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Kenneth Albert Vercammen

Kenneth Vercammen’s Answers

221 total

  • [NJ] Can a 401k be used to pay off an estate's debts?

    State is New Jersey. My deceased parent had a 401k which named myself and sibling each as 50% beneficiaries. My deceased parent owned a home under mortgage which was 90% paid off, but is now pending a foreclosure sale. Can the 401k be used to p...

    Kenneth’s Answer

    you can use your portion of 401k to pay mortgage. get permission of other beni to contribute to mortgage

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  • Will I violate my Probation? Arrested for 2C:18-3A, A Disorderly Persons Offense. On probation for CDS (Heroin) + (Cocaine)

    My friend and myself entered a school through an opened door, which we did not have permission. We encountered a person while exiting and asked if they lived nearby and could call the police regarding the school and she complied. Upon arriving hom...

    Kenneth’s Answer

    2C:36A-1 Conditional Discharge states in part: Upon violation of a term or condition of supervisory treatment the court may enter a judgment of conviction and proceed as otherwise provided, or where there has been no plea of guilty or finding of guilty, resume proceedings. Upon fulfillment of the terms and conditions of supervisory treatment the court shall terminate the supervisory treatment and dismiss the proceedings against him. Termination of supervisory treatment and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities, if any, imposed by law upon conviction of a crime or disorderly persons offense but shall be reported by the clerk of the court to the State Bureau of Identification criminal history record information files. Termination of supervisory treatment and dismissal under this section may occur only once with respect to any person.
    If terminated from Probation, they face the original charges.

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  • What does 2C :20 - 11B (1)

    I was resently charges with shoplifting 2C : 20 - 11C (3)in monmouth county I just received a letter stating my case was sent back to municipal court and downgraded to 2C : 20 - 11B (1). Does this still hold jail time. And what will they most lik...

    Kenneth’s Answer

    The state must prove the Defendant had the “knowing” intent to commit a criminal act in a shoplifting case.
    The defendant was not aware that there was a criminal act being committed.
    NJSA 2C: 4-2. Evidence of mental disease or defect admissible when relevant to element of the offense.

    Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did not have a state of mind, which is an element of the offense. In the absence of such evidence, it may be presumed that the defendant had no mental disease or defect, which would negate a state of mind, which is an element of the offense.

    The NJ Model Jury charges set forth the elements of SHOPLIFTING [CONCEALMENT]
    (N.J.S.A. 2C: 20-11b(2))

    The statute provides in pertinent part that it is a crime for:
    any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.
    In order for the finder of fact to find the defendant guilty of shoplifting, the State must prove each of the following elements beyond a reasonable doubt:
    1. that defendant purposely concealed upon his person or otherwise any merchandise offered for sale by (name of commercial establishment);
    2. that (name of commercial establishment) was a store or other retail mercantile establishment; and
    3. that defendant did so with the purpose of depriving the merchant of the processes, use, or benefit of such merchandise [OR of converting such merchandise to his/her use] without paying the merchant the value thereof.

    The first element that the State must prove beyond a reasonable doubt is that defendant purposely concealed upon his person or otherwise any merchandise offered for sale by any store or other retail establishment. The term “conceal” means to conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation.1 The term “merchandise” means any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof.2
    A person acts purposely with respect to the nature of his or her conduct or a result of his conduct if it is the person's conscious object to engage in conduct of that nature or to cause such a result. That is, a person acts purposely if he or she means to act in a certain way or to cause a certain result. A person acts purposely with respect to attendant circumstances if the person is aware of the existence of such circumstances or believes or hopes that they exist.3

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  • Plea Guilty?

    Should I plea guilty to my charges? Criminal offense but no jail time. What will happen I plea not guilty? I only need to pay a fine? It's in the municipal court

    Kenneth’s Answer

    even in Municipal court Consequences of a Criminal conviction
    1 You will have a criminal record
    2 You may have probation
    3. You will have to pay Fines and Court Costs.
    4. When you are on Probation or Parole, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.
    5. You must wait 5-10 years to expunge a first offense. 2C:52-3
    6. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your driver's license for 6 months - 2years.
    7 You could be put on Probation for up to five years.
    8.. You may be required to do Community Service.
    9 You lose the presumption against incarceration in future cases. 2C:44-10 You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
    11. Future employers may not hire you because you have a criminal record. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty and may be barred from any future city, state, federal or school employment
    12. If you are not a United States citizen or national, you may be removed/deported by virtue of your plea of guilty or prevented from citizenship.
    13. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s) in front of a crowded room of people and the records are open to the public.

    The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.

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  • Should I get a lawyer if I was left money from my mother passing away but was never told how much or where it is?

