2018

2. The 2019 changes in Federal Estate and Gift Tax

3. Dangers of not having a proper Will

4. Power of Attorneys recommendations

5. Living Will & Advance Directive

6. Administering the Estate/ Probate/Surrogate

7. Avoiding unnecessary expenses

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.

East Brunswick Public Library 732-390-6781

Att: Melissa Hozik

2 Jean Walling Civic Center East Brunswick, NJ 08816

Monday, December 24, 2018

Enjoy the Holidays, but have designated driver or take Uber/cab. Penalties for DWI NJ

1. DWI 1st Offense - BAC 0.10% or higher or operation under influence of drugs - - $300 to $500 fine, and

IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and

- in court's discretion, imprisonment not exceeding 30 days, and

- driver's license suspension for not less than 7 months nor more than 1 year, a

Plus $3,000 mvc surcharges and 9 car insurance points

and

- VCCA $50, DDEF $100, SNSF $75, AND $100 surcharge, and

- court may order participation in supervised visitation program as either a condition of probation or a form of community service, Mandatory installation of an ignition interlock device for not less than 6 months nor more than 1 year if BAC reading over .14BAC,

and

- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements

are satisfied.

BAC 0.08%1st Offense 39:4-50 penalty Driving while intoxicated

1st Offense - BAC 0.08% or higher, but less than .10% or observation case - - $250 to $400 fine, and IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and

Plus $3,000 mvc surcharges and 9 car insurance points

- in court's discretion, imprisonment not exceeding 30 days, and

- driver's license suspension for a period of 3 months, and

- VCCA $50, DDEF $100, SNSF $75, AND $100 surcharge, and

- may order participation in supervised visitation programs either a condition of probation or a form of community service, and

- may order installation of an ignition interlock device for not less than 6 months nor more than 1 year, and

are satisfied.

Description: Macintosh HD:Users:kennethvercammen:Desktop:1 Kmac:zz Photo:Wakefern at Santa run.JPG

2. Wakefern Shoprite Runners Club at the Hoboken Jingle Bell 5K to raise funds to help The Hoboken Volunteer EMS purchase a much-needed ambulance.

3. Fun Upcoming Running Races & Charity events

If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.comOften we car pool from East Brunswick /Edison or meet at these events. I update this list at http://vercammensport.blogspot.com

Press release:

Secret Mystery Winter Trail Run

5 Mile Eagle Trail Run and 2 mile Turkey Group Run

Sat. Jan. 5, 2019 10:17am

Only $20.00

https://runsignup.com/Race/NJ/NorthBrunswick/SecretMysteryRun

Location: Secret Mystery wooded area North Brunswick/ East Bruns, South B

Please bring a can food donation for St. Matthews Edison Food Bank.

More powerful than the Mud runs, Warrior Runs and Swamp devil runs. Tired of the same old neighborhood roads, traffic, bad drivers? Join the off-road runners for a great and unusual training run. Run in the woods and trails. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex course through woods, grass, swamp and marsh. Wear old running shoes.

Free USA or skull items for Pre-registered. For those registered, an email will be sent with secret start location and secret post run party.

Volunteer receive free beer and goodies. Post Run Party held at secret location to be emailed to pre-registered. A fun time is guaranteed! You must be over 21 years old to participate. No times are recorded. A sense a humor is a must. Prizes & giveaways at the post race social. You don’t even need to run to participate.

If you are unable to run you can volunteer. Volunteers receive free beer, pirate backpack and skull bandanna. If you wish to volunteer email Kenvnjlaw@yahoo.com

Sponsored by the Rumson Hash House Harriers, founders of the Cheesequake Hashathon.

Jan 6, 2019 FARC Freehold Winter 5k first five Sunday 10:00am www.farcnj.com

Jan 6 Bob Tona 60^thBirthday run

2018 update Wills and Estate Planning- Free Seminar

Wednesday, January 9 at 12:15-1:00 PM and again 5:00pm-5:45pm

Law Office of Kenneth Vercammen,

2053 Woodbridge Ave, Edison, NJ 08817

program is limited to 15 people. Please bring a canned food donation

COST: Free if you pre-register by email. Complimentary materials provided at 12:00 sharp. Please bring a canned food donation, which will be given to the St. Matthews’s St. Vincent DePaul Food Bank. Free sandwich for past and current clients from Craig’s Deli.

Main Topics:

1. Elimination of NJ Estate Tax

2. The New Probate Law and preparation of Wills

3. 2019 changes in Federal Estate and Gift Tax exemption

4. The need for current Power of Attorney

5. Living Will & Advance Directive

6. Administering the Estate & Probate

COMPLIMENTARY MATERIAL: Brochures on Wills, Probate and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.

Co-Sponsor: Middlesex County Estate Planning Council

To attend email VercammenLaw@Njlaws.com

other Information call 732-572-0500

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

Friday January 18, 2019 6:00 Pork Loin Dinner and TRICKY TRAY

Post 435 Sons of the American Legion 43 Oakland Ave Edison NJ 08817

Join us for a delicious full course pork loin dinner with delicious trimmings and deserts. During the course of the dinner we will have trick tray gifts for you to try and win. The proceeds will benefit the SAL’s and also support a veteran’s cause that we will decide on accordingly. Of course you can also count on a 50/50! The cost will be provided soon.

(732) 985-9768

https://www.facebook.com/events/1131094493714879/

Sunday, November 18, 2018

Estate Planning pending Divorce or Break Up

Estate Planning pending Divorce or Break Up.

