Elder Law NJ

Monday, February 28, 2022

Sayreville Senior Center- Wills, Estate Planning & Probate Seminar 2022

Wills, Estate Planning & Probate Seminar

April 21, 2022 at 11am

423 Main Street

Sayreville NJ 08872

Open to the public.

Wills & Estate Administration-Protect Your Family and Make Planning Easy. Free program in person open to the public, you do not need to be a Township resident to attend.

Speaker: Kenneth Vercammen, Esq. Edison, NJ (Author-Wills and Estate Administration by the ABA)

New Main Topics:

1. What’s new with proposed 2022 Federal Estate Tax changes

2. Handling Probate during Covid and while Government offices closed

3. Dangers If You Have No Will or documents invalid

4. Getting your Estate Planning Documents done without going into a law office

5. Power of Attorneys recommendations

6. Living Will & Advance Directive for Medical Care

7. Administering the Estate/Probate /Surrogate

8. Avoiding unnecessary expenses and saving your family money

COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.

For information: Call- Sayreville Senior Center 732-390-7059

Or email Jen Krushinski

jkrushinski@sayreville.com

You don’t have to be a Sayreville resident to attend.

https://www.facebook.com/events/335940605206150

For materials if you can’t attend, email vercammenlaw@njlaws.com

Free Will Seminars and Speakers Bureau for Groups

SPEAKERS BUREAU

At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates. We have attorneys available to speak to businesspersons, educational, civic and social organizations on a wide range of topics during business hours. If your organization in Central NJ would like to schedule a Will & Estates seminar, call Kenneth Vercammen’s Law Office at 732-572-0500 or email Vercammenlaw@njlaws.com

10 years ago the AARP Network Attorneys of the Edison/Metuchen/Woodbridge area several years ago established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. Now, Ken Vercammen, Esq. and volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups

Details on free programs available

These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available:

1. WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND

MAKE PLANNING EASY

2. POWER OF ATTORNEY to permit family to pay your bills if you are temporarily disabled and permit doctors to talk with family

All instructors are licensed attorneys who have been in practice at least 25 years. All instructors are members of the American Bar Association, New Jersey

State Bar Association, and Middlesex County Bar Association. All programs include free written materials.

You don't have to be wealthy or near death to do some thinking about a Will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law.

Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy)?; Mechanics of a Will; "Living Will"; Powers of Attorney; Selecting an executor, trustee, and guardian; Proper Will execution; Inheritance Taxes, Estate Taxes $14,000 annual gift tax exclusion, Bequests to charity, Why you need a "Self-Proving" Will and Estate Administration/ Probate.

Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights.

SPEAKERS BUREAU

In today's complex world, few people can function successfully and safely without competent legal advice. In order to insure your estate plans are legally set up, you need to know exactly where you stand so that you can avoid possibly catastrophic mistakes impacting both you and your family.

About the speaker: Kenneth A. Vercammen is a trial attorney in Edison, NJ. We is the author of the American Bar Association’s book “Wills and Estate Administration”

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 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. He is a member of the AARP and often lectures to groups on the importance of an up to date Will, Power of Attorney and Living Will.

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

www.njlaws.com

Residents invited from Middlesex,

Piscataway,

South Plainfield,

Edison,

Metuchen,

Woodbridge,

Perth Amboy,

Carteret,

Highland Park,

New Brunswick,

North Brunswick,

Milltown,

East Brunswick,

South River,

Sayreville,

South Amboy,

Old Bridge,

Spotswood,

South Brunswick,

Plainsboro,

Cranbury,

Monroe,

Jamesburg,

South Brunswick Library Estate Planning and Probate 2022

South Brunswick Library

Estate Planning and Probate 2022

April 21, 2022 at 7:00 p.m.

free Zoom program open to the public

https://www.facebook.com/events/300412152121563

SPEAKER: Kenneth Vercammen, Esq. Edison, (Author- ABA’s “Wills and Estate Administration book”)

Please join the South Brunswick Library for a Virtual Presentation of this legal workshop. Register below to be sent an invitation for the Zoom.

