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Kenneth Albert Vercammen

Kenneth Vercammen’s Answers

456 total


  • Will I pay a tremendous amount of fines for being arrested with marijuana ? Will my license be suspended or face jail time?

    I was arrested at 17 for paraphanelia. They put me through some juvenile corrections program. I finished that in June. Just recently, I was arrested for possession of marijuana. Will it count as a second offense, and what would the outcome most li...

    Kenneth’s Answer

    Disorderly- fines: 2C: 43- 3 $1,000 Fine maximum

    There are many other penalties that the court must impose in criminal cases. There are dozens of other penalties a court can impose, depending on the type of matter.
    Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, mandatory 6 month- 2 year loss of license, Probation, drug testing and other penalties. If attorney's Conditional Discharge motion is granted for first time offender. penalty can be reduced

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  • Why did i get 3 points for a first offense cell phone ticket.. I had 2 points on 11/2014 and 2 pts 11/2015..

    I was going to trial for the cell phone ticket and on the day of the trial i talked to the prosecutor how said i had no chance of winning so i plead guilty and i have to pay the 200 $.. I just dont understand why i was given 3 points

    Kenneth’s Answer

    3rd Cell phone use includes possible 90-day loss of license

    Starting back on July 1, 2014, the fines for talking or texting on a hand-held wireless communications device were increased. More details at http://www.njlaws.com/39_4-97_3cellphone.htm

    39:4-97.3 d. A person who violates this section shall be fined as follows:

    (1) for a first offense, not less than $200 or more than $400 plus court costs and possible court appearance;

    (2) for a second offense, not less than $400 or more than $600 plus court costs; and

    (3) for a third or subsequent offense, not less than $600 or more than $800 plus court costs .

    For a third or subsequent violation, the court, in its discretion, may order the person to forfeit the right to operate a motor vehicle over the highways of this State for a period of 90 days. In addition, a person convicted of a third or subsequent violation shall be assessed three motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

    A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.
    A person can hire an attorney to negotiate no loss of license on a 3rd offense. It is not cost effective to hire an attorney on the first or 2nd offense.

    The full statute is below
    39:4-97.3 Use of wireless telephone, electronic communication device in moving vehicles; definitions; enforcement.

    1. a. The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. For the purposes of this section, an "electronic communication device" shall not include an amateur radio.

    Nothing in P.L.2003, c.310 (C.39:4-97.3 et seq.) shall apply to the use of a citizen's band radio or two-way radio by an operator of a moving commercial motor vehicle or authorized emergency vehicle on a public road or highway.

    b. The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:

    (1) The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or

    (2) The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.

    As used in this act:

    "Citizen's band radio" means a mobile communication device designed to allow for the transmission and receipt of radio communications on frequencies allocated for citizen's band radio service use.
    ....

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  • What to Do if the Prosecutor is Mistaken (or possibly just lied) About the Points on Traffic Ticket You Will Receive?

    The move over law basically states that if you pass an emergency vehicle that is pulled over, you have to either attempt to change lanes or if a lane change is impossible that you slow down. I got a ticket for this on my way to the hospital for a ...

    Kenneth’s Answer

    The following are MVC points for NJ Motor Vehicle violations.

    VIOLATION POINTS
    27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 2
    27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 4
    27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 2
    39:3-29 Operating Constructor vehicle in excess of 30 mph 3
    39:4-14.3 Operating motorized bicycle on restricted highway 2
    39:4-14.3d More than 1 person on a motorized bicycle. 2
    39:4-35 Failure to yield to pedestrian in crosswalk 2
    39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk 2
    39:4-41 Driving through safety zone. 2
    39:4-52 Racing on Highway 5
    39:4-55 Improper action or omission on grades and curves 2
    39:4-57 Failure to observe directions of officer. 2
    39:4-66 Failure to stop before crossing sidewalk 2
    39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway 2
    39:4-66.2 Driving on private property to avoid traffic signal or stop sign 2
    39:4-71 Improper driving on sidewalk 2
    39:4-80 Failure to obey direction of officer 2
    39:4-81 Failure to observe traffic signal 2
    39:4-82 Failure to keep right 2
    39:4-82.1 Improper operating of vehicle on divided highway or divider 2
    39:4-83 Failure to keep right at intersection 2
    39:4-84 Failure to pass right of vehicle proceeding in opposite direction 5
    39:4-85 Improper passing on right or off roadway 4
    39:4-85.1 Wrong way on one-way street 2
    39:4-86 Improper passing, in "No Passing" zone 4
    39:4-87 Failure to yield to overtake vehicle 2
    39:4-88 Failure to observe traffic lanes 2
    39:4-89 Tailgating 5
    39:4-90 Failure to yield at intersection 2
    39:4-90.1 Failure to use proper entrances to limited access highway 2
    39:4-91 Failure to yield to emergency vehicle 2

