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.

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

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

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

- 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. 

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

         Register online at

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/

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:                                    

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?

         

 ESTATE PLANNING TO PROTECT CHILDREN

        There may come a time when an unmarried parent is unable, due to physical or mental incapacity, to take care of their 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 persons with minor children as they are for senior citizens. 

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 other parent 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.

          Sometimes the divorce is amicable and the person may still wish to have their ex –spouse be executor of their Will or Trustee of a trust for children. New estate planning documents should still be signed after the divorce to confirm they want to ex to remain involved in a potential estate.

Trustee for funds

     Select a trusted person, your close relative or friends, who will invest and hold your children's money. If divorced or unmarried, most people do not select the other parent. In your Will and Trust 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.  

If you do not write a Will, the government has already written one for you. Your assets go to whoever a state law says receives the assets, or to the government itself! 

          As average Americans, we work 80,000 hours in a lifetime, or 45 to 55 years. In the havoc after a break up, many persons forget to have a Will done to assure assets and decisions are taken out of the hands or the ex spouse and ex spouse’s family.

         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 foolishly die without leaving a Will. In the absence of a Will  or other legal arrangement to distribute property at death, the problems often arise and a Judges decides 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.

     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. 

LGBT Palliative Care Survey for Attorneys

LGBT Palliative Care Survey for Attorneys

The lesbian, gay, bisexual, and transgender (LGBT) community has a long history of experiencing discrimination and stigma in many arenas, including health care and social services. We are conducting a study to learn about the experiences of LGBT persons and their family and friends with palliative care and hospice programs. The goal of this study is to examine the ways in which their care is discriminatory, disrespectful, or inappropriate based on their sexual minority status. Study findings will be used to develop and disseminate policy and practice remedies.

Participation in this study is voluntary. If you do participate, you have the option of remaining anonymous. If you choose to share your identity, your responses will be confidential. Study findings will be reported in the aggregate and it will not be possible to identify individual respondents or employers. We expect that the national sample will include several hundred hospice and palliative care respondents from social work, medicine, nursing, chaplaincy, administrators, and elder law attorneys.

The questionnaire should take about 15 minutes to complete. The questions are about: providing services to LGBT clients; staff education and training in providing services to LGBT clients; institutional policy about non-discriminatory LGBT services; knowledge about working with LGBT clients in palliative and end-of-life care; provider awareness of disparate care to LGBT patients and families, including care that is different, inappropriate, disrespectful, abusive, or neglectful because of sexual minority status; and disparate or disrespectful treatment of patient proxies, surrogates, family members, or friends. You may skip any questions that you don’t want to answer.

The risk of participation is very minimal. You may experience minor discomfort when answering certain questions. You may skip any questions you prefer not to answer and you may exit the questionnaire website at any time. While there will be no direct benefit to you, your participation will contribute to understanding the experiences of LGBT patients and families in hospice and palliative care, and to developing recommendations for improved practice, policy, staff training, and research involving the LGBT community. There is no compensation for participation.

If you choose to participate in this study, you may access the online survey here:



https://bit.ly/2DZt6Nr


If you have any questions about your rights as a participant in a study, you may contact the Institutional Review Board at Yeshiva University, at 718-430-2776 or at IRIS-Support@Einstein.yu.edu. You may also contact the researchers at their email addresses below.

Thank you.

Gary L. Stein, JD, MSW
Professor
Wurzweiler School of Social Work

Vice Chair, Social Work Hospice & Palliative Care Network
Yeshiva University
glstein@yu.edu

Cathy Berkman, PhD, MSW
Associate Professor & Director, Palliative Care Fellowship
Graduate School of Social Service
Fordham University
berkman@fordham.edu




David Godfrey

Senior Attorney

American Bar Association

Commission on Law and Aging

Washington, DC 20036

David.Godfrey@Americanbar.org