By Kenneth A. Vercammen, Esq. Author ABA’s “Wills & Estate Administration” book

If separated and suddenly die, your spouse will still receive either all of a minimum of 50% of your probate assets if no valid Will. Don’t rely on a cheap online document. Have your Will done by a estate planning attorney. Don’t try to do your own electrical work. Don’t try to do your own legal work.

In planning, make sure your assets go to your loved ones or favorite charity, not an "ex". Therefore, we advise our separated or divorced clients to do the following:

1) Have an Estate Planning 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.) Usually a new executor is selected, who will also serve as funeral agent.

Although in many states under law a divorce removes the ex spouse as a beneficiary, it does not remove the ex as executor or receiving assets under a bank POD or joint account. Don’t ever use with a cheap online form that often is not filled out correctly. Self prepared documents are often not witnessed right and are not admitted to probate. Have an experienced attorney prepare the estate planning documents who will do it right. I could change my car oil and repair the lawnmower, but I now prefer an experienced mechanic do that. You can also create specific bequests so nice jewelry or family heirlooms go to a selected child. Otherwise the executor can just sell them at the pawn shop. You can also direct in your Will a child be excluded from inheriting. Example- they testified against you in divorce court.

2) Prepare a Power of Attorney to select someone to handle your finances if you become disabled. Have your old Power of Attorney revoked. This means your attorney or you should send notices to banks and your accounts to indicate the prior Power of Attorney is invalid. If you have children over age 18, have your attorney prepare a Power of Attorney for the over 18 children so the custodial parent can still have access to their records and pay their bills if they are in an accident.

3) Select a new beneficiary on assets you may own, such as stocks, transfer upon death brokerage accounts, bank accounts, IRA, retirement accounts, 401k, payable upon death accounts POD , and other financial assets. Make sure you see the actual change in beneficiary in writing. Don’t rely on a phone call from the company that accounts are revised. Even if a court approved divorce decree states that a beneficiary should be changed, make sure you have changed the beneficiary designations. Remember, even a new Will does not change account beneficiaries on non-probate assets.

Change passwords on all online accounts and notify them in writing that the former spouse is not permitted excess to records.

4) Change your beneficiary under your own life insurance, whether whole life insurance or term insurance. Again, don’t just rely on language in a divorce decree to make sure your wishes are followed. If the ex-spouse is required to obtain life insurance to pay to you or your children, you want to see proof of the insurance in writing with beneficiary designation.

5) Contact your employer's human resources and change the beneficiary on pension, stock options, life insurance, and 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) Keep your personal papers at a location where an ex-spouse or the child's parent can't steal or 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. You don’t want your ex in-laws to have custody of your children or access to the children’s money. A new Will specifically shows a Surrogate and Probate Judge you’re your wishes are. If no Will, then a judge can only guess.

Also set up a Trust in the Will so children and grandchildren receive funds when they are 21, 25 and 30. Preserve money for college and necessary expenses, not a windfall to buy an expensive car when they turn 18. Also don’t make the minor children beneficiary of big life insurance policies, because they automatically receive when they turn 18. Instead, you can make your estate the beneficiary of life insurance and other accounts. How many 18 year old kids would spend money wisely? Seek assistance of estate planning attorney, don’t try to do everything yourself.

A trust also protects the beneficiary if there is a lawsuit and judgment against them.

8) Make sure the trustee for any funds designated for your children is the "right" trustee. The former in laws may no longer be the best choice.

9) Re-title real estate, cars and other assets in joint names. Usually a new Deed will have to be prepared. If there is a mortgage, either a refinance or consent of mortgage company to remove your name from the mortgage. [Good luck with that.]

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 try 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.

11) Have a new Living Will / Advance Directive for health care/ medical proxy prepared to remove the ex and select a family member you trust with last medical wishes. The Living Will should contain new HIPPA language to advise doctors and hospital who should have access to medical information. You don’t want an estranged person to be able to make Medical decisions or “Pull the plug”. A divorce decree does not remove the ex-spouse on Medical Power of Attorney/ Living Will. They should have a new Living Will prepared.

Separated persons

Some clients are not aware they can have a new Will and other estate planning documents prepared prior to a formal divorce decree. To the contrary, our office drafts Will for individuals in marital difficulty who want to protect their assets and children in the event of an unexpected, sudden death. A personal can have a new Will and estate planning documents without telling their spouse.

If spouses are living together, the surviving spouse in many states can Elect against the Will and obtain 1/3 of the augmented estate. See Uniform Probate Code 2-201. A married person can also confidentially revoke a Power of Attorney, Living Will, Trust etc. However, the original attorney cannot prepare new documents if the attorney also prepared documents for the other spouse. The original attorney in some states may be required to notify the other spouse. Therefore, a new, independent attorney is suggested whose only loyalty is to you.

It is important to prepare new documents if separation has started or is inevitable since someone does not want their some of be ex to make financial and medical decisions. However, typically a spouse cannot be removed as a beneficiary under pensions, etc without that spouse’s written consent.

You can select a funeral agent so your estranged spouse does not handle funeral arrangements.

Also speak with your divorce attorney to inquire if you can take out 50% of assets in a joint account and deposit in a new account payable death to adult children, not the estranged spouse.

If you own a small business, prepare a contingency plan if you become disabled for someone to run your business.

Second marriage

If you decide to get remarried, have your attorney prepare a prenuptial agreement, so your children can inherit your assets. You want your children, not new spouse, to receive your assets if you pass away. In many states, persons put their assets into Trusts for the benefit of a child. However, if the trust is revocable, Medicaid will include the trust assets as available money. In blended families, irrevocable trusts are useful because a Will can be revocable by a competent person without telling their spouse.

If You Have No Will after someone divorces: