Saturday, March 21, 2020

Repealed 2C :35-16 Driver’s license suspension if pleading guilty to any NJ Drug offense

Repealed 2C :35-16  Driver’s license suspension if pleading guilty to any NJ Drug offense
Forfeiture or postponement of driving privileges. [Unless attorney is successful with hardship motion]
    2C :35-16 . a. In addition to any disposition authorized by this title, the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43), or any other statute indicating the dispositions that can be ordered for an adjudication of delinquency, and notwithstanding the provisions of subsection c. of N.J.S.2C:43-2, a person convicted of or adjudicated delinquent for a violation of any offense defined in this chapter or chapter 36 of this title shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the court at not less than six months or more than two years which shall commence on the day the sentence is imposed unless the court finds compelling circumstances warranting an exception. For the purposes of this section, compelling circumstances warranting an exception exist if the forfeiture of the person's right to operate a motor vehicle over the highways of this State will result in extremehardship and alternative means of transportation are not available. In the case of a person who at the time of the imposition of sentence is less than 17 years of age, the period of any suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court of not less than six months or more than two years after the day the person reaches the age of 17 years.  If the driving privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this chapter or chapter 36 of this title, any revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement.

   b.   If forfeiture or postponement of driving privileges is ordered by the court pursuant to subsection a. of this section, the court shall collect forthwith the New Jersey driver's license or licenses of the person and forward such license or licenses to the Chief Administrator of the New Jersey Motor Vehicle Commission along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.  If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the Chief Administrator.  That report shall include the complete name, address, date of birth, eye color, and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle during the period of license suspension or postponement imposed pursuant to this section, the person shall, upon conviction, be subject to the penalties set forth in R.S.39:3-40.  A person shall be required to acknowledge receipt of the written notice in writing.  Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.  If the person is the holder of a driver's license from another jurisdiction, the court shall not collect the license but shall notify forthwith the Chief Administrator who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person's non-resident driving privilege in this State.

   c.   In addition to any other condition imposed, a court may in its discretion suspend, revoke or postpone in accordance with the provisions of this section the driving privileges of a person admitted to supervisory treatment under N.J.S.2C:36A-1 or N.J.S.2C:43-12 without a plea of guilty or finding of guilt.

   d.   After sentencing and upon notice to the prosecutor, a person subject to suspension or postponement of driving privileges under this section may seek revocation of the remaining portion of any suspension or postponement based on compelling circumstances warranting an exception that were not raised at the time of sentencing.  The court may revoke the suspension or postponement if it finds compelling circumstances.

   Amended 1988, c.44, s.7; 2005, c.343; 2008, c.84, s.2.

NJSA 2C:35-16 was amended to provide: "compelling circumstances warranting an exception if the forfeiture of the person's right to operate a motor vehicle over the highways of this state will result in extreme hardship and alternative means of transportation are not available.

         In the case of State v. Bendix396 NJ Super. 91 (App. Div 2007), the Appellate Division held the lower court took too restrictive a view of the court's discretion, under N.J.S.A. 2C:35-16a, to grant defendant a hardship exception from the requirement that his driver's license be suspended due to his conviction for drug offenses.  


39:4-56.5 Abandonment of motor vehicle revised 2019 No more suspension

39:4-56.5 Abandonment of motor vehicle revised 2019
No more suspension 
First offense: 

fine $100 $500 plus court costs

Subsequent offense:  
fine $500 $1000

 1. a. It shall be unlawful for any person to abandon a motor vehicle on or along any highway, other than a limited access highway, or other public property or on any private property without the consent of the owner or other person in charge of the private property.  A vehicle which has aremained on or along any highway or other public property or on private property without such consent for a period of more than 48 hours or for any period without current license plates shall be presumed to be an abandoned motor vehicle .  Vehicles used or to be used in the construction, operation or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this section.

   b.   It shall be unlawful for any person to abandon a 
motor vehicle on or along any limited access highway without the consent of the State Department of Transportation or other entity having jurisdiction over the limited access highway, as the case may be.  A vehicle which remains on or along the highway for a period of more than four hours or for any period without current license plates shall be presumed to be an abandoned motorvehicle.  Legally parked vehicles, such as vehicles parked in a designated rest area for not more than 12 hours, or vehicles used or to be used in the construction, operation, or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this section.

   c.   Any person who violates this section shall be subject for the first offense to a fine of not less than $100 nor more than $500.  For any subsequent violation the person shall be subject to a fine of not less than $500 or more than $1,000.

