Thursday, April 23, 2020

If You Have No Will: 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.

If You Have No Will:                             
    Compiled By Kenneth Vercammen, Esq.
        
       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
14TH: PRINCIPAL AND INCOME
15TH: NO ASSIGNMENT OF BEQUESTS
16TH: GENDER
17TH: CONSTRUCTION OF WILL
18TH:  NO CONTEST CLAUSE
       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

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. 

       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
Kenneth Vercammen, Esq.– Probate, Estate Planning & Elder Law 
Kenneth Vercammen is an attorney in Edison, NJ. He is Chair of the ABA Probate & Estate Planning Law Committee of the American Bar Association Solo Small Firm Division.  He is the author of the ABA book “Wills and Estate Administration”
He is a speaker for the NJ State Bar Association at the annual Nuts & Bolts of Elder Law & Estate Administration program.  He is admitted to the Supreme Court of the United States.
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 Wills, litigation, estates, probate law and trial topics. 
He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, NJ 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.comwhich includes many articles on Estate Planning, Probate and Wills.
   Ken’s ABA book Wills and Estate Administration” is available at 
http://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=224827061


3B -3-22 A Will cannot be admitted to probate for ten days

3B -3-22 A Will cannot be admitted to probate for ten days
  Time for probate of Will;  preliminary filing

 No will shall be admitted to probate until after 10 days from the death of the testator;  but the complaint and other papers in any action for the probate of a will may be filed, and the depositions of the witnesses thereto and the  qualification of the executor or administrator with the will annexed may be  taken at any time subsequent to the death of the testator and before the will  is admitted to probate.

Thursday, April 16, 2020

Coronavirus Estate Planning in NJ Now is the Time to have an attorney p...


Coronavirus Estate Planning in NJ- Now is the Time to have an attorney prepare a Will, Living Will & Power of Attorney Are you prepared for a potential illness, incapacity or death? In New Jersey Legal documents you need most during COVID-19 Kenneth Vercammen’s Law Office new Will preparation online without having to travel to law office and follow up consults over phone & online. To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well being. 1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form. 2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com. Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms. 3. Ken V will call to discuss after typed interview form received. 4. After persons pay by credit card online or payment confirmed from PayPal, we will draft documents and email to you. 5. Ken V will call to answer further questions 6. Sign documents in front of notary and two witnesses [ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

Passover 2020 Jewish Estate Planning Are you prepared for a potential i...



Passover 2020 Jewish Estate Planning. Are you prepared for a potential illness, incapacity or death? In New Jersey Legal documents you need most during COVID-19. Kenneth Vercammen’s Law Office new Will preparation online without having to travel to law office and follow up consults over phone & online. To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well being. 1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form. 2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com. Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms. 3. Ken V will call to discuss after typed interview form received. 4. After persons pay by credit card online or payment confirmed from PayPal, we will draft documents and email to you. 5. Ken V will call to answer further questions 6. Sign documents in front of notary and two witnesses [ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

Easter 2020 Christian Estate Planning Are you prepared for a potential ...


Christian Estate Planning. Are you prepared for a potential illness, incapacity or death? In New Jersey Legal documents you need most during COVID-19 Kenneth Vercammen’s Law Office new Will preparation online without having to travel to law office and follow up consults over phone & online. To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well being. 1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form. 2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com. Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms. 3. Ken V will call to discuss after typed interview form received. 4. After persons pay by credit card online or payment confirmed from PayPal, we will draft documents and email to you. 5. Ken V will call to answer further questions 6. Sign documents in front of notary and two witnesses [ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

Easter 2020 Catholic Estate Planning. Are you prepared for a potential i...


Catholic Estate Planning. Are you prepared for a potential illness, incapacity or death? In New Jersey Legal documents you need most during COVID-19 to take care of your family. Kenneth Vercammen’s Law Office new Will preparation online without having to travel to law office and follow up consults over phone & online. To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well being. 1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form. 2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com. Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms. 3. Ken V will call to discuss after typed interview form received. 4. After persons pay by credit card online or payment confirmed from PayPal, we will draft documents and email to you. 5. Ken V will call to answer further questions 6. Sign documents in front of notary and two witnesses [ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

Are you prepared for a potential illness, incapacity or death?In New Jer...


Are you prepared for a potential illness, incapacity or death? In New Jersey Legal documents you need most during COVID-19 Reasons to sign a Power of Attorney now / Why a Power of Attorney A Power of Attorney allows your spouse, child or another trusted person to administer your assets during your lifetime, either upon disability or now. The lack of a properly prepared and executed Power of Attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs. Any persons are calling now to have a Power of Attorney prepared during the world wide health issues. We can help In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your family or partner cannot pay your bills or handle your assets. The result can be lengthy delays. The term "durable" in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal. If there is no Power of Attorney, the family has to go through an expensive and complicated Guardianship in the Superior Court. New Jersey has a detailed, expensive legal procedures, called Guardianships or conservatorships, to provide for appointment of a Guardian. These normally require lengthy, formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action.

In New Jersey Legal documents you need most during COVID 19



In New Jersey Legal documents you need most during COVID 19 Wills, Children & Guardians There may come a time when a parent is unable, due to physical or mental incapacity, to take care of their minor children. In these circumstances, those caring for the children as well as the courts will need direction. more at http://www.njlaws.com/wills_children_... 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 young families with minor children as they are for senior citizens. As average Americans, we work 80,000 hours in a lifetime, or 45 to 55 years. 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. National statistics indicate that more than 50% of Americans die without leaving a will. In the absence of a will or other legal arrangement to distribute property at death, the State must step in to administer the estate and decide who gets custody of your children and handle their 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. IF YOU HAVE NO WILL (LEGALLY REFERRED TO AS "INTESTATE SECESSION"): If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate: * State law determines who gets assets, not you * Additional expenses will be incurred by your heirs and extra work will be required by the heirs of their attorney to qualify an administrator * The Judge determines who gets custody of your children * Possible additional State inheritance taxes and Federal estate taxes * If you have no spouse or relatives, the State may take your property * The procedure to distribute assets becomes more complicated-and the law makes no exceptions for persons in unusual need or for your own wishes. * It may also cause fights and lawsuits within your family When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with Financial concerns. Careful estate planning helps take care of that.

Covid 19 and Essential Estate Planning Documents like a Will, Power of A...



Covid 19 and Essential Estate Planning Documents like a Will, Power of Attorney and Medical Directive ADVANCE DIRECTIVE 1. Can my healthcare representative make decisions for me if I am still able to make my own decisions? Answer: No, your healthcare representative can only make decisions for you if your physician has evaluated you and determined that you are unable to understand your diagnosis, treatment options or the possible benefits and harms of the treatment options. 2. Can having an advance directive affect my life insurance, health insurance or the benefits I receive from a governmental benefits program? Answer: No. 3. Can my life insurance company, health insurance company, physician, hospital, nursing home or any other healthcare facility require me to have an advance directive? Answer: No. 4. Does New Jersey recognize an advance directive that is valid in another state? Answer: Yes. 5. What is the definition of "life-sustaining treatment"? Answer: Life sustaining treatment is any medical device or procedure that increases your life expectancy by restoring or taking over a vital bodily function. The medical device or procedure can be a drug, ventilator (breathing machine), surgery, therapy or artificially provided fluids and nutrition. 6. What is the definition of “permanently unconscious"? Answer: Permanently unconscious means you have permanently lost the ability to interact with your environment and are completely unaware of your surroundings. 7. What is the definition of "terminal condition"? Answer: Terminal condition means the final stage of a fatal illness, disease or condition. To be in a terminal condition you do not have to be diagnosed as having less than a certain amount of time to live (e.g., six months or less). 8. What happens if I regain the ability to make my own decisions? Answer: In that case, your physician must obtain your consent for all treatment. Once you have the ability to make healthcare decisions your healthcare representative will no longer have the authority to make decisions for you. 9. Who should have a copy of my advance directive? Answer: You should give a copy to your primary healthcare representative, alternate healthcare representative(s), family members and physicians. If you are treated at a hospital or enter a nursing home you should also provide a copy when you are admitted. Source http://www.state.nj.us/health/advance... EMAIL Kenneth Vercammen if you want us to prepare your documents.

