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

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500

Tuesday, October 20, 2015

Estate planning affected by Births, Deaths, Marriage, Divorce and Incapacity

Estate planning affected by Births, Deaths, Marriage, Divorce and Incapacity: Each of these events may profoundly alter a person’s life.  They also may alter the desired disposition of an estate.  For example, in some States that have adopted variations of the Uniform Probate Code, divorce may automatically revoke dispositions to the former spouse.  But who takes the former spouse’s share?  That share might pass to minor children outright such that a court may have to appoint a guardian (possibly the former spouse) to hold and administer the assets.  Or will the court hold those assets itself?  The same types of considerations apply to all other changes in family relationships.  A proper estate plan should address these contingencies.
Special Needs Planning: What if a child suffers from a learning disability, incapacity or is vulnerable to the influence of people seeking to grab his inheritance?  What will happen to inherited funds if a child is disabled and requires governmental assistance such as Medicaid?  For parents with special needs children, or anyone who desires to leave assets to a child with special needs, specialized trust planning may be required to avoid risking a special needs child’s public benefits. In fact, one estate planning attorney noted that when he informed a LegalZoom representative that he had a disabled child, the representative advised him that he needed a supplemental needs trust which LegalZoom did not provide and that he would need to contact an attorney to prepare one for him.[13] It is doubtful that a non-attorney would be aware of the need for such specialized planning but that omission could be costly.