    My mother passed away 12 yrs ago and left me money and estates but I was not to touch any of it until I turned the age of 25. The money was left to me under my mom's sister supervision/control but she has never told me anything about the money or ...

    Kenneth’s Answer

    hire attorney to file Order to show cause and request for accounting of trust assets.
    A Complaint for Accounting is filed with the Probate Part to request on accounting, removal of the current executor and selection of a new person to administer and wrap up the estate.
    A signed certification of one or more beneficiaries is needed. In addition, an Order to Show Cause is prepared by your attorney. The Order to Show Cause is to be signed by the Judge directing the executor, through their attorney, to file a written answer to the complaint, as well as appear before the court at a specific date and time.
    As with a litigated court matter, trials can become expensive. Competent elder law/probate attorney may charge an hourly rate of $300-$450 per hour, with a retainer of $4000 needed. Attorneys will require the full retainer to be paid in full up front. We charge a consult fee of $200 to discuss the case.
    The plaintiff can demand the following:
    (1) That the named executor be ordered to provide an accounting of the estate to plaintiff.
    (2) Defendant, be ordered to provide an accounting for all assets of d1 dated five years prior to death.
    (3) Payment of plaintiff's attorney's fees and costs of suit for the within action.
    (4) Declaring a constructive trust of the assets of the decedent for the benefit of the plaintiff and the estate.
    (5) That the executor be removed as the executor/administrator of the estate and that someone else be named as administrator of the estate.
    (6) That the executor be barred from spending any estate funds, be barred from paying any bills, be barred from taking a commission, be barred from writing checks, be barred from acting on behalf of the estate, except as specifically authorized by Superior Court Order or written consent by the plaintiff.
    Executors are entitled to receive a commission to compensate them for work performed. Under NJSA 3B:18-1 et seq., Executors, administrators and other fiduciaries are entitled to receive a commission on both the principal of the estate, and the income earned by assets.
    However, if you have evidence that the executor has breached their fiduciary duties or violated a law, your Superior Court accounting complaint can request that the commissions be reduced or eliminated.

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  • If you require ignition interlock can you only drive a car with interlock installed while you are serving your permit period?

    I am required to ignition interlock in my vehicle which I have installed. As I did not have a license for nearly 10 years I had to retake my written and road test to restore my license. I have passed the written test and now I have driving permit....

    Kenneth’s Answer

    Third DUI offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration
    If the court sentences you to get an interlock device, you will receive a notice of suspension from MVC with instructions on how to obtain the device. IMPORTANT NOTE: Failure to have an ignition interlock installed when ordered by a judge could result in an additional one year driving privilege suspension.

    Approved list of ignition interlock manufacturers
    Ignition interlock manufacturers have installation locations throughout New Jersey. When selecting an ignition interlock provider, consider the installation and monitoring fees and installation center site convenience.
    Company Contact/Website

    1A Smart Start, Inc.
    4950 Plaza Drive
    Irving, TX 75063 (800) 880-3394
    10520 Hickman Road Ste F
    Des Moines ,IA 50325 (877) 777-5020
    Alcohol Detection Systems
    1718 Belmont Avenue Suite E
    Baltimore, MD 21244 1-888-STOP-DUI (888-786-7384)
    Guardian Interlock Systems
    228 Church St.
    Marietta, GA 30060 (800) 499-0994
    Draeger Safety Diagnostics
    4040 W Royal Lane Suite 136
    Irving, TX 75063 (856) 753- 9700
    (800) 970-1002
    Best Labs
    7301 West Blvd Suite A1
    Boardman, OH 44512 (800) 219-9936
    4290 Glendale Milford Road
    Cincinnati, OH 45242-3704 (800) 475-7151


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  • How much time in jail am i lookin at?

    i got caught with 78 zanax and 2 grams of weed n a pipe

    Kenneth’s Answer

    Indictable Criminal Penalties [Felony type] [ Superior Court]
    Jail potential Fine max Probation
    1st degree 10- 20 years $200,000 [presumption of jail]
    2nd degree 5-10 years $150,000 [presumption of jail]
    3rd degree 3- 5 years $15,000 1 year- 5 year
    4th degree 0- 18 months $10,000 1 year- 5 year

    There are many other penalties that the court must impose in criminal case.

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  • For purposes of probating a will, how is a person's domicile determined?

    My dad was living in his house in New Jersey until he suffered a fall. He was then admitted to a nursing home in Pennsylvania on a permanent basis. Four months after being admitted to the nursing home, he passed away. For purposes of probating ...