2022 Topics:

1. What’s new with proposed 2022 Federal Estate Tax changes

2. Handling Probate during Covid and while Government offices closed

3. Dangers If You Have No Will or documents invalid

4. Getting your Estate Planning Documents done without going into the law office

5. Power of Attorneys recommendations

6. Living Will & Advance Directive for Medical Care

7. Administering the Estate/Probate /Surrogate

8. Avoiding unnecessary expenses and saving your family money

Do you have a current will? Have you ever had to deal with the probate process? The Edison law offices of Kenneth Vercammen will join the library this evening to hold a workshop on the latest legal issues regarding Estate Planning and Probate. Remember, the laws are constantly changing and you should be aware of what is new and how it will affect you and your family. In a recent newsletter, lawyer Kenneth Vercammen tells us to "beware of the inexpensive forms you can get online." He warns, "Often cheap online forms are rejected" in the probate process. a hear what you need to know when considering how to legally protect your assets for your family.

Questions can be asked using the chat feature on Zoom and they will be answered during the Q&A period at the end of the presentation as time allows.

To register, go to __

South Brunswick Library

Att: Barbara Battles

(732) 329-4000x 7286

outreach@snpl.info

https://www.facebook.com/events/300412152121563/

Can’t attend? We can email you materials Send email to VercammenLaw@Njlaws.com

Free Will Seminars and Speakers Bureau for Groups

SPEAKERS BUREAU

Details on free programs available

These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available:

1. WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND

MAKE PLANNING EASY

2. POWER OF ATTORNEY to permit family to pay your bills if you are temporarily disabled and permit doctors to talk with family

All instructors are licensed attorneys who have been in practice at least 25 years. All instructors are members of the American Bar Association, New Jersey

State Bar Association, and Middlesex County Bar Association. All programs include free written materials.

SPEAKERS BUREAU

About the speaker: Kenneth A. Vercammen is a trial attorney in Edison, NJ. We is the author of the American Bar Association’s book “Wills and Estate Administration”

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

www.njlaws.com

Saturday, January 29, 2022

Medical Malpractice, Medical Negligence

Kenneth Vercammen, Esq. Helps persons injured as a result of negligence of another person or company

A person who is injured as a result of the negligence of another person is what we in the legal profession refer to as a personal injury claimant. In other words, they have been injured as a result of an accident, and now wish to prosecute a claim against a negligent property owner and its insurance company. The purpose of this article is to describe some of the caselaw in a medical malpractice/ negligence case.

More info at http://www.njlaws.com/medical_negligence-medical_malpractice.html?id=604

Duty and Negligence

The plaintiff(s) must prove the doctors were negligent in the diagnosis and [/or] treatment, and that such negligence was a substantial factor in causing the plaintiff(s) to be injured.

Negligence is conduct which deviates from a standard of care required by law for the protection of persons from harm. Negligence may result from the performance of an act or the failure to act. The determination of whether a defendant was negligent requires a comparison of the defendants conduct against a standard of care. If the defendants conduct is found to have fallen below an accepted standard of care, then he or she was negligent.

Certain doctors are specialists. Specialists in a field of medicine represent that they will have and employ not merely the knowledge and skill of a general practitioner, but that they have and will employ the knowledge and skill normally possessed and used by the average specialist in the field. Thus, when a physician holds himself/herself out as a specialist and undertakes to diagnose and treat the medical needs of a patient, the law imposes a duty upon that physician to have and to use that degree of knowledge and skill which is normally possessed and used by the average specialist in that field, having regard to the state of scientific knowledge at the time that he/she or she attended the plaintiff.

Based upon common knowledge alone, and without technical training, jurors normally cannot know what conduct constitutes standard medical practice. Therefore, the standard of practice by which a physicians conduct is to be judged must be furnished by expert testimony, that is to say, by the testimony of persons who by knowledge, training or experience are deemed qualified to testify and to express their opinions on medical subjects.

