Ken Vercammen's NJ Laws email newsletter November 28, 2006 E229

In this issue:
1 Recent cases: Threat to Bring in Drug Dog Does Not Invalidate Consent Search
2 911 Call Sometimes Admissible at Trial and Not Hearsay
3. "CONFIDENTIAL WILL QUESTIONNAIRE"
4. Fun, festive upcoming races with party afterwards.
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1 Recent cases: Threat to Bring in Drug Dog Does Not Invalidate Consent Search. State v. Elders 386 NJ Super. 208 (App. Div. 2006)

Although State v. Carty requires a law enforcement officer to have a reasonable suspicion as a prerequisite to seeking consent to search a vehicle -- whether the officer initiated the stop or the driver stopped for other reasons -- the trial court in this case erred by suppressing evidence seized from a disabled vehicle and from several defendants because, under the totality of the circumstances, the State Troopers had reasonable suspicion to justify their request for consent to search the disabled vehicle.
Source: Facts-on-Call Order No. 93059

2 911 Call Sometimes Admissible at Trial and Not Hearsay. Davis v. Washington 126 S. Ct. 2266 (2006)

For Confrontation Clause purposes, witness statements are nontestimonial when the primary purpose of the interrogation in which they are made is to enable police assistance to meet an ongoing emergency; they are testimonial when the primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution. However, if witness is in safe environment, this is testimonial and not excited utterance. Therefore, witness testimony is required. Source: 184 N.J.L.J. 1173
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3. "CONFIDENTIAL WILL QUESTIONNAIRE"
Many Americans spend more time planning their next vacation than planning their entire future. Prepare for the legal issues that may arise for you and your family in your senior years or in death.
To have a Will or Power of Attorney prepared, please fill out the following information completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to meeting with the attorney. Fees for preparation of Wills, Durable Power of Attorney and Living Will are discussed with clients at initial consult.
Please be sure to check all appropriate boxes. If "NONE", please state "NONE". If "NOT APPLICABLE", please state "N/A".
PLEASE PRINT CLEARLY
1. Your Full Name:

______________________________________________________
First Last

2. IF MARRIED OR SEPARATED, complete (a) and (b) below:
(a) Spouse's Full Name:

______________________________________________________
First Last

3. Your Street Address: ____________________________________

City ____________________ State ____ Zip Code ______________

4. Telephone Numbers:

Cell: _____________________________________ ________________________

Day: ____________________/Night: ________________________

5. E-mail address: _______________________________________

6. Referred By: _________________________ 7. Today's Date ____________

If referred by a person, is this a client or attorney? __________________________________

We recommend a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo; Karen Quinlan? Yes ________ No _____

We recommend a Durable Power of Attorney in the event of your physical or mental disability to help you with financial affairs? Yes ________ No ________

How can we help you? What are your questions/other important info?

______________________________________________________________

_______________________________________________________________

_______________________________________________________________
[It is required by New Jersey Court Rules that all pages be filled out in person's own handwriting prior to seeing the attorney]

8. Your Sex: [ ] Male [ ] Female

9. Your Marital Status: [ ] Single [ ] Married [ ] Separated [ ] Divorced [ ] Widowed

10. Your Date of Birth: ___________________ SS # __________________
Month Day Year

11. Spouse Date of Birth: _________________ SS # __________________
Month Day Year
12. If you are the parent or legal guardian of a minor child or minor children, please check here. [ ]

2. ESTATE EXECUTOR
The person charged with administering/Probating your estate, paying taxes and/or other debts, preserving, managing, and distributing estate assets and property is called an Executor. This person should be one in whom you have trust and confidence. Your SPOUSE is usually named as primary Executor, followed by the child who lives closest to you.
Please provide the following information about the person you wish to name to serve in this capacity.
1. PRIMARY Choice of Executor/Personal Representative:

Name: _______________________ _______________________
First Last

Relationship: _______________ Address: ____________________

2. SECOND Choice of Executor:
This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death, or is unable to serve.
Full Name: ___________________________ _________________
First Last

Relationship: _______________ Address: ____________________

The two proposed Executors must be filled out prior to meeting the attorney.

Asset Information- Must Be Completed - If none, write “none”

House/Real Estate Address _______________________________

Estimate Total Real Estate Value: _____________ Approx mortgage _______

Bank Accounts, Stocks, CDs and Assets: ________________________
Approximate Amount _____________________________

Beneficiaries of Bank Accounts (if none write "none") ______________________________

Other Major Assets (if none, write "none"): _______________________________________

Approximate Life Insurance: _____ Beneficiary ____________________

In the Will- Who do you want to get your assets:

Beneficiary (1) _______________________ Relationship _______________

Beneficiary (2) _______________________ Relationship _______________

Beneficiary (3) _______________________ Relationship _______________

[It is required by New Jersey Court Rules that assets and beneficiaries be filled out prior to seeing the attorney]

Any Specific Bequests of Money and Property:
________________________________________________________
______________________________________________________________

[ ] A. MARRIED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN).
Generally most married people provide that, upon their death, property will be distributed as follows:
1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse.
2. If your spouse predeceases you, then your estate will be divided in equal shares among all of your living children, If any child shall predecease you, then that child's share to their children (grandchildren).

