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Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs
      

2053 Woodbridge Ave.
Edison NJ 08817
732-572-0500
1-800-655-2977
Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
Toll Free 800-655-2977

 

NJ Laws Email Newsletter E265
NJ Laws Email Newsletter E265
Kenneth Vercammen, Attorney at Law

January 3, 2008

In This Issue
_______________

1. Happy New Year!

2. FREEZING COLD HASH RUN: details and free T shirts and fun for volunteers.

3. New Year's Resolution- Put your estate planning in order.

4. Recent cases. After DV and Firearm Seized. No Firearm Purchaser Card Can Issue.

5. Local Ordinance Can Prohibit Rat Balloon.

6. Qualified Disability Trust.

__________________________________________________________________________
Greetings.

1. Happy New Year

I would like to thank my friends for another banner year in 2007. This year was our single best year for referrals. So many of you were kind enough to tell others about our services.

Since 1985, I have helped individuals and businesses with legal matters. With changing laws, it is important that your estate planning documents are updated to reflect your most valuable investments. As you know, all business must grow, and one of the safest ways to grow is to get referrals from satisfied clients.

Thank you for referring friends and family.

May 2008 bring happiness and good health to you and those you love.

2. FREEZING COLD HASH RUN: details and free T shirts and fun for volunteers. Sat. Jan. 5, 2008 10:00am

4-6 MILE GROUP RUN

START: Ken Vercammen Law Office, 2053 Woodbridge Ave., Edison, NJ 08817 [near the Nixon Post Office]

COST: NO FEE TO RUN. Please bring a canned food donation for the St. James Food Bank. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense of humor is a must.

Wear Yellow. We need 3 volunteers to help set up at 8am and pass out trail running instructions. You can volunteer even if you are not running. Free Yellow T-Shirt and beers for volunteers!

www.njlaws.com/FREEZING_COLD_HASH_RUN.htm

PLEASE PASS THIS ALONG TO OTHER RUNNERS.

PLEASE REMIND THEM OF CANNED FOOD DONATIONS TO THE ST. JAMES FOOD BANK.

3. New Year's Resolution - Put your estate planning in order.

You need a Power of Attorney and Living Will/ Advance Directive. Modern medicine and machinery can keep a person alive for long periods of time.

Unfortunately, a person is often kept alive in great pain or under circumstances that render him or her unconscious as to everything around them, while causing pain and anguish to the family.

Our state has passed a "Living Will" law, often called a "Death with Dignity" law, which allows a person to direct that heroic measures not be taken to prolong life in these unhappy situations.

This "Living Will" is not a substitute for a regular Will, which affects property rights. The "Living Will" is an independent document to be signed in addition to your regular Will.

Please let us know if you want a Living Will/ Advance Directive prepared.


4. Recent cases. After DV and Firearm Seized. No Firearm Purchaser Card Can Issue. M.S. v. Millburn Police Department 395 NJ Super. 638 (App. Div. 2007)

The prohibition set by N.J.S.A. 2C:58-3c(8) that a Firearms Purchase Identification card shall not be issued "[t]o any person whose firearm is seized pursuant to the 'Prevention of Domestic Violence Act of 1991'...and whose firearm has not been returned," survives even if, as in the case here, the domestic violence restraining order is vacated.

5. Local Ordinance Can Prohibit Rat Balloon. State v. DeAngelo ___ NJ Super. ___ (App. Div. Decided June 28, 2007) A-4229-05T3.


The focus of this appeal is the enforceability of a municipal ordinance that prevents the display of a large balloon in the shape of a rat during a labor dispute. The court held that the ordinance, which does not affect the parties' rights in the labor dispute, is not preempted by the National Labor Relations, Act (NLRA) 29 U.S.C.A. §151-69, nor does it abridge any party's freedom of expression. The ordinance is not void for vagueness. It is content-neutral and the record does not support a claim that it was selectively inferred.

Judge Sabatino dissents in part. He perceives a lack of content neutrality in the ordinance because it allows balloon grand opening signs.

6. QUALIFIED DISABILITY TRUST

By Thomas D. Begley, Jr., Esquire c (2008)

Introduction

A Qualified Disability Trust is a form of Special Needs Trust that allows the trust to take advantage of a personal exemption for income tax purposes. The trust must meet the requirements set forth in the Internal Revenue Code and the trust must be designed to meet the requirements of 42 U.S.C. §1396p(c)(2)(B)(iv).