    39:4–91–92 Failure to yield to emergency vehicles 2 2

    39:4-96 Reckless driving 5 2
    39:4-97 Careless driving 2
    39:4-97a Destruction of agricultural or recreational property 2

    39:4-97.2 3rd offense 4 points
    39:4-97.1 Slow speed blocking traffic

    2
    39:4-98 or Speeding up to 14mph above limit 2
    39:4-99 Speeding 15-29 mph above limit 4
    Speeding 30 mph or more above limit 5
    39:4-105 Failure to stop at traffic light 2
    39:4-115 Improper turn at traffic light 3
    39:4-119 Failure to stop at flashing red signal 2
    39:4-122 Failure to stop for police whistle 2
    39:4-123 Improper right or left turn 3
    39:4-124 Improper turn: from approved turning course 3
    39:4-125 Improper u-turn 3
    39:4-126 Failure to give proper signal 2
    39:4-127 Improper backing or turn in street 2
    39:4-127.1 Improper crossing of railroad grade crossing 2
    39:4-127.2 Improper crossing of bridge 2
    39:4-128 Improper crossing of railroad grade crossing by certain vehicles 2
    39:4-128.1 Improper passing of school bus 5
    39:4-128.4 Improper passing of frozen dessert truck 4
    39:4-129 Leaving scene of accident- No injuries 2
    39:4-129 Personal Injury 8
    39:4-144 Failure to observe of stop or yield signs 2
    39:5D-4 Moving violation out-of-state 2
    KENNETH VERCAMMEN & ASSOCIATES, PC
    ATTORNEY AT LAW
    2053 Woodbridge Ave.
    Edison, NJ 08817
    732-572-0500

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  • Is this actionable?

    My sister and I are executors of our fathers will; our father is still alive but sadly not for long. She has power of attorney. She told me on the phone that she is giving money of my fathers' out of his cash assets to others who are not listed a...

    Kenneth’s Answer

    The New Jersey Supreme Court has described the elements of a claim for breach of fiduciary duty as follows:
    The essence of a fiduciary relationship is that one party places trust and confidence in another who is in a dominant or superior position. A fiduciary relationship arises between two persons when one person is under a duty to act for or give advice for the benefit of another on matters within the scope of their relationship. Restatement (Second) of Torts§ 874 cmt. a (1979) . . . . The fiduciary’s obligations to the dependent party include a duty of loyalty and a duty to exercise reasonable skill and care. Restatement (Second) of Trusts §§ 170, 174 (1959). Accordingly, the fiduciary is liable for harm resulting from a breach of the duties imposed by the existence of such a relationship. Restatement (Second) of Torts § 874 (1979).
    [McKelvey v. Pierce, 173 N.J. 26, 57 (2002) (quoting F.G. v. MacDonell, 150 N.J. 550, 563-64 (1997)).]
    Financial exploitation of older persons, including the systematic depletion of bank accounts or other resources for the benefit of the abuser, has been tagged the "crime of the 90s."' The number of financial exploitation cases will only continue to rise as the population continues to age. Despite the increase in financial abuse cases, law enforcement officials remain reluctant to pursue perpetrators of abuse, traditionally viewing the situation as a family matter best resolved by civil litigation.
    Because an agent owes a fiduciary duty to his or her principal, a cause of action for breach of that fiduciary duty may redress a wide variety of aberrant conduct by an agent. An agent is required to act for the advancement of the interests of the principal. The agents may not serve or acquire any private interest of his or her own that is adverse to the interests of the principal without the principal's consent. The duty of the agent to the principal is one of utmost good faith and loyalty. Furthermore, agents, as fiduciaries, are required to make full disclosure to their principals of all information material to a transaction. 
An agent that breaches his or her fiduciary duty may be liable in tort. All of the traditional tort damages are available, including punitive damages where conduct is wanton or willful. An agent who is dishonest may also forfeit his or her right to compensation for those duties.

