Kenneth Vercammen, Esq. handles Probate, Estate Administration and Wills. He was a speaker at the American Bar Association ABA Annual meeting and is Co-Chair of the Probate & Estate Planning Committee. To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com or call.
Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Ave.
Edison, NJ 08817
(732) 572-0500
www.njlaws.com

Saturday, August 29, 2015

Nuts and Bolts of Elder Law and Estate Administration (2015) Book

$44 NJ Bar member $55 Non-Member
Primary Author
Kenneth A. Vercammen, Esq.-
Kenneth Vercammen & Associates, P.C. (Edison)
Speakers
Adam P. Dubeck, Esq.
Dubeck Law Firm, LLC (Morristown)
William P. Isele, Esq. Archer & Greiner, P.C. (Princeton)
Martin A. Spigner, Esq. Law Offices of Martin A. Spigner (Cranbury)
NJICLE In cooperation with the New Jersey State Bar Association Elder & Disability Law Section and Young Lawyers Division
Book #M15915 
Contact ICLE customerservice@njicle.com (732)214-8500
                                 Table of Contents
Articles, Forms, Checklists
Kenneth A. Vercammen, Esq. 1
New Client/Schedule Appointment 1 Confidential Will Questionnaire 3 Will Bill 8 Will Draft 9 Doctor Certification of Patient Capacity to Sign Legal Documents 11 Thank You for Referral 12 Power of Attorney Draft Letter 13 Will Execution Checklist 15 Will Signing Instructions for Wills or Power of Attorney Not Signed
in Law Office 17 Referral Out to Another Attorney 19 Letter Re: No Representation 20 Letter Re: Recommending Will to Client 21 Post Will Letter 23 Client Questionnaire/End of Case 25 Letter Re: Power of Attorney Taking Effect 27 Letter Re: Release and Refunding Bonds from Each Beneficiary 29 Will/Estate Bill 30 Revocation of Durable Power of Attorney 31 “Wills and Estate Planning: Save Money and Provide for Your
Loved Ones” 33 “Federal HIPAA Law Now Recommends New Power of Attorney –
Special Report” 37 “Living Wills” 41 “Gay Lesbians Partners - Problems if No Estate Planning” 49 “How to Prepare Letters of Instruction to Family, Employees, and
Executor Regarding Funeral Arrangements, Business Transfer and
Post-Death Procedures” 51 “Removing an Executor from an Estate” 55 “Estate Planning for Alzheimer Patients & Guardianship of Disabled
Adults” 61 “Answers to Questions About Probate and Administration of an
Estate” 65 “Ten Estate Planning Ideas for Divorced or Separated Persons” 73 “Executor of a Will – Duties and Responsibilities – Special Report” 75 “Prenuptial Agreements to Protect Your Assets in Case of Divorce
or Death” 81 “Undue Influence to Void a Will or Power of Attorney” 87 Attorney-Client Confidential Relationship 95 Agreement to Provide Legal Services – Probate 97 Letter Re: Recommendations to Executor 101 “Trust vs. Wills” 105 Caveat to Will 109 Agreement to Provide Legal Services – Probate 111 Letter Re: No Charge for Advice 115
Guardianship Bill 117 Will Signing Instructions for Wills or Power of Attorney Not Signed
in Law Office 121 Letter Re: Confidentiality of Files 123 Letter Acknowledging Receipt of Documents 125 Central Jersey Elder Law Website/Articles 127 “Dying Without a Will” 133 Elective Share of Spouse 141 Joint Bank Accounts Upon Death 149 What is a Probate Release & Refunding Bond? 163 Call Notes of ABA Aging and Law Networking Call 167 ABA Estate Planning, Probate & Trust Committee
Spring 2014 Report 171 Winter 2014 Report 175 Fall 2013 Report 179
ABA Solo, Small Firm and General Practice Division Council
Agenda Report Form – Summer Annual 2013 183
“Ethics Committee Opinion 692 Clarified on Retaining Client Files” 187 Index to Vercammen materials on CD   
ABA Wills and Probate Book Kenneth Vercammen, Esq.
Elder and Probate Forms Additional Forms
Will Forms
Financing Nursing Home Care in New Jersey PowerPoint Presentation
William P. Isele, Esq.
NJ Estate Administration Basics PowerPoint Presentation
Adam P. Dubeck, Esq.
Attachment
New Jersey Estate Administration Forms
Nuts & Bolts of Elder Law and Estate Administration Martin A. Spigner, Esq.
Why Do Estate Tax Planning?
The Survivor’s Choice (Disclaimer) Trust or the Unified Credit
Trust 219 Irrevocable Life Insurance Trust 222 Gift-Giving 222 Intentionally Defective Grantor Trust (“IDGT”) 223
How the IDGT Works 223
189 199
Rev. Rul. 2004-64 IDGTs vs. GRATs
Irrevocable Life Insurance Trusts Martin A. Spigner, Esq.
Introduction
Irrevocability
Payments of Premium; Crummy Powers Limiting Right of Withdrawal
Trustees
Administration of the Trust; Taxes; Fees Spendthrift Provisions
Execution of Trust
Post-Execution
Attachments
Sample Client Memo
Sample Last-to-Die Trust
Sample Living Will With POA for Health Care Sample Irrevocable Trust
Sample Revocable Living Trust
Sample Supplemental Needs Trust
Sample Affidavit of Trustee Appointment
About the Panelists...
Kenneth A. Vercammen is a trial attorney in Edison, NJ. He is co-chair of the ABA Probate & Estate Planning Law Committee of the American Bar Association Solo Small Firm Division.  He is a speaker for the NJ State Bar Association at the annual Nuts & Bolts of Elder Law & Estate Administration program. He is writing a book for the ABA on Wills and Estates.
He was Editor of the ABA Estate Planning Probate Committee Newsletter. Mr. Vercammen has published over 150 legal articles in national and New Jersey publications on litigation, elder law, probate and trial topics. He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He established the NJlaws website www.njlaws.com which includes many articles on Estate Planning, Probate and Wills.