A Qualified Disability Trust must be a non-grantor trust.

A Self-Settled Special Needs Trust is always a grantor trust.

A Qualified Disability Trust must be a third party trust.

Qualified Disability Trust Requirements

To satisfy the requirements of the Code a Qualified Disability Trust must be an:

· irrevocable trust
· established "solely for the benefit of"
· an individual under age 65
· who is disabled as defined in the Social Security Act 42 U.S.C. §1382c(a)(3).
The "sole benefit" requirement is met only if no other person or entity can benefit from the transferred resources at the time of the transfer or for the remainder of that person's life. The sole benefit of requirement cannot be met unless the trust is irrevocable.

The disability test is met if the beneficiary is disabled for some portion of the tax year for which the exemption is claimed. However, there must be a determination of disability by SSA.

Personal Exemption

A Qualified Disability Trust is allowed a deduction equal to the personal exemption.

A Qualified Disability Trust is defined as any trust if:

· The trust is a disability trust described in 42 U.S.C. §1396p(c)(2)(B)(iv) discussed above and all of the beneficiaries of the trust as the close of the taxable year are determined by SSA to have been disabled within the meaning of 42 U.S.C. §1382c(e)(3) for some portion of such year.

The trust does not fail to meet the requirement that all beneficiaries must be disabled merely because the corpus of the trust may revert to a person who is not so disabled after the trust ceases to have any beneficiary who is disabled.

Effect of a Qualified Disability Trust

Generally, a trustee must file an income tax return for a trust that has:

· any taxable income for the year;
· gross income of $600 or more; or
· a beneficiary who is a non-resident alien.

A Qualified Disability Trust is granted a personal exemption by the I.R.S. Net income retained by the trust up to the amount of the personal exemption is not taxed. The trust pays income tax on any retained income in excess of the personal exemption amount. The personal exemption amount is determined as follows:

· If the trust is required to or actually distributes all of its income, the personal exemption is $300
· If the trust accumulates income, the personal exemption is $100.
· The Qualified Disability Trust receive a personal exemption in the same amount as an individual. For 2007, that amount is $3,400.10.

The ability of the trust to use the personal exemption is significant because trust marginal income tax bracket rise steeply. For 2007, a trust pays tax at the marginal federal rate of 35% on net income over $10,450.

To the extent that income is distributed from the trust, it is taxable to the beneficiary at the beneficiary's lower income tax rate. A Qualified Disability Trust enables the trust to retain some income and have it offset by the trust personal exemption.

The ability to retain income in the special needs trust makes it an attractive tax advantaged savings vehicle. If the accumulated tax-free income is distributed in the later year, it will be a tax-free principal distribution.

Whether capital gains income is considered income for trust accounting purposes is left to the discretion of the trustee. The only restriction is that the trustee must be consistent from year to year.

Begley & Bookbinder, P.C. is an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law Seminar and co-author with Kenneth Vercammen, Martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.

Thank you for reading our newsletter! God Bless America USA #1

Our updated law blogs:

NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/

NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/

NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/

NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/

NJ Elder Law Blog -http://elder-law.blogspot.com/

NJ Drug Law Blog - http://drugarrest.blogspot.com/

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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor

This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.

Free T- shirts and soda can holders available for all current and past clients. Please come into office.

Editor's Note and Disclaimer:

All materials Copyright 2007. 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

Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court

 
 
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       Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

       In direct contrast to the hard-hitting approach we take toward the insurance companies is the “soft” approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

       Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

       If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

       Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.

       When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you don’t protect your rights, you may not be able to make a claim.

       Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

       You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced personal injury lawyer can make the difference between getting what you deserve and getting nothing.

       Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

       I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

       Reduce the stress of making a claim.

       Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

       p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- “For Settlement Only” -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

       We handle personal injury cases on a contingency fee basis.

This means:
YOU DON’T OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU.

Call our office to schedule a "confidential" appointment 732-572-0500

       Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appears in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.

       Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues 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 is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

       Admitted In NJ, NY, PA, US Supreme Court and Federal District Court.

Contact the Law Office of
 Kenneth Vercammen & Associates, P.C.
 at 732-572-0500
for an appointment.

       The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.

Ken Vercammen articles.

Ken Vercammen's Resume
Directions to Ken Vercammen and Associates




 

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Last Revised August 15, 2008

© 2008 Kenneth Vercammen & Associates, P.C.