Thursday, March 05, 2020

NJ Driver Reexamination Law Enforcement and Physicians/Emergency Room Reporting

NJ Driver Reexamination
Law Enforcement and Physicians/Emergency Room Reporting

Did you know that motor vehicle crashes are the number one cause of injury-related deaths in people aged 65-74? Did you know that many seniors and others with special medical conditions are unable or unwilling to decide for themselves whether it is safe for them to drive? Or that their families are often afraid to take away the keys? It's true, and that's why law enforcement and physicians often play a leading role in protecting these individuals from the perils of unsafe driving. The following information is intended to help you in this ambitious goal. 

Physicians/Emergency rooms
By regularly assessing their patients' fitness to drive, medical professionals can better identify drivers at increased risk for crashes, help them enhance their driving safety, and ease the transition to driving retirement if and when it becomes necessary. 

Physician reports due within 24 hours
New Jersey law (N.J.S.A. 39:3-10.4) requires physicians to report patients to the Motor Vehicle Commission within 24 hours after determining that the patient experiences:
·       Recurrent convulsive seizures. 
·       Recurrent periods of unconsciousness or impairment; or 
Loss of motor coordination due to conditions such as, but not limited to, epilepsy in any of its forms, which persist or recur despite medical treatment. 

How to file a Medical Emergency Report (Physicians) 
The Medical Review Unit greatly appreciates the support of the New Jersey medical community in this effort and tries to simplify the process for you:
If you believe that one of your patients is no longer fit to drive, please fill out MVC's Form MR-4: Medical Emergency Report [612k pdf]. If you are unable to download the form or have any questions about its contents, please call us.
You may also receive the "Medical Examination Report" (MR1) from individuals who have been reported to the MVC by law enforcement or family members, and have been sent the forms in the mail. Please note that all form(s) must be returned within 45 days in order to avoid license suspension. 
Completed forms may be returned via fax or by mail; see Contact the Medical Review Unit below for this information.
The American Medical Association provides helpful information in its Physicians Guide to Assessing and Counseling Older Drivers.
The physician’s findings in the "Medical Emergency Report" determine the next steps in the medical review process, which may range from indefinite license suspension to a restricted license, to no action required. Many times, additional information or tests are required. 
In instances where a seizure disorder, syncope condition or recurrent loss of motor coordination has been identified, a 15-day direct order may be issued according to NJAC 13:19-5.2 
Approximately 55% of cases are referred to doctors on MVC's Medical Advisory Panel. These doctors review information and test results provided by the driver’s personal physician—the Medical Advisory Panel does not perform examinations or communicate directly with drivers. This process takes approximately 3-4 weeks. 

Law Enforcement
Few people are more qualified to make a judgment about a person's fitness to drive than a police officer. Every day, officers encounter drivers that are medically impaired during standard traffic stops and at the scene of accidents. At times, police officers may also be approached by individuals who are concerned about the driving skills of a family member. The MVC greatly appreciates the support of police officers in this effort.

How to file a Medical Emergency Report (Law Enforcement) 
Here is an explanation of how the MVC's medical review process works when a police officer is involved:
·       If a police officer believes that an individual may not be medically fit to drive, they should fill out MVC's Form MR-5: Driver Examination/Medical Evaluation Request [609k pdf]. If you are unable to download the form from this website, or if you have any questions about the medical review process, please contact us by phone.
·       Completed forms may be returned via fax or by mail. 
·       The MVC appreciates the professional insight of police officers in reporting their concerns about driving behavior. The reported drivers will be required to undergo a thorough medical review to determine their fitness to drive. This may result in a re-examination of their driving abilities. 
If a police officer wishes to receive updates on the status of a driver who they reported to the MVC, please contact us by phone. Unfortunately, a medical review can often be a long, drawn-out process. The MVC appreciates your commitment to these cases and will make every effort to provide updates.
Source https://www.state.nj.us/mvc/drivertopics/lawmedreport.htma