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

www.CentralJerseyElderLaw.com

Monday, August 10, 2015

Handling Drug, DWI and Serious Motor Vehicle Cases in Municipal Court Seminar

September 21, 2015
5:30PM-9:00PM
NJ Law Center, New Brunswick

Speakers:         Kenneth A.  Vercammen, Esq., Past Municipal Court Attorney of the Year
William G. Brigiani, Esq., Past President Middlesex County Bar
John Menzel, Esq., Past Chair Municipal Court Section
Norma M. Murgado, Esq., Chief Prosecutor- Elizabeth
                           Assistant Prosecutor-Woodbridge
William Brigiani
Tara Auciello       Edison Prosecutor
                 
Program Agenda

5:30  Welcome and Criminal Traffic Case Law Update (Kenneth A. Vercammen, Esq.)

6:00            Procedure: What to expect on your day in court  Tara Auciello
                  Procedural issues; Driving while suspended; probationary drivers
6:25  The Prosecutor’s Perspective: no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues Expert arguments that may work, common errors by defense attorneys and prosecutors, how to impress the court staff and not annoy the prosecutor  (Norma M. Murgado, Esq.)
7:25  domestic violence , assault, recent court rules changes, defending drug cases and cases                     (William G. Brigiani, Esq.)
7:55  Issues in DWI cases- DWI interview (10 min.); What defendant counsel does after the interview (10 min), Field Sobriety ad HGN (5 min.), Alcotest (15 min) (John Menzel, Esq.)
8:35        Point Counter Point on DWI
                 (John Menzel, Esq., Norma M. Murgado, Esq., and William D. Feingold, Esq.          followed by panel interaction)

9:00        Questions


**Speakers invite questions during the break and after the conclusion of the program
This informative seminar on Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court. 

An authoritative panel of experienced attorneys will be joined by well-respected Municipal Prosecutors to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients. 