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  • I'm confused as to what information I have a legal right to after my mom's death, as I am named as a beneficiary.

    My Mom passed away one year ago. My sister and I are the beneficiaries named in the will. She is listed as the executor of the estate, which includes my Mom's house.I have a copy of the will, but it says very little, except that she shall " ...hav...

    Kenneth’s Answer

    In New Jersey, the court and Surrogate do not supervise how an Executor or Administrator handles the estate. Unfortunately, the Executor occasionally fails to timely carry out their duties. They may fail to file tax returns, fail to keep records, misappropriate funds or ignore instructions under the Will. If you are not satisfied with the Executor’s handling of the estate, you can have an attorney file a Complaint in the Superior Court.
    COMPLAINT FOR ACCOUNTING
    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.
    EXECUTOR'S COMMISSIONS
    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.
    SALE OF REAL ESTATE AND OTHER PROPERTY
    Occasionally, a family member is living in a home owned by the decedent. To keep family harmony, often this family member is permitted to remain in the home temporarily. However, it may later become clear that the resident has no desire on moving, and the executor has neither an intention to make them move nor to sell the house. The remedy a beneficiary has can be to have your attorney include in the Superior Court complaint a count to
    1) remove the executor
    2) remove the tenant and make them pay rent to the estate for the time they used the real property since death without paying rent
    3) compel the appraisal of the home and, thereafter, the sale of the property
    4) make the executor reimburse the estate for the neglect or waste of assets.

    The New Probate Statute of NJ revised various sections of the New Jersey law on Wills and estates. law makes a number of substantial changes to the provisions governing the administration of estates and trusts in New.

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  • Does all the money received from selling a deceased person's possessions have to go into the estate?

    I sold a lot of my deceased brother's art work and antiques in auction. I just received a check for the proceeds. Does that money have to go into the estate bank account or can I use some of it to pay bills?

    Kenneth’s Answer

    • Selected as best answer

    Generally, the Executor should open an estate checking account which can be used to receive and disburse funds. Th
    How the Executor under the Will can obtain a tax ID number for the Estate. Also to be used by Administrator of Estate where there is no Will.
    The decedent and their estate are separate taxable entities. The Executor will need to obtain a tax ID number for the estate from the IRS. If no Will, the Executor duties are handled by the Administrator. An estate’s tax ID number is called an “employer identification number,” or EIN, and comes in the format 12-345678X. The Executor can apply online for this number. The ITS calls it the Employer Identification Number (EIN) even though there is no employer.

    EIN
    An Employer Identification Number (EIN) is also known as a federal tax identification number. It is also used by the IRS for estates and trusts. The EIN number is needed by the bank to open an Estate Account.
    The Executor should have the death Certificate and surrogate papers in front of them when contacting the IRS.

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  • In the state of New Jersey,,, How long does it take to get an inheritance?

    My late dear friend left me an inheritance. She died in May. It is August.. How long does it take to receive the inheritance? Please let me know

    Kenneth’s Answer

    A Transfer Inheritance Tax Return must be filed and the any tax paid on the transfer of real and personal property within eight months after the death of either:
    A RESIDENT decedent for the transfer of real or tangible personal property located in New Jersey or intangible personal property wherever situated, or
    A NONRESIDENT decedent for the transfer of real or tangible personal property located in New Jersey. No tax is imposed on nonresident decedents for real property located outside of New Jersey and intangible personal property wherever situated.
    The return must be filed whenever any tax is due or a waiver is needed. The tax is a lien on all property for fifteen years unless paid sooner or secured by an acceptable bond. Interest accrues on unpaid taxes at the rate of 10% per annum.
    When the Inheritance tax return must be filed and approved by NJ Inheritance Tax Division, typically Executor waits until Tax waivers issued and all beneficiaries sign a Release and Refunding Bond.

