Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. He is author of the ABA's book "Wills and Estate Administration. Kenneth Vercammen & Associates,
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500 More information at www.njlaws.com/

Monday, December 02, 2019

Include a funeral agent in your Will and Letter of Instruction to Family.

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.
Funeral agent 
"I hereby nominate, constitute and my Executorto serve as my Funeral and Disposition Representative, pursuant to N.J.S.A. 45:27-22. My Representative shall have the authority and power to control the arrangements for my funeral and the disposition of my remains. My Executor shall notify my Representative of this appointment, and shall advise my Representative of the financial means available to carry out the Funeral and Disposition arrangements. In the event my Executorshould predecease me or for some other reason not qualify to serve as my Funeral and Disposition Representative, then I nominate, constitute and appoint my successor Executoras my Funeral and Disposition Representative.”

Funeral agent
"I hereby nominate, constitute and my Executorto serve as my Funeral and Disposition Representative, pursuant to N.J.S.A. 45:27-22. My Representative shall have the authority and power to control the arrangements for my funeral and the disposition of my remains. My Executor shall notify my Representative of this appointment, and shall advise my Representative of the financial means available to carry out the Funeral and Disposition arrangements. In the event my Executorshould predecease me or for some other reason not qualify to serve as my Funeral and Disposition Representative, then I nominate, constitute and appoint my successor Executoras my Funeral and Disposition Representative.”

45:27-22 Control of funeral, disposition of remains.

22. a. If a decedent, in a will as defined in N.J.S.3B:1-2, appoints a person to control the funeral and disposition of the human remains, the funeral and disposition shall be in accordance with the instructions of the person so appointed. A person so appointed shall not have to be executor of the will. The funeral and disposition may occur prior to probate of the will, in accordance with section 40 of P.L.2003, c.261 (C.3B:10-21.1). If the decedent has not left a will appointing a person to control the funeral and disposition of the remains, the right to control the funeral and disposition of the human remains shall be in the following order, unless other directions have been given by a court of competent jurisdiction:

(1)The surviving spouse of the decedent or the surviving civil union or domestic partner; except that if the decedent had a temporary or permanent restraining order issued pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.) against the surviving spouse or civil union or domestic partner, or the surviving spouse or civil union or domestic partner is charged with the intentional killing of the decedent, the right to control the funeral and disposition of the remains shall be granted to the next available priority class as provided in this subsection.

(2)A majority of the surviving adult children of the decedent.

(3)The surviving parent or parents of the decedent.

(4)A majority of the brothers and sisters of the decedent.

(5)Other next of kin of the decedent according to the degree of consanguinity.

(6)If there are no known living relatives, a cemetery may rely on the written authorization of any other person acting on behalf of the decedent.

For purposes of this subsection "domestic partner" means a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3).

b .A cemetery may permit the disposition of human remains on the authorization of a funeral director handling arrangements for the decedent, or on the written authorization of a person who claims to be, and is believed to be, a person who has the right to control the disposition. The cemetery shall not be liable for disposition pursuant to this authorization unless it had reasonable notice that the person did not have the right to control the disposition.

c. A cemetery shall not bury human remains of more than one person in a grave unless:

(1)directions have been given for the burials in accordance with this section on behalf of all persons so buried; or

(2)the rights to be buried in the grave were sold by the cemetery with explicit provision allowing separate sales of rights to burial at different depths in the grave.

d. A person who signs an authorization for the funeral and disposition of human remains warrants the truth of the facts stated, the identity of the person whose remains are disposed and the authority to order the disposition. The person shall be liable for damages caused by a false statement or breach of warranty. A cemetery or funeral director shall not be liable for disposition in accordance with the authorization unless it had reasonable notice that the representations were untrue or that the person lacked the right to control the disposition.

e. An action against a cemetery company relating to the disposition of human remains left in its temporary custody may not be brought more than one year from the date of delivery of the remains to the cemetery company unless otherwise provided by a written contract.


Saturday, November 16, 2019

Nuts and Bolts of Elder and Estate Administration book (2019) List Price: $60.00 USD

  Nuts and Bolts of Elder and Estate Administration book (2019)  
List Price: $60.00 USD
NJ Bar members Price: $48.00 USD

Are you looking to expand your practice to be able to offer the legal services required by the elderly and their families in today’s society? Those services include will, living will, and trust drafting in addition to estate administration. This
This practical book is designed to provide the nuts and bolts of elder law practice and estate administration practice to general practitioners, young lawyers, or those who are just seeking to expand into this growing field as the Baby Boomer Generation, which makes up about half our population, continues to age.
This 240+ page handbook has sample forms, documents, and checklists.
   Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in today’s society. Or, you may be looking for lucrative areas in which to expand your current practice, including administering their estates.
ISBN :M015919
Primary Authors:
Kenneth A. Vercammen, Esq.
Author ABA Wills & Estate Administration
Edison, NJ