DRIVER EXAMINATION AND/OR MEDICAL EVALUATION REQUEST

https://www.state.nj.us/mvc/pdf/violations/MVC-Form_MR-5.pdf

NJ Driver Reexamination Law Enforcement and Physicians/Emergency Room Reporting

NJ Driver Reexamination
Law Enforcement and Physicians/Emergency Room Reporting

Did you know that motor vehicle crashes are the number one cause of injury-related deaths in people aged 65-74? Did you know that many seniors and others with special medical conditions are unable or unwilling to decide for themselves whether it is safe for them to drive? Or that their families are often afraid to take away the keys? It's true, and that's why law enforcement and physicians often play a leading role in protecting these individuals from the perils of unsafe driving. The following information is intended to help you in this ambitious goal. 

Physicians/Emergency rooms
By regularly assessing their patients' fitness to drive, medical professionals can better identify drivers at increased risk for crashes, help them enhance their driving safety, and ease the transition to driving retirement if and when it becomes necessary. 

Physician reports due within 24 hours
New Jersey law (N.J.S.A. 39:3-10.4) requires physicians to report patients to the Motor Vehicle Commission within 24 hours after determining that the patient experiences:
·       Recurrent convulsive seizures. 
·       Recurrent periods of unconsciousness or impairment; or 
Loss of motor coordination due to conditions such as, but not limited to, epilepsy in any of its forms, which persist or recur despite medical treatment. 

How to file a Medical Emergency Report (Physicians) 
The Medical Review Unit greatly appreciates the support of the New Jersey medical community in this effort and tries to simplify the process for you:
If you believe that one of your patients is no longer fit to drive, please fill out MVC's Form MR-4: Medical Emergency Report [612k pdf]. If you are unable to download the form or have any questions about its contents, please call us.
You may also receive the "Medical Examination Report" (MR1) from individuals who have been reported to the MVC by law enforcement or family members, and have been sent the forms in the mail. Please note that all form(s) must be returned within 45 days in order to avoid license suspension. 
Completed forms may be returned via fax or by mail; see Contact the Medical Review Unit below for this information.
The American Medical Association provides helpful information in its Physicians Guide to Assessing and Counseling Older Drivers.
The physician’s findings in the "Medical Emergency Report" determine the next steps in the medical review process, which may range from indefinite license suspension to a restricted license, to no action required. Many times, additional information or tests are required. 
In instances where a seizure disorder, syncope condition or recurrent loss of motor coordination has been identified, a 15-day direct order may be issued according to NJAC 13:19-5.2 
Approximately 55% of cases are referred to doctors on MVC's Medical Advisory Panel. These doctors review information and test results provided by the driver’s personal physician—the Medical Advisory Panel does not perform examinations or communicate directly with drivers. This process takes approximately 3-4 weeks. 

Law Enforcement
Few people are more qualified to make a judgment about a person's fitness to drive than a police officer. Every day, officers encounter drivers that are medically impaired during standard traffic stops and at the scene of accidents. At times, police officers may also be approached by individuals who are concerned about the driving skills of a family member. The MVC greatly appreciates the support of police officers in this effort.

How to file a Medical Emergency Report (Law Enforcement) 
Here is an explanation of how the MVC's medical review process works when a police officer is involved:
·       If a police officer believes that an individual may not be medically fit to drive, they should fill out MVC's Form MR-5: Driver Examination/Medical Evaluation Request [609k pdf]. If you are unable to download the form from this website, or if you have any questions about the medical review process, please contact us by phone.
·       Completed forms may be returned via fax or by mail. 
·       The MVC appreciates the professional insight of police officers in reporting their concerns about driving behavior. The reported drivers will be required to undergo a thorough medical review to determine their fitness to drive. This may result in a re-examination of their driving abilities. 
If a police officer wishes to receive updates on the status of a driver who they reported to the MVC, please contact us by phone. Unfortunately, a medical review can often be a long, drawn-out process. The MVC appreciates your commitment to these cases and will make every effort to provide updates.
Source https://www.state.nj.us/mvc/drivertopics/lawmedreport.htma

