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