Helpful Estate Planning Advice For New Jersey Residents During Covid 19



Kenneth Vercammen’s Law Office Will preparation online without having to travel to law office and follow up consults over phone & online. To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well being. 1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form. 2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com. Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms. 3. Ken V will call to discuss after typed interview form received. 4. After persons pay by credit card online or payment confirmed from PayPal, we will draft documents and email to you. 5. Ken V will call to answer further questions 6. Sign documents in front of notary and two witnesses [ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

Interest in Estate Planning has picked up after the Covid 19 pandemic ...



Interest in Estate Planning has picked up after the Covid 19 pandemic Why it’s important to get your Estate Planning done. Kenneth Vercammen’s Law Office new Will preparation online without having to travel to law office and follow up consults over phone & online. To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well being. 1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form. 2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com. Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms. 3. Ken V will call to discuss after typed interview form received. 4. After persons pay by credit card online or payment confirmed from PayPal, we will draft documents and email to you. 5. Ken V will call to answer further questions 6. Sign documents in front of notary and two witnesses [ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

Covid 19 Why it’s important to get your Power of Attorney, Last Will an...


Covid 19- Why it’s important to get your Power of Attorney, Last Will and Testament and Advance Medical Directive done now! Kenneth Vercammen’s Law Office new Will preparation online without having to travel to law office and follow up consults over phone & online and To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well being. 1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form. 2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com. Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms. 3. Ken V will call to discuss after typed interview form received. 4. After persons by credit card online or payment confirmed from PayPal, we will draft documents and email to you. 5. Ken V will call to answer further questions 6. Sign documents in front of notary and two witnesses[ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. Sign a Living Will with Power of Attorney for Health Care. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

Dont wait another day Have your Will, Power of Attorney and Living Will...


Dont wait another day Have your Will, Power of Attorney and Living Will done now! Kenneth Vercammen’s Law Office new Will preparation online without having to travel to law office and follow up consults over phone & online and To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well being. 1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form. 2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com. Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms. 3. Ken V will call to discuss after typed interview form received. 4. After persons by credit card online or payment confirmed from PayPal, we will draft documents and email to you. 5. Ken V will call to answer further questions 6. Sign documents in front of notary and two witnesses[ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. Sign a Living Will with Power of Attorney for Health Care. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

Dont wait another day Have your Will, Power of Attorney and Living Will...



Dont wait another day Have your Will, Power of Attorney and Living Will done now! Kenneth Vercammen’s Law Office new Will preparation online without having to travel to law office and follow up consults over phone & online and To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well being. 1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form. 2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com. Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms. 3. Ken V will call to discuss after typed interview form received. 4. After persons by credit card online or payment confirmed from PayPal, we will draft documents and email to you. 5. Ken V will call to answer further questions 6. Sign documents in front of notary and two witnesses[ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. Sign a Living Will with Power of Attorney for Health Care. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

Don't invalidate your original Will by handwritten changes



Don't invalidate your original Will by handwritten changes Beware of cheap online forms. Always have proper Self- Proving Wills since witnesses often move or pass away. Often cheap online forms are rejected The County Surrogates will reject for filing a Last Will and Testament when the Will was not correctly and legally signed and witnessed by independent persons. The prior 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 affidavit. A relative’s old Will was not self- proving, and the witness to the Will forced to pay a $500 fee to sign paperwork. The New Jersey Legislature later passed a law to create a type of Will called a “Self-Proving Will.” In the improved “Self-Proving Will”, the person for whom the Will is made first must sign. Then the two witnesses sign. Then the attorney or notary must sign; Then the person signs a second time on the self-proving affidavit, then the witnesses sign a second time, then the attorney signs 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 do their own dental work. Have a professional do it right. When done properly, the executor does not have to locate any witnesses. This usually saves time and substantial 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. Ken Vercammen’s office prepares Self Proving Wills. 2. 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. Pull out your prior Will. Does it does not say No Bond required? If not, call an attorney to have a new Will prepared. If the Will does not say “No Bond required, usually the Executor will have to pay over $1,000 and go through the bonding process. 3. Include a funeral agent in your Will and Letter of Instruction to Family. A law was revised that recommends persons appoint a “Funeral agent” to be the official person to handle a funeral. If your Will was done more than three years ago, you want to write to the Executors to formally appoint them as funeral agent. If you don’t have a Will, contact an attorney to have a Will prepared with the specific designation of someone as funeral agent. "I hereby nominate, constitute and my Executor to serve as my Funeral and Disposition Representative, pursuant to N.J.S.A. 45:27-22. … More information on www.njlaws.com. 4. Problems if You 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 surrogate fees and legal fees. 3. State law determines who gets assets, not you. People who don’t help 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. 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 a real attorney. Never use a form on line. It is foolish to do your own electrical work on a home anymore or change their own oil. Have a professional do it right.

