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

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 

http://www.njicle.com/category.aspx?catid=6344#10670

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

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

http://www.njicle.com/viewprogram.aspx?catid=2115&progid=11383

**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

http://www.njicle.com/

NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION

NJICLE, A Division of the NJSBA NJ State Bar Association  732-214-8500

CustomerService@njicle.com

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

Have a Power of Attorney prepared for your college children and children traveling out of state

Have a Power of Attorney prepared for your college children and children traveling out of state

         There are many good reasons to consider getting a Power of Attorney and Medical Directive for your adult “child”. A prominent Monmouth County Law office wrote while you made certain decision for your child before he or she turned 18, you have no authority to take action now. In the event your child becomes ill or has a serious accident while they are away, you do not have legal right to withhold Power of Attorney, it is important to have a plan in place to deal with their health, financial, educational and legal needs.

Durable Power of Attorney to handle finances will enable you to take care of tasks for your child. This includes: registering their car; communicating with their college about issues which fall under HIPAA, like grades and disciplinary actions; completing financial transactions at their bank, their college, etc. If your child runs in to an issue with their passport while they are overseas, you can be assured that you have the authority to help.

       Living Will or Health Care Directive is important in the event of an accident or illness. You will be able to talk to medical staff and make decisions on your child’s behalf, if necessary.

       While you may never need to use these documents, it is better to be safe than sorry!

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave

Edison, NJ  08817

(Phone) 732-572-0500

(Fax) 732-572-0030

" POWER OF ATTORNEY POA QUESTIONNAIRE"

         You have advised us you want a Power of Attorney only and do not want a new Will.

           We also use this Interview form if you want a Living Will. 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".

PLEASE PRINT CLEARLY

1.    Your Full Name:

_______________________________________________________________

First                                                     Last

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

(a) Spouse's Full Name: [none, write none]

______________________________________________________

First                                                   Last

3.  Your Street Address: ____________________________________               

City ____________________ State ____  Zip Code ______________

             

4.    Telephone Numbers:                

Cell: _______________________________    ________________________

                                                                                      

Day: ____________________/Night: ________________________

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, which search engine?  What search terms did you use?

7. Today's Date ____________________

        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 ________

POWER OF ATTORNEY POA QUESTIONNAIRE rev 3/12/15

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

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

[It is required by Court Rules that all pages be filled out in person's own handwriting prior to seeing the attorney to avoid conflicts of interest]

8.    Your Sex:      [   ] Male  [   ] Female            

9.    Your Marital Status: [  ] Single      [  ]  Married         [  ]  Separated                                             

[  ] Divorced                  [  ]  Widowed

10.  Your Date of Birth:  ___________________ 

SS # __________________

                                        Month     Day    Year

11.  Spouse Date of Birth: _________________ 

SS # __________________

                                           Month    Day    Year

 2.  Personal representative

         The person charged with administering bills, paying taxes and/or other debts, preserving, managing, and distributing assets and property is called the Personal Representative. This person should be one in whom you have trust and confidence. Your SPOUSE is usually named as primary Personal Representative r, 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  Personal Representative:

Name:_________________________ ______________________

            First                                             Last

Relationship: _______________ Address: ___________________

2. SECOND Choice of  Personal Representative:

         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 of Personal Representative s must be filled out prior to meeting the attorney. We do not recommend Joint of  Personal Representative s, which often cause conflicts and additional work for the Estate. It is best to select one primary person, then a secondary person.