Jurors should not speculate or guess about the standards of care by which the defendant physician(s) should have conducted himself/herself/themselves in the diagnosis and treatment of the plaintiff. Rather, they must determine the applicable medical standard from the testimony of the expert witness(es) you have heard in the case.

Where there is a conflict in the testimony of the medical experts on a subject, it is for the jury to resolve that conflict using the same guidelines in determining credibility. They are not required to accept arbitrarily the opinions offered. They should consider the experts qualifications, training, and experience, as well as his/her understanding of the matters to which he/she or she testified.

Where an expert has offered an opinion upon an assumption that certain facts are true, it is for the jury to decide whether the facts upon which the opinion is based are true. The value and weight of an experts testimony in such instances is dependent upon, and no stronger than, the facts upon which it is predicated.

When determining the applicable standard of care, the jury must focus on accepted standards of practice or specialty involved, and not on the personal subjective belief or practice of the defendant doctor.

The law recognizes that the practice of medicine is not an exact science. Therefore, the practice of medicine according to accepted medical standards may not prevent a poor or unanticipated result. Therefore, whether the defendant doctor was negligent depends not on the outcome, but on whether he/she adhered to or departed from the applicable standard of care.

If the jury finds that the defendant has complied with the accepted standard of care, then he/she is not liable to the plaintiff regardless of the result. On the other hand, if the jury find that the defendant has deviated from the standard of care resulting in injury or damage to plaintiff, then you should find defendant negligent and return a verdict for plaintiff.

Negligence is the failure to comply with the standard of care to protect a person from harm. Negligence in a doctors medical practice, which is called malpractice, is the doctors failure to comply with the standard of care in the care and treatment of his/her patient. Usually it is necessary to establish the standard of care by expert testimony, that is, by testimony of persons who are qualified by their training, study and experience to give their opinions on subjects not generally understood by persons, such as jurors, who lack such special training or experience. In the usual case the standard of care by which to judge the defendants conduct cannot be determined by the jury without the assistance of expert medical testimony.

Where there has been expert medical testimony as to the standard of care, but the standard is one which can also be determined by the jury from its common knowledge and experience, the jury should determine the standard of care after considering all the evidence in the case, including the expert medical testimony, as well as its own common knowledge and experience.

a) Common Knowledge

The common knowledge doctrine was applied in Martin v. Perth Amboy General Hospital, 104 N.J. Super. 335 (App. Div. 1969), where a laparotomy pad was left in plaintiffs body during an operation, Tramutola v. Bortone, 63 N.J. 9 (1973), where plaintiff discovered that a needle had been left in her chest during surgery; Steinke v. Bell, 32 N.J. Super. 67 (App. Div. 1954), where a dentist removed the wrong tooth; Becker v. Eisenstodt, 60 N.J. Super. 240 (App. Div. 1960), where the defendant used a caustic substance instead of an anesthetic; and Terhune v. Margaret Hague Maternity Hospital, 63 N.J. Super. 106 (App. Div. 1960), where plaintiff was burned as a result of the improper administration of an anesthetic during childbirth, Nowacki v. Community Medical Center, 279 N.J. Super. 276 (App. Div. 1995), where plaintiff alleged that she fell while attempting to lift herself onto a treatment table, Tierney v. St. Michaels, 214 N.J. Super. 27 (App. Div. 1986), certif. den. 107 N.J. 114 (1987), where plaintiffs infant crawled out of a crib while hospitalized at the defendant hospital, Winters v. Jersey City Medical Center, 120 N.J. Super. 129 (App. Div. 1972), where the court held that one does not need an expert witness to testify that the bed rails should have been in the up position for an elderly person who fell out of bed. The common knowledge doctrine was applied to a failure to communicate an abnormal finding and the signing of an incorrect discharge summary in Jenoff v. Gleason, 215 N.J. Super. 349 (App. Div. 1987). In Rosenberg by Rosenberg v. Cahill, 99 N.J. 318 (1985), the common knowledge doctrine was not applied to the failure to observe a tumor in an x-ray.