        Includes sandwiches, dessert, a 400-page book, CD with sample forms, documents & checklists!
A special Q&A session: Ask the Experts
NJ Institute for Continuing Legal Education presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers' Division

$170- $190 tuition depending on  NJSBA membership 
Seminar # S150700F5

Location: New Jersey Law Center
One Constitution Square
New Brunswick, NJ 08901

NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION
NJICLE, A Division of the NJSBA NJ State Bar Association  732-214-8500

CAN'T ATTEND?   Contact NJ ICLE for CD, book, Video

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

http://www.njlaws.com/Handlingdrugseminar.html

Living Will and Advance Directive

Tuesday, July 14, 2015

Wills, Estate Planning & Probate Seminar



Wills, Estate Planning & Probate Seminar
423 Main Street 
Sayreville NJ 08872
September 16, 2015 at 10am     

WILLS & ESTATE ADMINISTRATION- PROTECT YOUR FAMILY AND MAKE PLANNING EASY

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ
                (Author- Answers to Questions About Probate)

     The 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. 2015 changes in Federal Estate and Gift Tax 
3. NJ Inheritance taxes on estates over $675,000
4. Power of Attorney               
5.  Living Will                                  
6.  Administering the Estate/ Probate/Surrogate    
7. Questions 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.
      Call Sayreville Senior Center 732-390-7059
For materials if you can’t attend, email vercammenlaw@njlaws.com

Sunday, June 28, 2015

Accounting in Probate in Superior Court NJ Court Rules

Accounting in Probate in Superior Court NJ Court Rules
More info at http://www.njlaws.com/probate_accountings.html

RULE 4:87. Actions For The Settlement Of Accounts
4:87-1. Procedure
         (a) Actions to settle the accounts of executors, administrators, testamentary trustees, non-testamentary trustees, guardians and assignees for the benefit of creditors shall be brought in the county where such fiduciaries received their appointment. The action shall be commenced by the filing of a complaint in the Superior Court, Chancery Division, and upon issuance of an order to show cause pursuant to R. 4:83. A non-testamentary trustee shall annex to the complaint a copy of the written instrument creating the trust and stating its terms. The order to show cause shall state the amount of commissions and attorney's fee, if any, which are applied for.
         (b) An action may be commenced by an interested person to compel a fiduciary referred to in paragraph (a) of this rule to settle his or her account, and, in appropriate circumstances, to file an inventory and appraisement.

4:87-2. Complaint
The complaint in an action for the settlement of an account
         (a) shall contain the names and addresses of all persons interested in the account, including any surety on the bond of the fiduciary, specifying which of them, if any, are minors or mentally incapacitated persons, the names and addresses of their guardians, or if there is no guardian then the names and addresses of the parents or persons standing in loco parentis to the minors;
         (b) shall specify the period of time covered by the account and contain a summary of the account. The summary shall state, all as shown by the account: (1) in the case of a first accounting, the amount for which the accountant was chargeable as of the date the trust or obligation devolved upon him or her, or where an inventory is on file, the amount of the inventory; or in the case of a second or later accounting, the balance remaining in the hands of the accountant as shown in the last previous account; (2) the amount for which the accountant became chargeable in addition thereto; (3) the total of the first two items; (4) the amount of the allowances claimed in the account; and (5) the balance in the accountant's hands. Charges and allowances sought on account of corpus and income shall be stated separately both in the summary and in the account;
         (c) shall have annexed thereto the account which shall be dated;
         (d) shall ask for the allowance of the account, and also for the allowance of commissions and a fee for the accountant's attorney, if accountant intends to apply therefor; and
         (e) shall be filed at least 20 days prior to the day on which the account is to be settled.