DRIVER EXAMINATION AND/OR MEDICAL EVALUATION REQUEST

https://www.state.nj.us/mvc/pdf/violations/MVC-Form_MR-5.pdf

Wednesday, March 04, 2020

39:6B-2 Penalties No insuranceFailure to carry motor vehicle insurance coverage- No more mandatory DL suspension

 39:6B-2  Penalties No insuranceFailure to carry motor vehicle insurance coverage- No more mandatory DL suspension

First offense: Fine and a period of
community service as determined
by the court, and OPTIONAL suspension of
driving privileges for 1 year
fine $300 $1000 plus court costs
Plus 9 car insurance points and $750 in MVC surcharges per offense

No insurance 2nd& Subsequent offense: 
Shall be subject to 14 days
imprisonment, mandatory 30 days
community service and
mandatory suspension of driving privileges for
2 years from date of conviction
fine up to $5000 plus court costs
Plus 9 car insurance points and $750 in MVC surcharges per offense

39 :6B-2 Penalties. New law 2019 No more mandatory suspension
   2.   An owner or registrant of a motor vehicle registered or principally garaged in this State who operates or causes to be operated a motor vehicle upon any public road or highway in this State without motor vehicle liability insurance coverage required by P.L.1972, c.197 (C.39:6B-1 et seq.), and an operator who operates or causes a motor vehicle to be operated and who knows or should know from the attendant circumstances that the motor vehicle is without motor vehicle liability insurance coverage required by P.L.1972, c.197 (C.39:6B-1 et seq.) shall be subject, for the first offense, to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court.  
The court, in its discretion, also may suspend the person's right to operate a motor vehicle over the highways of this State for a period of up to one year from the date of conviction; provided, however, the period of license suspension may be reduced or eliminated if the person provides the court with satisfactory proof of motor vehicle liability insurance at the time of the hearing. 
 Upon subsequent conviction, the person shall be subject to a fine of up to $5,000 and shall be subject to imprisonment for a term of 14 days and shall be ordered by the court to perform community service for a period of 30 days, which shall be of a form and on terms as the court shall deem appropriate under the circumstances, and  the court, in its discretion, may suspend the person's right to operate a motor vehicle over the highways of this State for a period of up to two years from the date of the conviction. In deciding the duration of any suspension of the person's right to operate a motor vehicle pursuant to this section, the court shall consider the circumstances of the violation and whether the loss of driving privileges will result in extreme hardship and alternative means of transportation are not readily available.  After the expiration of the suspension, the person may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator.  The chief administrator's discretion shall be based upon an assessment of the likelihood that the individual will operate or cause a motor vehicle to be operated in the future without the insurance coverage required by this act.  A complaint for violation of this act may be made to a municipal court at any time within six months after the date of the alleged offense.

   Failure to produce at the time of trial an insurance identification card or an insurance policy which was in force for the time of operation for which the offense is charged creates a rebuttable presumption that the person was uninsured when charged with a violation of this section.

   L.1972, c.197, s.2; amended 1983, c.141, s.1; 1987, c.46; 1988, c.156, s.15; 1990, c.8, s.49; 1997, c.151, s.12; 2013, c.237; 2019, c.276, s.17.

39:4-139.10 Failure to respond, pay parking judgment, penalties. Revised 2019

39:4-139.10 Failure to respond, pay parking judgment, penalties. Revised 2019

   9. a. If a person has failed to respond to a failure to appear notice or has failed to pay a parking judgment, the municipal court may give notice of that fact to the commission in a manner prescribed by the chief administrator.  If notice has been given under this section of a person's failure to respond to a failure to appear notice or to pay a parking judgment and if the fines and penalties are paid or if the case is dismissed or otherwise disposed of, the municipal court shall promptly give notice to that effect to the commission.

   b.   The judge or the commission may suspend the driver's license, or the registration of the motor vehicle of an owner, lessee, or operator who has not answered or appeared in response to a failure to appear notice or has not paid or otherwise satisfied outstanding parking fines or penalties.