Re- Evaluating Your Will, Power of Attorney and LIving Will selections d...


Re -Evaluating Your Will, Power of Attorney and LIving Will selections during Covid Kenneth Vercammen’s Law Office new Will preparation online without having to travel to law office and follow up consults over phone & online and To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well being. 1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form. 2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com. Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms. 3. Ken V will call to discuss after typed interview form received. 4. After persons by credit card online or payment confirmed from PayPal, we will draft documents and email to you. 5. Ken V will call to answer further questions 6. Sign documents in front of notary and two witnesses[ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. Sign a Living Will with Power of Attorney for Health Care. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

Estate Planning during Covid



Estate Planning during Covid Kenneth Vercammen’s Law Office new Will preparation online with follow up consults online and without having to travel to law office. The state emergency still does not prevent you from getting your estate planning done. Our office has been inundated with calls from persons that put off preparing a Living Will/ Advance Directive, Will or Power of Attorney. To assist potential clients and seniors we now offer consults and document preparation remotely. We are concerned about your health and wellbeing. 1. For Wills, Power of Attorney, Living Wills, Deeds, Expungements please email Vercammenlaw@njlaws.com. We will email the interview form. 2. Type response/ Fill in details. email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com. Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms. 3. Ken V will call to discuss after typed interview form received. 4. After persons by credit card online or payment confirmed from PayPal, legal plan or Barter Depot, we will draft documents and email to you. 5. Ken V will call to answer further questions 6. Sign documents in front of notary and two witnesses [spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. Sign a Living Will with Power of Attorney for Health Care In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself. Please type up response to Short form Will interview form q and email back to Vercammenlaw@njlaws.com. Thank you PLEASE type and email back 1. Your Full Name ________________________________ 2. Your Street Address: ____________________________________ 3 City _______________________ State ____ Zip Code ______________ 4. Telephone Numbers: Cell: _______________________________ other # _____________________ Executor 1 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 In the Will- Who do you want to get your assets: Beneficiary (1) _______________________ Relationship _______________ Beneficiary (2) _______________________ Relationship _______________ Who receives your estate if any beneficiary predeceases you? ________ Minimum fee for Last Will and Testament preparation for retired persons is $350 We will draft documents for signing in front of a NJ notary.

QUESTIONS AND ANSWERS ON ADVANCE DIRECTIVE FOR HEALTH CARE IN NJ


QUESTIONS AND ANSWERS ON ADVANCE DIRECTIVE FOR HEALTH CARE IN NJ 1. Can my healthcare representative make decisions for me if I am still able to make my own decisions? Answer: No, your healthcare representative can only make decisions for you if your physician has evaluated you and determined that you are unable to understand your diagnosis, treatment options or the possible benefits and harms of the treatment options 2. Can having an advance directive affect my life insurance, health insurance or the benefits I receive from a governmental benefits program? Answer: No. 3. Can my life insurance company, health insurance company, physician, hospital, nursing home or any other healthcare facility require me to have an advance directive? Answer: No. 4. Does New Jersey recognize an advance directive that is valid in another state? Answer: Yes. 5. What is the definition of "life-sustaining treatment"? Answer: Life sustaining treatment is any medical device or procedure that increases your life expectancy by restoring or taking over a vital bodily function. The medical device or procedure can be a drug, ventilator (breathing machine), surgery, therapy or artificially provided fluids and nutrition. 6. What is the definition of “permanently unconscious"? Answer: Permanently unconscious means you have permanently lost the ability to interact with your environment and are completely unaware of your surroundings. 7. What is the definition of "terminal condition"? Answer: Terminal condition means the final stage of a fatal illness, disease or condition. To be in a terminal condition you do not have to be diagnosed as having less than a certain amount of time to live (e.g., six months or less). 8. What happens if I regain the ability to make my own decisions? Answer: In that case, your physician must obtain your consent for all treatment. Once you have the ability to make healthcare decisions your healthcare representative will no longer have the authority to make decisions for you. 9. Who should have a copy of my advance directive? Answer: You should give a copy to your primary healthcare representative, alternate healthcare representative(s), family members and physicians. If you are treated at a hospital or enter a nursing home you should also provide a copy when you are admitted. Source http://www.state.nj.us/health/advance... EMAIL Kenneth Vercammen if you want us to prepare your documents.

COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE and LIVING WILL


Sign a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE now . In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself. You will provide instructions concerning your health care preferences and wishes to your health care representative and others who will be entrusted with responsibility for your care, such as your physician, family members and friends. All States have declared that competent adults have the fundamental right in collaboration with their health care providers, to control decisions about their own health care. States recognize in their law and public policy, the personal right of the individual patient to make voluntary, informed choices to accept, to reject or to choose among alternative courses of medical and surgical treatment. WHY LIVING WILLS AND ADVANCE DIRECTIVE Modern advances in science and medicine have made possible the prolongation of the lives of many seriously ill individuals, without always offering realistic prospects for improvement or cure. For some individuals the possibility of extended life is experienced as meaningful and of benefit. For others, artificial prolongation of life may seem to provide nothing medically necessary or beneficial, serving only to extend suffering and prolong the dying process. States recognize the inherent dignity and value of human life and within this context recognize the fundamental right of individuals to make health care decisions to have life-prolonging medical or surgical means or procedures provided, withheld, or withdrawn. States recognize the right of competent adults to plan ahead for health care decisions through the execution of advance directives, such as Living Wills and durable powers of attorney, and to have their wishes respected, subject to certain limitations. PURPOSE OF LIVING WILLS AND ADVANCE DIRECTIVE In order to assure respect for patients previously expressed wishes when the capacity to participate actively in decision making has been lost or impaired; to facilitate and encourage a sound decision making process in which patients, health care representatives, families, physicians, and other health care professionals are active participants; to properly consider patients interests both in self-determination and in well-being; and to provide necessary and appropriate safeguards concerning the termination of life-sustaining treatment for incompetent patients as the law and public policy of this State, the Legislatures have enacted Living Will/ Advance Directives for Health Care Acts. Source ABA’s book “Wills and Estate Administration” http://shop.americanbar.org/eBus/Stor... ADVANCE DIRECTIVE 1. Can my healthcare representative make decisions for me if I am still able to make my own decisions? Answer: No, your healthcare representative can only make decisions for you if your physician has evaluated you and determined that you are unable to understand your diagnosis, treatment options or the possible benefits and harms of the treatment options. 2. Can having an advance directive affect my life insurance, health insurance or the benefits I receive from a governmental benefits program? Answer: No. 3. Can my life insurance company, health insurance company, physician, hospital, nursing home or any other healthcare facility require me to have an advance directive? Answer: No. 4. Does New Jersey recognize an advance directive that is valid in another state? Answer: Yes. 5. What is the definition of "life-sustaining treatment"? Answer: Life sustaining treatment is any medical device or procedure that increases your life expectancy by restoring or taking over a vital bodily function. The medical device or procedure can be a drug, ventilator (breathing machine), surgery, therapy or artificially provided fluids and nutrition. 6. What is the definition of “permanently unconscious"? Answer: Permanently unconscious means you have permanently lost the ability to interact with your environment and are completely unaware of your surroundings. 7. What is the definition of "terminal condition"? Answer: Terminal condition means the final stage of a fatal illness, disease or condition. To be in a terminal condition you do not have to be diagnosed as having less than a certain amount of time to live (e.g., six months or less).