Martin A. Spigner, Esq.
Law Office of Martin A. Spigner
Cranbury, NJ

·      List Price: $60.00 USD
·      NJSBA Section Price: $48.00 USD
·      https://tcms.njsba.com/personifyebusiness/LegalResources/SearchOurSite.aspx

Additional speakers on seminar audio for sale
Honorable Katie A. Gummer
Presiding Judge General Equity
Monmouth County, NJ 

Pamela A. Quattrone, Esquire, MBA
Rice Elder Law
Cherry Hill, NJ 
This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced lawyers seeking to expand into this field. 
          More details contact New Jersey Institute for Continuing Legal Education 
The non-profit continuing education service of 
The New Jersey State Bar Association  Constitution Square, New Brunswick, New Jersey 08901-1520 
Phone: (732) 214-8500   CustomerService@njicle.comSeminar S15900W6
Original Publish Date: May 6, 2019

Table of Contents                              Page
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 Documents11
         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 Beneficiary29
         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 2014Report                                                            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

Authorization for Release of Financial Records and Information      189


Financing Nursing Home Care in New Jersey
PowerPoint Presentation
William P. Isele, Esq.                                                                      191

Nuts & Bolts of Elder Law and Estate Administration
Martin A. Spigner, Esq.                                                                  207

         Why Do Estate Tax Planning?                                                207
         The Survivor’s Choice (Disclaimer) Trust or the Unified Credit 
          Trust or No Trust; Are They Still Needed?                           207
         Irrevocable Life Insurance Trust                                           212
         Gift-Giving                                                                            212
         Intentionally Defective Grantor Trust (“IDGT”)                      213
          How the IDGT Works                                                           213
          Rev. Rul. 2004-64                                                              215
          IDGTs vs. GRATs                                                                215
         The Executor Basis Reporting Rules – Form 8971                  216
         Transferring Assets or Step-Up in Basis                               217

Irrevocable Life Insurance Trusts
Martin A. Spigner, Esq.                                                                  219

         Introduction                                                                         219
         Irrevocability                                                                        219
         Payments of Premium; CrummyPowers                               220
         Limiting Right of Withdrawal                                                 220
         Trustees                                                                              221
         Administration of the Trust; Taxes; Fees                             221
         Spendthrift Provisions                                                         222
         Execution of Trust                                                               222
         Post-Execution                                                                     222
         Attachments
          Sample Living Will With POA for Health Care                        225
          Sample Durable General Power of Attorney                         233
          Sample Irrevocable Trust                                                   239
          Sample Revocable Living Trust                                            255
          Sample Client Supplemental Needs Trust                             279
          Sample Survivorship Life Insurance Irrevocable Trust         291
          Sample Affidavit of Trustee Appointment                           300
          Sample Client Memo (Executor)                                           301  
          Summary:  Tax Cuts and Jobs Act of 2017                         309
          New 2018 Federal Estate and Gift Tax Rules                       313

Financing Long-Term Care in New Jersey
PowerPoint Presentation
Pamela A. Quattrone, Esq., MBA, CELA                                           331

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.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
 (Fax)   732-572-0030
www.njlaws.com
    The book Wills and Estate Administration” is available at 
http://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=224827061

   By Kenneth Vercammen, Esq.
Straightforward and to-the-point, Wills and Estate Administration provides step-by-step guidance that firms can use to handle all aspects of an estates practice, from initial client intake to closing the file. Topics are defined in six parts for ease of use:
   Preparation for Wills/Estate Planning Interviews
   Interviewing Clients
   Additional Estate Planning Issues
   Estate Administration
   Guardianship of Disabled or Incompetent Parents
   Marketing Your Wills and Estate Administration Practice
     Making this an essential resource for solo and small firm practitioners, the author includes numerous forms for each topic, and they are also available for download online. The book is basic and written to help new and transitional attorneys. In addition, tips on practice management will help seasoned attorneys.

Publisher:American Bar Association  ABA Book Publishing
   List Price: $79.95

ABA Price:$69.95
ISBN: 978-1-63425-380-2
Product Code: 5150484
2015, 290 pages, 7 x 10, Paperback
     
American Bar Association  Service Hotline
 800-285-2221
312-988-5000

   Sample chapter available http://shop.americanbar.org
"Have just finished Ken Vercammen's excellent book on Wills, Estate Administration, and Guardianship. It is a very practical book that examines the business of an estate and trust practice. This step-by-step analysis is complete with forms and helps even the seasoned practitioner streamline his practice."
-Thomas D. Begley, Jr., Esq., Begley Law Office, NJ