   If the license or registration suspension is the result of the failure to pay outstanding parking fines or penalties, or respond to a failure to appear notice, the commission shall:

   (1)   delay the imposition of the license or registration suspension for at least 30 days after the date on which the commission received a notice of suspension from the municipal court; and

   (2)   upon receipt of a notice of suspension from the municipal court, provide written notice advising the owner, lessee, or operator that the suspension shall take effect 30 days after the date of the commission's notice.  The written notice issued by the commission shall provide the reason for suspension, identify the municipal court that issued the notice of suspension, and inform the owner, lessee, or operator that the suspension may be avoided by contacting the municipal court that issued the notice of suspension within the 30-day period to resolve the pending parking violation.

   If an owner, lessee or operator has been found guilty of a parking offense and has failed to pay or otherwise satisfy outstanding parking fines or penalties, the court shall provide notice and an opportunity to appear before a judge prior to suspending that person's driver's license or motor vehicle registration.  In determining whether to suspend the person's driver's license or the motor vehicle registration, the judge and the commission shall take into consideration the circumstances of the offense, whether the suspension of the person's driver's license will result in extreme hardship and alternative means of transportation are not readily available, the area where the person resides, and whether or not the person has access to off-street parking.  In accordance with section 1 of P.L.1981, c.365 (C.39:4-203.1) and section 1 of P.L.2009, c.317 (C.2B:12-23.1), a court may permit alternatives to the payment of certain outstanding portions of parking fines and penalties based on a person's ability to pay, including allowing the payment of the fine in installments, conversion of the fine to community service, or revoking portions of the fine or penalty.

   When a person whose license or registration has been suspended appears at court proceedings or otherwise resolves pending parking violations, or pays or otherwise satisfies all parking fines or penalties, the municipal court shall provide the person with a receipt of payment and shall give electronic notice to the commission that the person's obligations have been satisfied and the suspension ordered by the court shall not be imposed.  If, prior to the effective date of the suspension by the commission, the person submits the receipt of payment to the commission or the commission receives the electronic notice stating that the person's obligations have been satisfied, the commission shall not suspend the person's license or registration.  If the commission receives the receipt or electronic notice after the effective date of the suspension, the person shall seek the restoration of the license or registration through procedures adopted by the commission.

   c.   The commission shall keep a record of a suspension ordered by the court pursuant to subsection b. of this section. 

   L.1985, c.14, s.9; amended 1999, c.397, s.1; 2007, c.280, s.1; 2017, c.75; 2019, c.276, s.14.

39:4-56.5 Abandonment of motor vehicle revised 2091

39:4-56.5 Abandonment of motor vehicle revised 2091
No more suspension 
First offense: 

fine $100 $500 plus court costs

Subsequent offense: Fine and
license or driving privileges may
be suspended or revoked by
Administrator of MVC for a period
of not more than 5 years
fine $500 $1000

   1. a. It shall be unlawful for any person to abandon a motor vehicle on or along any highway, other than a limited access highway, or other public property or on any private property without the consent of the owner or other person in charge of the private property.  A vehicle which has remained on or along any highway or other public property or on private property without such consent for a period of more than 48 hours or for any period without current license plates shall be presumed to be an abandoned motor vehicle .  Vehicles used or to be used in the construction, operation or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this section.

   b.   It shall be unlawful for any person to abandon a 
motor vehicle on or along any limited access highway without the consent of the State Department of Transportation or other entity having jurisdiction over the limited access highway, as the case may be.  A vehiclewhich remains on or along the highway for a period of more than four hours or for any period without current license plates shall be presumed to be an abandoned motor vehicle .  Legally parked vehicles, such as vehicles parked in a designated rest area for not more than 12 hours, or vehicles used or to be used in the construction, operation, or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this section.

   c.   Any person who violates this section shall be subject for the first offense to a fine of not less than $100 nor more than $500.  For any subsequent violation the person shall be subject to a fine of not less than $500 or more than $1,000.

   L.1967, c.305, s.1; amended 1971, c.330; 1999, c.411; 2019, c.276, s.13.