Names of Children: _________________ Age: ______

______________________________ Age: ______

______________________________ Age: ______

LIST THE NAMES AND AGES OF ALL CHILDREN EVEN IF THEY ARE OLDER THAN EIGHTEEN. IF NO CHILDREN, WRITE NONE.
III. GUARDIAN(S) OF MINOR CHILD(REN)
[Skip this section if you have NO minor children and DO NOT want a trust. There are substantial additional fees for preparation of a Trust]
The surviving parent of a minor child is ordinarily entitled to be the GUARDIAN of that child. In the case of simultaneous death of you and your spouse, or if you are a single parent, you should appoint a Guardian for your minor child. It is advisable, prior to the completion of this Questionnaire, to make sure that your proposed Guardian(s) is (are) willing to serve as Guardian(s). In addition, the Guardian will also hold the monies for the minor children UNLESS you direct us otherwise. In your Will you can have any adult serve as Trustee of monies for minor children.
Provide the following information about the person(s) you select to be Guardian(s)/Trustee(s). In the event my spouse predeceases me, I name as GUARDIAN(S)/ TRUSTEE(S):

1. PRIMARY Choice of GUARDIAN / TRUSTEE:

Full Name: _______________________________________

Relationship: ______________________________________

2. SECOND Choice of GUARDIAN / TRUSTEE:

Full Name: _______________________________________

Relationship: _____________________________________

Are there any beneficiaries with special needs, or receiving SSI or SDD? Please answer in detail
________________________________________

[ ] B. MARRIED PERSONS WITH NO CHILD(REN) OR GRANDCHILD(REN).
Generally most married people with no child(ren) or grandchild(ren) provide that upon their death their property will be distributed as follows:
1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse, but
2. If your spouse predeceases you, then your estate will be distributed to your living parent, or equally to your living parents.
3. But should both of your parents predecease you, then your estate will distributed equally to your brothers and sisters or equally to the children of a predeceased brother or sister.
Please check B above only if you wish your property distributed precisely and exactly as indicated in section B, 1 through 3, above.
Additional information on Wills, Probate and Elder Law available at www.njlaws.com

[ ] C. DIVORCED OR WIDOWED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN). Generally, most divorced or widowed persons with child(ren) or grandchild(ren) provide that upon their death property will be distributed as follows: 1. Your estate (all property and assets not owned jointly with another person) will be distributed in equal shares to all of your living child(ren).
2. But if one or more of your children predeceases you, that deceased child's share will be distributed to his or her child(ren), your grandchild(ren) in equal shares

[ ] D. ALTERNATE PLAN OF DISTRIBUTION - You may list specific gifts to individuals and/or divide your estate among several individuals by listing percentages to each, making sure that the percentages total 100%. You may add additional sheets if necessary or use the back of this form. There are additional Will preparation fees if there are gifts, called specific bequests.
PLEASE WRITE DOWN ANY QUESTIONS YOU HAVE HERE or anything else important that we should be aware. Use back of this page for additional important information:

_______________________________________________________________
_______________________________________________________________
ESTATE PLANNING
Your estate may be subject to Federal Estate Taxation if the total of your assets exceeds $2,000,000. If your assets exceed $2,000,000 and you desire estate planning to avoid or reduce your estate tax or require a Trust to protect a spouse, please advise Mr. Vercammen. A Standard Will is not designed to address estate tax issues. We do not do Tax Planning or Medicaid Planning.

WILLS:
T 1- Parents with minor children and trust for children ____________
T 2- Parents no spouse ____________
T 3- Unmarried ____________
T 4- Parents without trust ____________
T 5- Unified Credit Trust over $1 million? ____________

PAYMENT WILL BE MADE BY: (Please circle one)
Check, Credit Card (Visa, Mastercard, American Express) or Cash
Payment is required for Will, Power of Attorney and other document preparation at the first consult and prior to any documents being drafted. We charge a $100.00 consultation fee, which is credited to the preparation of the Will or other document. This $150.00 fee is non-refundable even if the documents are not prepared. If there are any changes to a draft Will, Power of Attorney, or other document, there will be a minimum charge of $75.00 per revision. The Will needs to be signed within 21 days of initial consult or an additional fee of $100.00 will be charged. This form was filled out by:

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4. Fun, festive upcoming races with party afterwards. Car pool from East Brunswick area needed. Call Ken Vercammen 732-261-4005

Dec 3 Reindeer Romp, 5k Pt. Pleasant plenty of post race food, discount drinks

12/30 43rd Annual Polar Bear Race 5mi Run, 1pm, 10mi Racewalk, 10am Asbury Park, NJ 732-222-9080 Free Polar Plunge swim in Atlantic Ocean after race.

Kenneth Vercammen
3rd Degree Black Belt
Tae Kwon Do
Criminal and Civil Trial Attorney

The Black Belt of Trial Law

The toughest fight of your life needs a tough fighter.

All inquiries are confidential.
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New- Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.

"Celebrating more than 20 years of providing excellent service to clients 1985-2006" Former Prosecutor
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Editor's Note and Disclaimer: All materials Copyright 2006. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030

website: www.njlaws.com