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  • When the IRS terms the trustee's failure to file a willful fraud and this results in a huge bill, is this grounds for removal?

    My aunt is executor/trustee of my grandfather's eight million dollar estate. During the three years she served as my late grandfather's guardian, she did not file any tax returns, neither for his personal income nor for the income from an irrevoc...

    Kenneth’s Answer

    See 3B:31-51. Removal of Trustee.
    a. The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.
    b. The court may remove a trustee for any of the reasons stated in N.J.S.3B:14-21.
    c. Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief as may be necessary to protect the trust property or the interests of the beneficiaries.

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  • Is failure to pay taxes for the trust termed "breach of fiduciary duty" and grounds for removal of the trustee?

    I am a 35 year old beneficiary of an irrevocable trust with no mandatory income distributions. The trust corpus is supposed to be distributed to the beneficiaries as they turn 40. The trustee did not pay taxes on the trust income for over ten con...

    Kenneth’s Answer

    You could spend money to file complaint to request court hold trustee liable if negligent. see 3B:31-51. Removal of Trustee.
    a. The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.
    b. The court may remove a trustee for any of the reasons stated in N.J.S.3B:14-21.
    c. Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief as may be necessary to protect the trust property or the interests of the beneficiaries.

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  • Guardianship

    My 16 year old nice (will be 17 in October) has been staying with me for the summer since 6/24/16. She has a history of depression and emotional issues and has also attempted suicide twice since she has been with her father. Her mother is currentl...

    Kenneth’s Answer

    Occasionally an individual can not manage his or her life as a result of a mental or physical disability, alcohol or drug addiction. If a legally prepared power of attorney was signed, a trusted family member, friend or professional can legally act on that person’s affairs. If a power of attorney was not signed, your attorney must file a formal complaint and other legal pleadings in the Superior Court. The Guardianship Complaint will request a Court Order and Judgment to permit a trusted family member, friend or professional to handle financial affairs.

    Without a proper legal Power of Attorney or court ordered guardianship, even a spouse does not have the legal authority to sign their spouse’s signature. If a valid power of attorney is not legally prepared, signed and acknowledged in front of an attorney or notary, it is invalid.
    Without a Power of Attorney, a Guardianship Order and Judgment must be obtained from the Superior Court to permit complete legal decision making.
    According to Disability Law, A Legal Primer published by the New Jersey State Bar Association, a guardian is a person appointed by a court to make financial and personal decisions for a person proven to be legally incompetent. p11
    1. When is a guardian needed? A guardian is needed when an individual can not manage his or her life as a result of a mental or physical disability, alcohol or drug addiction. The person for whom a guardian is appointed is called a ward. Disability Law at p11
    Legislation changed the designation of mental incompetent to incapacitated person in all laws, rules, regulations and documents.
    2. What rights does an incompetent lose? Unless a Court orders otherwise, a ward/incompetent does not have the right to decide where to live, spend money, use property, appear in Court or undergo medical treatment without the approval of his or her guardian. An unmarried incompetent also loses the right to marry.
    3. How does somebody become the guardian of another? Guardians are appointed by Courts after the person in need of guardianship is proven incompetent. Guardianship actions can be brought under the general incompetency statute (N.J.S.A. 3B:12-25 et seq.) or under the statute dealing with people who receive services from the State Division of Developmental Disabilities. N.J.S.A.. 30:4-165.4 et seq. Guardians who are married to the incompetent or are parents of an unmarried incompetent can choose who will become the guardian after the guardians die and include a clause designating their successor in their wills. Disability Laws p12. Under the general incompetency statute, a Complaint requesting Guardianship must be filed in the Superior Court. With a detailed Affidavit by the person requesting to be Guardian detailing the assets of the incompetent plus reasons why the incompetent is no longer able to manage their affairs. Affidavits of two doctors are also needed. The Affidavit must be signed within 30 days of the examination. The Court will appoint a temporary attorney to interview the incompetent and prepare a report to the Court.
    4. Who can be a guardian? Generally, a close relative or a person with a close relationship to the proposed incompetent who will act to protect the incompetent’s best interests can be guardian. When a close friend or relative is not available, the Court may appoint the Public Guardian (for persons over 60) or a volunteer Attorney

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