The court rejected the plaintiffs reliance on the common knowledge doctrine in Posta v. Chueng-Loy, 306 N.J. Super. 182 (App. Div. 1997), involving hernia surgery.

See also, Sanzari v. Rosenfeld, 34 N.J. 128 (1961), Jones v. Stess, 111 N.J. Super. 283 (App. Div. 1970), Klimko v. Rose, 84 N.J. 496 (1980).

b) Res ispa loquitur

There are three requirements which must be demonstrated in order to apply the doctrine of res ipsa loquitur:

(1) The occurrence must be one which ordinarily bespeaks negligence;

(2) The instrumentality causing the injury must have been within defendants exclusive control; and

(3) There must be no indication that the plaintiffs injury was in any way the result of his own voluntary act or neglect.

A detailed analysis of the doctrine of res ipsa is found in Gould v. Winokur, 98 N.J. Super. 554 (Law Div. 1968), affd., 104 N.J. Super. 329 (App. Div. 1969), certif. den. 53 N.J. 582 (1969). See also, Buckelew v. Grossbard, 87 N.J. 512 (1981).

The difference between the res ipsa doctrine and the common knowledge doctrine is that the res ipsa doctrine requires expert testimony to prove the first element of proof, i.e., that the occurrence does not usually happen in the absence of negligence. Smallwood v. Mitchell, 264 N.J. Super. 295 (App. Div. 1993), certif. den. 134 N.J. 481 (1993).

The logical extension of the res ipsa and common knowledge doctrines is the conclusion that there are cases where the facts are such that at least one defendant must be liable as a matter of law. The genesis of this concept in New Jersey is found in Anderson v. Somberg, 67 N.J. 291 (1975), cert. den. 423 U.S. 929 (1975). See also, Chin v. St. Barnabas Medical Center, 160 N.J. 454 (1999).

The doctrine of res ipsa loquitur was deemed applicable in Yerzy v. Levine, 108 N.J. Super. 222 (App. Div. 1970), affd. 57 N.J. 234 (1970), where the common bile duct had been completely severed during gall bladder surgery; Pearson v. St. Paul, 220 N.J. Super. 110 (App. Div. 1987), where plaintiffs sixteen year old daughter died after arthroscopic knee surgery.

The doctrine of res ipsa loquitur was deemed inapplicable in Toy v. Rickert, 53 N.J. Super. 27 (App. Div. 1958), where plaintiff alleged that the defendant negligently administered a shot of penicillin into plaintiffs right buttock causing nerve damage; in Renrick v. Newark, 74 N.J. Super. 200 (App. Div. 1962), where plaintiff alleged that the defendant negligently injected a drug resulting in severe burning of both forearms and widespread scarring; Posta v. Chueng-Loy, 306 N.J. Super. 182 (App. Div. 1997), involving hernia surgery.

c) Common knowledge can be employed in some cases although expert medical testimony is also offered as to the standard of care and defendants alleged departure therefrom. See Sanzari v. Rosenfeld, supra, 34 N.J. at 138 and 143.

Conclusion

We appreciate that this is a great deal of information to absorb. We also appreciate that our requests for clients assistance have been numerous. However, we are certain that clients appreciate having this information from the outset. Each request and bit of information given here represents an important part in recovering full value for an injury.

http://www.njlaws.com/medical_negligence-medical_malpractice.html?id=604

Friday, January 28, 2022

Wills, Probate & Estate Planning 2022 update South Amboy Library-Sadie Pope Dowdell Library March 31

Wills, Probate & Estate Planning 2022 update

South Amboy Library-Sadie Pope Dowdell Library

March 31 at 6:30 pm Thursday

Zoom

Open to the public, free. You don’t have to be a resident to attend.

www.dowdell.org

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ

Author ABA Wills & Estate Administration

Estate administration can be very complex, and having some information before you begin can help you through the process.

https://www.facebook.com/events/4822919067795808/

New Main Topics:

1. What’s new with proposed 2022 Federal Estate Tax changes

2. Handling Probate during Covid and while Government offices closed

3. Dangers If You Have No Will or documents invalid

4. Getting your Estate Planning Documents without having to go into a law office

5. Power of Attorneys recommendations

6. Living Will & Advance Directive for Medical Care

7. Administering the Estate/Probate /Surrogate

8. Avoiding unnecessary expenses and saving your family money

Elaine R. Gaber, Director
Sadie Pope Dowdell Library
100 Harold G. Hoffman Plaza
South Amboy, New Jersey 08879

T: 732.721.6060 F: 732.721.1054
Email:

egaber@dowdell.org
Web: www.dowdell.org

https://www.facebook.com/events/4822919067795808/

Free Will Seminars and Speakers Bureau for Groups

SPEAKERS BUREAU

Details on free programs available

These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available:

1. WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND

MAKE PLANNING EASY

2. POWER OF ATTORNEY to permit family to pay your bills if you are temporarily disabled and permit doctors to talk with family

All instructors are licensed attorneys who have been in practice at least 25 years. All instructors are members of the American Bar Association, New Jersey

State Bar Association, and Middlesex County Bar Association. All programs include free written materials.

About the speaker: Kenneth A. Vercammen is a trial attorney in Edison, NJ. We is the author of the American Bar Association’s book “Wills and Estate Administration”

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

www.njlaws.com

North Brunswick Library Wills, Probate & Estate Planning 2022 update March 21, 2022

North Brunswick Library

Wills, Probate & Estate Planning 2022 update

March 21, 2022 -Virtual by Zoom

at 6PM Tuesday

Open to the public. You don’t have to be a town resident to attend

880 Hermann Road North Brunswick, NJ 08902 (732) 246-3545 northbrunswicklibrary.org

Registration: https://northbrunswicklibrary.org

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ

Author ABA Wills & Estate Administration

Estate administration can be very complex, and having some information before you begin can help you through the process.

2022 Topics:

1. What’s new with proposed 2022 Federal Estate Tax changes

2. Handling Probate during Covid and while Government offices closed

3. Dangers If You Have No Will or documents invalid

4. Getting your Estate Planning Documents without going into a law office

5. Power of Attorneys recommendations

6. Living Will & Advance Directive for Medical Care

7. Administering the Estate/Probate /Surrogate

8. Avoiding unnecessary expenses and saving your family money

Ryan Miller, MLIS

Outreach/Public Services Librarian

North Brunswick Public Library

880 Hermann Rd.

North Brunswick, NJ 08902

732-246-3545

rmiller@northbrunswicklibrary.org

https://www.facebook.com/events/398553398690086

The North Brunswick Public Library does not adhere to or recommend the practices of any specific law firm

https://www.facebook.com/events/edit/398553398690086/

Free Will Seminars and Speakers Bureau for Groups

SPEAKERS BUREAU

Details on free programs available

These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available:

1. WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND

MAKE PLANNING EASY

2. POWER OF ATTORNEY to permit family to pay your bills if you are temporarily disabled and permit doctors to talk with family

All instructors are licensed attorneys who have been in practice at least 25 years. All instructors are members of the American Bar Association, New Jersey

State Bar Association, and Middlesex County Bar Association. All programs include free written materials.

About the speaker: Kenneth A. Vercammen is a trial attorney in Edison, NJ. We is the author of the American Bar Association’s book “Wills and Estate Administration”

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

www.njlaws.com

Elder Law NJ

Monday, February 28, 2022

Sayreville Senior Center- Wills, Estate Planning & Probate Seminar 2022

South Brunswick Library Estate Planning and Probate 2022

Saturday, January 29, 2022

Medical Malpractice, Medical Negligence

Friday, January 28, 2022

Wills, Probate & Estate Planning 2022 update South Amboy Library-Sadie Pope Dowdell Library March 31

North Brunswick Library Wills, Probate & Estate Planning 2022 update March 21, 2022

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