4:87-3. Form of Account; Statement of Assets to Be Annexed to Account
         (a) Form of Account. The charges and allowances as to principal and income and the statements required to be annexed to the account may be typed or in the form of computer or machine printouts; and, where appropriate, the accountant may use a single schedule for the presentation of portions of the account, but charges and allowances as to corpus and income shall be stated separately.
         (b) Statement to Be Annexed to Account. To all accounts shall be annexed:
                  (1) a full statement or list of the investments and assets composing the balance of the estate in the accountant's hands, setting forth the inventory value or the value when the accountant acquired them and the value as of the day the account is drawn, and also stating with particularity where the investments and assets are deposited or kept and in what name;
                  (2) a statement of all changes made in the investments and assets since they were acquired or since the day of the last account, together with the date the changes were made;
                  (3) a statement as to items apportioned between principal and income, showing the apportionments made;
                  (4) a statement as to apportionments made with respect to transfer inheritance or estate taxes;
                  (5) a statement of allocation if counsel fees, commissions and other administration expenses have been paid out of corpus, but the benefits of the deductions from corpus have been allocated in part or in whole to income beneficiaries for tax purposes; and
                  (6) a statement showing how the commissions requested, with respect to corpus, are computed, and in summary form the assets or property, if any, not appearing in the account on which said commissions are in part based.

4:87-4. Service
         (a) Process shall be the order to show cause. If the names and addresses of all parties interested in the account are known, the order to show cause together with a copy of the complaint, both certified by plaintiff's attorney to be true copies, shall be mailed by registered or certified mail, return receipt requested, as follows: to all such persons who reside in the State at least 20 days prior to the return date; to all such persons who reside outside this State but within a state of the United States or the District of Columbia, at least 30 days prior to the return date; and to all such persons who reside outside the United States at least 60 days prior to the return date. If any person interested is a minor or mentally incapacitated person and except as otherwise provided by R. 4:26-3 (virtual representation), service shall be made on the person or persons upon whom a summons would have to be served pursuant to R. 4:4-4(a)(2) and (3) unless a guardian ad litem is required under R. 4:26-2. A surety on the fiduciary's bond shall be deemed an interested person. Upon the request of any interested party a copy of the account shall be furnished by the fiduciary prior to the date of hearing.
         (b) If the names or addresses of any persons interested in the account are unknown, notice of the accounting shall be given to the Attorney General at least 45 days prior to the return date, and plaintiff shall file an affidavit of inquiry as to such names or addresses made in accordance with R. 4:4-5(b). The court may then enter such order for service of process as it deems proper including publication of a notice of the proceedings in accordance with R. 4:4-5(a)(3) at least 30 days before the return date.
         (c) Proof of mailing, and of publication where ordered, shall be filed before the account is allowed.

4:87-5. Vouchers
Vouchers in support of allowances claimed in an account shall be made available for inspection by an interested person during business hours at the office in this State of the accountant or of the accountant's attorney. They shall be presented to the court only if requested by the court or by an interested person, or, as to particular allowances, by the Surrogate auditing the account. Vouchers presented to the court or the Surrogate shall be returned to the accountant or the accountant's attorney after the settlement of the account.

4:87-6. Audit and Report on Accounts
The Surrogate as deputy clerk of the court shall audit the accounts of all fiduciaries unless otherwise ordered by the court pursuant to R. 4:53-7(b), shall place the same on file at least 20 days prior to its presentation to the court, and shall make a report to the court upon the audit not later than the day on which the account is settled. The report shall specify the derelictions, if any, and other matters that in the Surrogate's opinion should be brought to the court's attention.

4:87-7. Report of Guardian Ad Litem
A guardian ad litem for a minor or mentally incapacitated person shall file a written report with the court at least 7 days prior to the day on which the account is settled. If the guardian applies for the allowance of a fee in excess of $1,000 the report shall include, or be accompanied by, an affidavit of services. Notice of all applications for allowances shall be given as provided by R. 4:26-2(c).

Rule 4:87-8.  Exceptions
In all actions for the settlement of accounts, other than plenary actions, any interested person may, at least 5 days before the return of the order to show cause or within such time as the court allows, serve the accountant written exceptions, signed by that person or his or her attorney, to any item in or omission from the account, including any exceptions to the commissions or attorney's fees requested. The exceptions shall state particularly the item or omission excepted to, the modification sought in the account and the reasons for the modification. An exception may be stricken because of its insufficiency in law.

4:87-9. Dispensing With Accounting by Agreement
If all parties interested in any separable part of an account, such as income, are of full age and competent, and so agree in writing, there need be no accounting as to the same.