Friday, February 14, 2020

Wednesday, January 29, 2020

VOLUNTEER INTERN WANTED – Asst Editor of NJ State Bar & ABA Books & Newsletters & Marketing Projects

 VOLUNTEER INTERN WANTED – Asst Editor of NJ State Bar & ABA Books & Newsletters & Marketing Projects
       We are assisting the NJ Bar Association & ABA re-write three well received books which help new & young lawyers and lawyers in transitional practice [ex- lost job in recession or law firm closed. We need a volunteer to help editor and do research on the books.
ABA Books to be updated:
Wills and Estate Administration” American Bar Association2015 90% of the net profits go to the ABA and ABE American Bar Endowment

“Criminal Law Forms” American Bar Association 2013  500+ pages

“Smart Marketing For the Small Firm Lawyer” American Bar Association 2014  156 pages plus 700 pages on CD

       You do not have to be a current student but must be able to be in Edison, NJ a minimum of ten hours per week.
  You will be included in the book’s Forward for recognition of your work and will have a valuable addition to your resume.
    Mail or fax cover letter and resume. Do not email.
Kenneth Vercammen Esq. Author
 2053 Woodbridge Ave.
Edison, NJ 08817       
PHONE  732-572-0500           
(Fax)  732-572-0030
            
      Other possible Duties 
-Update all chapters of prior books
- Review and Revise Legal and Consumer Law Articles for Grammar and Punctuation
- Work as Assistant Editor of the New Jersey Municipal Court Law Review, which is distributed, for free to area Police, Judges, Prosecutors and other New Jersey professionals
- Prepare Correspondence to websites and New Jersey Media with Revised Articles
- Provide copies of published articles to 
- Assist in Marketing projects
- Type Rough Draft Articles 
- Gain some legal and publication experience 
- Part-time volunteer, 10 hours per week required 
- Fall and Spring Semesters available  
         This is an excellent opportunity to gain valuable experience as a volunteer intern and learn. Build your resume and obtain marketable skills. Volunteers will be also invited to attend our NJ public events plus meet and network with the participants. Volunteers may also attend the ABA New York City meeting of the ABA Estate Planning, Probate & Trust Committee in May, 2019. Participants also may attend the summerThe Annual Summer Networking Happy Hour is July 12, 2019 at Bar Anticipation 
              Editor  Kenneth A. Vercammen, Esq.
       Author of  125 Legal Articles  
Fall & Spring interns are required to work between 10-21 hours per week between Monday and Friday, time and days to be selected by the student. Participants must adhere to days and hours selected and make up missed days. The legal interns must work a minimum of 12 weeks.  Longer hours or weeks permitted. [Summer internship is minimum 18 hours per week, 12 weeks- college graduates and Law students only]  Interested students must mail or fax a cover letter and resume.
        For additional information on the Law Office, please visit the website at www.njlaws.com.   This office is committed to excellence and service to clients and the community. Applicants must  have attention to detail. Additional information on internship at http://www.njlaws.com/intern.html

   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.

Author:Kenneth A VercammenEdison, NJ
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

About the Author: Kenneth A. Vercammen is a trial attorney in Edison, NJ. He is co-chair of the ABA Probate & Estate Planning Law Committee of the American Bar Association Solo Small Firm Division.  The is the author of the ABA book “Wills and Estate Administration, available at http://shop.americanbar.org/.”
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 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, 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.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 
http://www.njwillsprobatelaw.com

Table of Contents ABA’s book “Wills and Estate Administration” 

Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ix
Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xi
PART 1
Preparation for Wills/Estate Planning Interviews . . . . . . . . . . 1
Handling Telephone Calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Initial Responses to Calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Calls from New Clients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Subject Matter of Calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Reminder Calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Telephone Consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Rejected Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Referrals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Estate Planning Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Exhibit 1-1: Will Appointment Cover Letter . . . . . . . . . . 7
Exhibit 1-2: Estate Planning Appointment Cover
Letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Exhibit 1-3: New Client Cover Letter . . . . . . . . . . . . . . 11
Exhibit 1-4: New Client Questionnaire . . . . . . . . . . . . . 12
Exhibit 1-5: Confidential Will Questionnaire . . . . . . . . 14
Exhibit 1-6: Estate Planning Questionnaire . . . . . . . . . . 21
Exhibit 1-7: Power of Attorney Questionnaire . . . . . . . 26
Exhibit 1-8: Will Estate Planning Consult Bill . . . . . . . 29
Exhibit 1-9: Agreement to Provide Estate Planning
Legal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 2
Interviewing Clients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Initial Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Wills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Importance of Wills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Will Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Will Clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
IV Wills and Estate Administration
Preparing Drafts of Estate Planning Documents . . . . . . . . . 40
Guardianship of Children . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Need for Periodic Review . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Cost Reductions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Revisions in Wills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Children from Prior Marriages . . . . . . . . . . . . . . . . . . . . . . . 43
Separated or Divorced Persons . . . . . . . . . . . . . . . . . . . . . . . 44
Gay and Lesbian Clients . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Referring Cases Out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Explaining Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Will Preparation Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Importance of Power of Attorney . . . . . . . . . . . . . . . . . . . . . 50
Gift-Giving Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Going into Effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Living Wills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Statute Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Health Care Representative . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Advance Directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Organ Donor Option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Estate Planning for Alzheimer’s Patients . . . . . . . . . . . . . . . 62
The Missing Client—Be Wary . . . . . . . . . . . . . . . . . . . . . . . . 63
Tax Matters and Credit Shelter Trust Preparations . . . . . . . . . . . 64
What Is a Credit Shelter Trust? . . . . . . . . . . . . . . . . . . . . . . . 65
State Estate Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Document Signings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Wills Signings Outside Office . . . . . . . . . . . . . . . . . . . . . . . . 73
Follow-up after Signing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Newsletter to Clients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Referrals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Uniform Probate Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Exhibit 2-1: Will—Husband to Wife with Trust for
Minor Children and Guardians Selection . . . . . . . . 83
Exhibit 2-2: Will—Widow/Widower Spouse with
Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Exhibit 2-3: Will—Unmarried Couple with No
Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Exhibit 2-4: Will—Basic to Spouse and Children
with No Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Contents v
Exhibit 2-5: Will—Unified Credit Trust to Reduce
Estate Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Exhibit 2-6: Will Revision Services Bill . . . . . . . . . . . . 99
Exhibit 2-7: Codicil to Will . . . . . . . . . . . . . . . . . . . . . . 101
Exhibit 2-8: Will Services Bill . . . . . . . . . . . . . . . . . . . . 105
Exhibit 2-9: General Durable Power of Attorney
Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Exhibit 2-10: Revocation of Previous Wills and
Powers of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . 113
Exhibit 2-11: Living Will and Durable Power of
Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Exhibit 2-12: Power of Attorney Taking Effect . . . . . 119
Exhibit 2-13: Will Draft Letter . . . . . . . . . . . . . . . . . . . 121
Exhibit 2-14: Will Signings Outside Office . . . . . . . . . 123
Exhibit 2-15: Post-Will Signing Letter to Clients . . . . 125
Exhibit 2-16: Client End-of-Case Questionnaire . . . . 128
Exhibit 2-17: Brochure Request Letter . . . . . . . . . . . . 131
Exhibit 2-18: Referral Thank You . . . . . . . . . . . . . . . . 133
PART 3
Additional Estate Planning Issues . . . . . . . . . . . . . . . . . . . . . . 135
Preparation of Letters of Instruction . . . . . . . . . . . . . . . . . . . . . 135
Content of Letters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Confidentiality of Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Practitioner Orders for Life-Sustaining Treatment . . . . . . . 138
Patient Information Disclosure . . . . . . . . . . . . . . . . . . . . . . 138
