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Questions Answered by Mr. Kenneth Albert Vercammen Esq.
2 Answers | Asked in Estate Planning for New Jersey on
Q: My aunt passed away leaving a will with 3 heirs. One of the heirs is me. She also left a handwritten, dated, and signed

Letter with specific details of who should get what of her personal property. In that letter, she states that I can live in her house. My question is, if the house is sold, do I have a legal right to the money that was made from the sale of the house?

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Nov 3, 2019

A hand written note cannot change the Will unless a formal Complaint is filed. An Order to Show Cause must be filed with Surrogate. Then all beneficiaries must be served with the Complaint and Order to Show Cause. NJ recognizes some writings intended as Wills

3B:3-2c permits the use of...
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2 Answers | Asked in Criminal Law for New Jersey on
Q: How much does it cost for a Lawyer to file a expungement for me in NJ?
Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Nov 3, 2019

Fees often depend on the amount of work to be done by the attorney and that attorney's experience. What most attorneys will do:

-Telephone consultation with client;

-Office consultation with client;

-Opening of file and client may have free client case folder, Municipal...
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1 Answer | Asked in Estate Planning for New Jersey on
Q: How to protect purselves from administrator make false statement to surrogate court?

Mother died without will. Her son was made administrator. Has now lied to surrogate court about reason for property not selling yet stating one of three beneficiaries who lives in the home and served as caretaker refuses to move. This is not the case and we are worried that this could mean trouble.... Read more »

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Nov 15, 2018

Removing the Administrator who fails to comply with responsibility

Under New Jersey Law, the person who agrees to accept the numerous legal responsibilities following the death of the person needs to liquidate assets, pay bills and taxes, file all necessary court and tax returns, then...
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2 Answers | Asked in DUI / DWI for New Jersey on
Q: If I get pulled over for drunk driving, can I refuse to speak with the cop until I have a lawyer?
Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Nov 15, 2018

Right to Remain Silent upon arrest or police questioning- Miranda Rights

The Fifth Amendment to the United States Constitution prohibits the use of involuntary statements and confessions at trial. The State bears the burden of proof in a motion to suppress a statement allegedly obtained in...
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4 Answers | Asked in Criminal Law for New Jersey on
Q: I was taken in Walmart stating I wasn’t scanning items and got arrested. Items was worth around $280. Is that jail time?

I would like to know if this is going to cause a fine and this is my first time? Or this can be a jail time? I am really afraid.

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Nov 15, 2018

Shoplifting penalties if charges are not dismissed

2c:20-11 …..

(2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than $75,000, or the offense is committed in...
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3 Answers | Asked in Criminal Law for New Jersey on
Q: I was charge with 2c:21-1A (2) , 2c:21-1A (3) and 2c:20-4 will I face jail time? I’m a first offender

I was charged with the above crimes by depositing two checks twice. Will I face jail time?

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Apr 15, 2018

presumption of no jail for first offense

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court

Jail 2C: 43- 8 jail 6 month maximum

probation 1-2 year max

community service 180 days maximum

Disorderly- fines:...
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3 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: What is penalty for joyriding

Took Mom car no permission got in accident can I go to jail new Jersey

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Apr 15, 2018

2C:20-10 Unlawful Taking of Means of Conveyance Joyriding

a. A person commits a disorderly persons offense if, with purpose to withhold temporarily from the owner, he takes, operates, or exercises control over any means of conveyance, other than a motor vehicle, without consent of the...
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3 Answers | Asked in Probate for New Jersey on
Q: What are my rights, under NJ probate law, as a beneficiary to get inheritance check from executor?

My Aunt passed in 2016 and her will was filed in the County of Monmouth, NJ. After her death, to my surprise, I learned from my cousin, she bequeathed me a lump sum cash legacy. My cousin, her son, is the executor and only other beneficiary named in will. My cousin has been telling me I had to wait... Read more »

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Apr 15, 2018

Obtain copy of Will from Surrogate, determine your bequest, then speak with attorney

Monmouth County Surrogate

Hall of Records

One E. Main Street

Freehold, NJ 07728-1265

(732) 431-7330

(732) 431-7344

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2 Answers | Asked in Real Estate Law and Probate for New Jersey on
Q: Several years ago, my brother inherited a condo in New Jersey that a close friend had left to him in her will.

Her estate went through probate and the executor confirmed transfer of the condo to my brother. There was no mortgage, but he has paid the HOA dues and property taxes each month since her death. He has not paid inheritance tax or requested a tax waiver from the county in which the property is... Read more »

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Apr 15, 2018

inheritance tax is a lien on property. The New Jersey Estate Tax is due on the decedent's date of death and must be paid within nine (9) months in all cases. Any tax not paid within nine (9) months generally bears interest at the rate of ten percent (10%) per annum from the expiration of nine... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: I let another individual / friend use my vehicle for personal reasons and a crime of eluding was committed in my vehicle

Whereas the borrower was in possession of my vehicle. Now the police issued 12 MV summons in my name for the motor vehicle incident. In which I wasn't present. What should I do?

