Kenneth Vercammen is a Middlesex County Trial Attorney who has published 130 articles in national and New Jersey publications on Criminal Law, Probate, Estate and litigation topics.

He was awarded the NJ State State Bar Municipal Court Practitioner of the Year.

He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters.

To schedule a confidential consultation, call us or New clients email us evenings and weekends via contact box www.njlaws.com.

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500

Tuesday, July 12, 2011

NJ Laws Email Newsletter E329-New articles, ABA newsletters and Community events

NJ Laws Email Newsletter E329

NJ Laws Email Newsletter E329

February 24, 2010


1. WILLS AND ESTATES - ADMINISTRATORS 38-2-6880I/M/O Estate of Hope, App. Div. DOCKET NO. A-2988-08T32988-08T3

It has long been recognized that "courts are reluctant to remove an executor or trustee without clear and definite proof of fraud, gross carelessness or indifference." Decided: In this appeal by two of the decedents adult children of the trial courts denial of their motion to remove the administrator cum testamento, the appellate panel finds no abuse of the trial judges discretion and affirms the denial. The appellants failed to submit any competent proof that the administrators judgment in selling one property for less than the appraisal constituted fraud, gross carelessness or indifference under the circumstances.


Similarly, they failed to establish a prima facie case justifying removal based on a failure to protect the estate in connection with his attempted sale of the larger property as there is nothing exceptionable about a contract of sale where the purchaser requires governmental approvals to sustain a higher purchase price and it is clear that appellants sought to frustrate the contract by delaying and preventing the necessary governmental approvals. Moreover, the estate was not harmed by the absence of a right of termination prior to the expiration of the contract.

  Source: From: NJ Law Journal Daily Briefing - 02/23/2010 dailybriefing@njsba-njldailybriefing.com

2. Choosing Beneficiaries for IRA, Life Insurance, etc.

You can name beneficiaries to receive certain assets after your death, including individual retirement accounts (IRAs), life insurance policies, and annuities. Make those designations carefully, since they typically override any provisions in your will. Consider the following points:

List all assets with beneficiaries, noting the owner, primary beneficiary, and contingent beneficiary. Also indicate the expected value of each asset.

Select the most appropriate person as beneficiary for each asset. In some cases, tax and estate planning considerations may help dictate whom to choose. For instance, spouses typically have more options when inheriting an IRA, so that may be the better choice for your IRA.

Name contingent beneficiaries.

Without a named contingent beneficiary, the asse will be included in your probate estate if your primary beneficiary dies before you. Then, the asset may have to go through the probate process and may be distributed to a beneficiary you had not intended to receive that asset. When naming more than one beneficiary,indicate what percentage of the asset each beneficiary should receive. Also decide whether each beneficiarys share should be distributed to that persons heirs or divided among the remaining beneficiaries if a beneficiary dies before you.

Assess whether your beneficiaries are capable of managing the asset. If not, you may want to set up a trust to control distribution of the asset.

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Review your beneficiaries periodically to determine whether changes are necessary. A divorce, remarriage, spouses death, or childs birth is all events that may require changes to beneficiaries. You should also review your beneficiary choices if you make changes to your will.

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Source:


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3. Vercammen, Pagano -- Champions for South Brunswick at District 20 Wrestling Tournament.

From the Trentonian

The South Brunswick wrestling team did have some bright moments on its home mat the District 20 Tourney. One came from Brendan Vercammen, who won the 171-pound weight class with a 4-3 win over Steve Zafrani of Old Bridge.

South Brunswick also got gold from 130-pounderJames Pagano, who beat Ryan Levinski of East Brunswick, 7-2, in his final.

Other medal winners for South Brunswick who advanced to the Region 5 championship are Justin Lopez -2nd place, Chad Capraro, Frank Capraro, Justin DeAndrea, Jeff Goldhagan.

Brendan Vercammen is the two-time District champ and defending Region 5 champion.

The Region V tournament kicks off Friday night at 5:30 p.m. at Hunterdon Central High School. Brendan is seeded 1st in the Region tournament.




Full Trentonian Article

4. Next Estate Planning Seminars:

WILLS, PROBATE AND ELDER LAW

East Brunswick Adult & Community Education Program

WHEN: Monday March 8, 2010 7 - 8:30 P.M.

WHERE: East Brunswick High School, 380 Cranbury Rd

FEE: $29

For additional information, call the East Brunswick Adult Education Office for registration information at: 732- 613-6989

WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR

WHEN: Wednesday March 10, 10:30 am

WHERE: Highland Park Office of Aging, 220 South 6th Ave.

Highland Park, NJ 08904

FEE: no cost

For additional information, call the Highland Park Office of Aging at: 732-819-0052