Prenuptial Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Problems of Probate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Revocable Living Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Transferring Property into the Trust . . . . . . . . . . . . . . . . . . 145
Irrevocable Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Marital Tax Deductions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Special Needs Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Qualified Terminable Interest Property Trust . . . . . . . . . . . 148
Medicaid Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Impact of Divorce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
Medicaid Spend-Down and the Mentally Incompetent . . 151
Long-Term Care Expenses . . . . . . . . . . . . . . . . . . . . . . . . . 151
Questions to Ask about Long-Term Coverage . . . . . . . . . 152
VI Wills and Estate Administration
Signing House Over to Children . . . . . . . . . . . . . . . . . . . . . 153
Providing for Pets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
Unexpected Illness/Disability . . . . . . . . . . . . . . . . . . . . . . . 154
Exhibit 3-1: Letter of Last Instructions . . . . . . . . . . . . 156
Exhibit 3-2: Confidentiality of Files/Requests for
Copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
Exhibit 3-3: Acknowledgment of Receipt of
Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Exhibit 3-4: HIPAA Authorization to Disclose
Patient Information . . . . . . . . . . . . . . . . . . . . . . . . . 165
Exhibit 3-5: Irrevocable Trust [Wife to Husband] . . . 167
PART 4
Estate Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
Filing a Probate Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
Qualifying the Executor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
Probate Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
Inheritance Renunciation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
Assets That Do Not Pass under a Will . . . . . . . . . . . . . . . . . . . . 185
Tax Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
Finalizing the Estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
Testamentary Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
Consulting Fees for Probate Issues . . . . . . . . . . . . . . . . . . . . . . 189
Intestacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
Elective Share of Spouse . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Undue Influence Challenge . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Caveat to Will . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
Removing an Executor of an Estate . . . . . . . . . . . . . . . . . . 199
Complaint for Accounting . . . . . . . . . . . . . . . . . . . . . . . . . . 199
Executor’s Commissions . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
Unsold Real Estate and Other Property . . . . . . . . . . . . . . . 200
Exhibit 4-1: Condolence/Will Revision Letter . . . . . . 202
Exhibit 4-2: Probate/Inheritance/Estate
Administration Questionnaire . . . . . . . . . . . . . . . . 203
Exhibit 4-3: Retainer Cover Letter . . . . . . . . . . . . . . . . 209
Exhibit 4-4: Agreement to Provide Probate Legal
Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
Exhibit 4-5: Executor Duties . . . . . . . . . . . . . . . . . . . . 214
Contents vii
Exhibit 4-6: Notice of Probate . . . . . . . . . . . . . . . . . . . 218
Exhibit 4-7: Certificate of Mailing . . . . . . . . . . . . . . . . 221
Exhibit 4-8: Transfer Inheritance Tax Bureau
Letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
Exhibit 4-9: Release and Refunding Bond
Letter/Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
Exhibit 4-10: Real Estate Waiver Filing . . . . . . . . . . . . 228
Exhibit 4-11: Agreement to Provide Legal
Services—Probate . . . . . . . . . . . . . . . . . . . . . . . . . . 229
Exhibit 4-12: Will/Estate Consultation Bill . . . . . . . . . 231
Exhibit 4-13: Renunciation for Administration . . . . . . 232
Exhibit 4-14: Complaint to Remove Executor,
Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
Exhibit 4-15: Complaint to Replace Executor . . . . . . 245
PART 5
Guardianship of Disabled or Incompetent Parents . . . . . . . 249
Exhibit 5-1: Guardianship Interview Form . . . . . . . . . 252
Exhibit 5-2: Guardianship Legal Services Fees . . . . . 257
Exhibit 5-3: Complaint for Guardianship . . . . . . . . . . 260
Exhibit 5-4: Affidavit of Next of Kin . . . . . . . . . . . . . . 261
Exhibit 5-5: Letters to Doctors to Be Delivered
by Client . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
Exhibit 5-6: Affidavit of Doctor 1 . . . . . . . . . . . . . . . . 263
PART 6
Marketing Your Wills and Estate Administration
Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
Seminars Sponsored by Community Organizations . . . . . . . . 265
Hosting Seminars in Your Office . . . . . . . . . . . . . . . . . . . . . . . . 265
Seminar Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
Seminar Preparation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
American Association of Retired Persons Membership . . . . . 267
Happy Hour Networking with Professionals . . . . . . . . . . . . . . 267
Marketing via Websites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
Setting up a Blog on Wills and Probate for Free . . . . . . . . 268
Gift Certificates for Services . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
Maintaining Client Contact . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
viii Wills and Estate Administration
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
Exhibit 6-1: Sample Letter to Senior Groups . . . . . . . 271
Exhibit 6-2: Confirm Will Seminar . . . . . . . . . . . . . . . . 273
Exhibit 6-3: Sample Flyer for Will Seminar . . . . . . . . 275
Exhibit 6-4: Items to Bring to Wills and Elder Law
Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276
Exhibit 6-5: Law Office Seminar Promotional
Flyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
Exhibit 6-6: Wills and Estate Administration
Seminar Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . 278
About the Author . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279