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Feb 22, 2018

This is the statute: 2C:29-2 b

Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L.1995, c.401 (C.12:7-71), on the waters of this State, who knowingly flees or attempts to elude any police or law...
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2 Answers | Asked in Criminal Law for New Jersey on
Q: I am being charged with defiant trespassing, is it possible to lessen the charge or even to have it dropped?

Upon my own investigating I found that defiant trespassing applies to those found trespassing in areas that are clearly marked "closed" or clearly fenced to keep people out. My friends and I were found by the police in a baseball park that we had initially thought was public grounds (this was at... Read more »

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Feb 22, 2018

this is the statute to help you:

2C:18-3

b. Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

(1) Actual...
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3 Answers | Asked in Criminal Law for New Jersey on
Q: Does harassment charges stick on the first offense
Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Feb 22, 2018

To help you this is the statute:

2C:33-4a Harassment 2C:33-4 . Harassment.

Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:

a. Makes, or causes to be made, a communication or communications...
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1 Answer | Asked in Estate Planning for New Jersey on
Q: I have no living relatives or loved ones. Can I will all my assets to my dog and note in my will that some of the funds

should be allocated to a new owner?

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Oct 15, 2017

A Will can leave assets for care of a pet. Provide For Pets in Your Will and Trust If You Become Disabled

A bequest in your Will or Living Trust is an uncomplicated way to help protect your pets.

A bequest may take several forms. It can be a specific sum, a percentage of your...
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2 Answers | Asked in Criminal Law and Personal Injury for New Jersey on
Q: Can i get a restraining order against my boyfriend's brother if we live together and he assaulted me?
Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Oct 15, 2017

Domestic Violence Victims Rights in NJ

The Family Judge Powers:

At the hearing the judge of the Family Part of the Chancery Division of the Superior Court may issue an order granting any or all of the following relief:



(1) An order restraining the defendant from...
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2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: What is 2c:39-4d , 2c:39-5d

What do u think is going to happen because they said the dropped it down a degree

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Oct 15, 2017

2C:39-4 . Possession of weapons for unlawful purposes.

a. Firearms. (1) Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

(2) Any person who possesses,...
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4 Answers | Asked in Criminal Law, DUI / DWI, Car Accidents and Traffic Tickets for New Jersey on
Q: is a seat belt ticket a moving violation? it was a $50 dollar fine, no points. It did not endanger a child.
Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Oct 15, 2017

39:3-76.2 Seat belts Safety belts or restraining devices

No person shall sell or operate any passenger automobile manufactured after July 1, 1966, and registered in this State unless such passenger automobile is equipped with at least two sets of seat safety belts for the front seat of...
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2 Answers | Asked in Criminal Law, Municipal Law and Probate for New Jersey on
Q: How do I file for expungement following a conditional dismissal in NJ if i never received notification of dismissal?

I was arrested for a municipal ordinance violation in 9/2015 and granted a conditional dismissal in 12/2015. I was told the charges would be dropped as long as I did not get into additional legal trouble for one year. I met with a probation officer once (can't remember when, probably also in... Read more »

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Oct 15, 2017

Conditional dismissal never applies to municipal ordinance

see 2C:43-13.1 Conditional Dismissal Eligibility and application.

1. Eligibility and Application. a. Whenever any defendant who has not been previously convicted of any petty disorderly persons offense, disorderly persons...
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2 Answers | Asked in Criminal Law for New Jersey on
Q: What the penalty if found guilty for violating NJ law 2c:28-4 (providing false information to law enforcement)

I woman accused me of stalking and she provided false info to police implying that I had been following her, when that is not true. She then used the police report as part of a criminal harassment lawsuit against me. In court, she ended up accepting a settlement to drop the charges in exchange for... Read more »

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Oct 15, 2017

2C:28-4 . False reports to law enforcement authorities

a. Falsely incriminating another. A person who knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another commits a crime of the fourth degree.

b. Fictitious...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I live in NJ Can a landlord legally require tax return when I've already provided a pay stub and a W2
Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Jun 19, 2017

Landlord can require documents as a condition to rent to determine

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Can a hostess at a bar file a DUI complaint against me

I was leaving a bar in NJ and had difficulty locating my car in a very large parking lot. A hostess helped me find it and then said she did not want me to drive because she thought I was drunk. I said I was find and left and she threatened to call the police. I drove home safely with no... Read more »

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Jun 19, 2017

Court typically would not permit non officer to sign DWI complaint. NJ Law says 39:4-50 Driving while intoxicated

39:4-50 . (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic,...
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