    Kenneth’s Answer

    read 54A:1-2
    m."Resident taxpayer" means an individual:

    1.Who is domiciled in this State, unless he maintains no permanent place of abode in this State, maintains a permanent place of abode elsewhere, and spends in the aggregate no more than 30 days of the taxable year in this State; or

    2.Who is not domiciled in this State but maintains a permanent place of abode in this State and spends in the aggregate more than 183 days of the taxable year in this State, unless such individual is in the Armed Forces of the United States.

    n."Nonresident taxpayer" means a taxpayer who is not a resident.

    o.Resident estate or trust. A resident estate or trust means:

    (1)The estate of a decedent who at his death was domiciled in this State,

    (2)A trust, or a portion of a trust, consisting of property transferred by will of a decedent who at his death was domiciled in this State, or

    (3)A trust, or portion of a trust, consisting of the property of:

    (a)A person domiciled in this State at the time such property was transferred to the trust, if such trust or portion of a trust was then irrevocable, or if it was then revocable and has not subsequently become irrevocable; or

    (b)A person domiciled in this State at the time such trust, or portion of a trust, became irrevocable, if it was revocable when such property was transferred to the trust but has subsequently become irrevocable.

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  • This is very serious question, My brother was very ill, he had liver problems, leg problems and so forth. We had a falling out

    2 years ago, In 2013 he had his will made and left everything to his neighbor who did help him. October 2013 my brother did not want to live any longer, with the neighbors help stopped all of his pain medications and other pill to keep him alive....

    Kenneth’s Answer

    • Selected as best answer

    4:85-1. Complaint; Time for Filing
    If a will has been probated by the Surrogate's Court or letters testamentary or of administration, guardianship or trusteeship have been issued, any person aggrieved by that action may, upon the filing of a complaint setting forth the basis for the relief sought, obtain an order requiring the personal representative, guardian or trustee to show cause why the probate should not be set aside or modified or the grant of letters of appointment vacated, provided, however, the complaint is filed within four months after probate or of the grant of letters of appointment, as the case may be, or if the aggrieved person resided outside this State at the time of the grant of probate or grant of letters, within six months thereafter. If relief, however, is sought based upon R. 4:50-1(d), (e) or (f) or R. 4:50-3 (fraud upon the court) the complaint shall be filed within a reasonable time under the circumstances. The complaint and order to show cause shall be served as provided by R. 4:67-3. Other persons in interest may, on their own motion, apply to intervene in the action.

    Note: Source-R.R. 4:99-6(a) (b), 5:3-4(a) (b), 5:3-5(a). Former R. 4:80-7 deleted and new R. 4:85-1 adopted June 29, 1990 to be effective September 4, 1990.

    4:85-2. Enlargement of Time

    The time periods prescribed by R. 4:85-1 may be extended for a period not exceeding 30 days by order of the court upon a showing of good cause and the absence of prejudice.

    Note: Source-R.R. 1:27B(d). Former R. 4:80-7(d) deleted and new R. 4:85-2 adopted June 29, 1990 to be effective September 4, 1990.

    4:85-3. After-Discovered Will

    (a) Order to Show Cause. Where administration has been granted and subsequently a will is offered for probate or where probate of a will has been granted and subsequently a later will is offered for probate, the person offering such will may, upon the filing of a complaint, move without notice for an order requiring all interested persons to show cause why probate of such will should not be granted. The complaint shall be filed in the county where the original administration or probate was granted. If, on the return date or thereafter, new probate is granted, the court shall require the administrator or prior executor to make final settlement of his or her account and thereafter shall make such order respecting commissions as is appropriate.

    (b) Probate by Surrogate. If, on the return date of the order to show cause, there is no objection to the offering of the after-discovered will for probate, the Surrogate may enter an order that it be lodged for probate and thereafter proceed with probate unless a caveat has been filed or doubt arises from the face of the will.

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  • No will and sibling mentally incapable of administering. What to do?

    My sister passed after a long illness and with no will. I was entrusted by her to carry out select financial work towards the end. This was done through letters specific to the transactions and not though a general letter giving me power of at...

    Kenneth’s Answer

    If no will and brother will not sign renunciation, proposed administrator would have to file a complaint and order to show cause in superior court. As a matter of law, the family members of the deceased have the first right to serve as the Administrator, in the following order of preference: spouse, children, parents, brothers and sisters. Should no family member seek appointment, then a creditor or anyone else may do so. A person who renounces the right to serve as Administrator may do so without disclaiming the right to receive any of the deceased's assets. (In contrast, by having a will, a person can choose the individual(s) he/she wishes to take charge and distribute his/her estate's assets (the "Executor(s)"). Source: See
    Once the above-described five items have been received, the Surrogate will appoint the applicant as the Administrator of the intestate estate. In most cases, the Administrator must be bonded until the estate has been properly assembled and distributed. This bonding fee is in addition to the $150-250 in average fees paid by the person seeking to be approved as Administrator. Bonding is required to protect the creditors and beneficiaries of the estate from the possibility that the Administrator will misuse his/her authority to their financial detriment.

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