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Questions Answered by Mr. Kenneth Albert Vercammen
1 Answer | Asked in DUI / DWI for New Jersey on
Q: 1] Can a non-Lawyer / friend speak for you or represent me in court?
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Nov 26, 2015

no, only NJ licensed attorney can represent some one in court

1 Answer | Asked in Criminal Law for New Jersey on
Q: What exactly are the Gender restrictions for adult female inmates?

PRISON RAPE ELIMINATION ACT

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Nov 26, 2015

needs to be asked of Jail warden or Prison warden

4 Answers | Asked in DUI / DWI for New Jersey on
Q: how long does state of nj have to get blood result back is it 90 days ?
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 24, 2016

you should read court rule 7:7-7 which is online

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2 Answers | Asked in Probate and Uncategorized for New Jersey on
Q: My Mother passed away with no will. She has a pending settlement and 2 adult children who gets the settlement?

One of her adult children is in charge of everything conserning her death and affairs. Her other child is a convicted felon and been estranged from her for many years. How do we make sure the felon doesnt get part of this settlement?

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 24, 2016

Intestacy [Someone died and no Will]

Intestacy is the condition of the estate of a person who dies owning property greater than the sum of his or her enforceable debts and funeral expenses without having made a valid will or other binding declaration; alternatively where such a will or...
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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: Received letters from lawyers about a traffic ticket. I wasnt AROUND. What should I do?

I learned about a traffic ticket after Receiving several solicitation letters from lawyers about needing a lawyer for driving without license and insurance. I wasnt AROUND. I was at work. I suspect my brother used my name and address... because he doesn''t have a license and he once... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Nov 26, 2015

at trial police officer will have to identify defendant as driver.

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3 Answers | Asked in Criminal Law for New Jersey on
Q: I paid a dr 250 to write me a painkiller script now try to charge me theft by deception what do i do
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Oct 18, 2015

Hire an experienced attorney, not an overworked public defender

2C:20-4 Theft by Deception

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. The following is the law in New Jersey:

2C:20-4....
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2 Answers | Asked in Estate Planning and Family Law for New Jersey on
Q: [NJ] How do I make a loan to an Estate?

State is NJ. I am the executor. Can I deposit my personal cash into the Estate's bank account and keep records of the loan? Or am I required to draw up paperwork with the Court or another 3rd party?

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Oct 18, 2015

Your probate attorney will handle the proper paperwork

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1 Answer | Asked in Probate for New Jersey on
Q: My mother died 8 years ago with no will. My father is still alive and assumed all her debts. (there weren't many).

We never filed probate, as I imagine most things were joint. Now we have found LOTS of unclaimed assets. (over $10,000) how do we claim them? They all seem to want probate. I sent copies of death certificates, but they are requesting probate docs. What do I do?

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Oct 1, 2015

If husband was the father of all children, he receives entire estate. see Source: See http://www.co.bergen.nj.us/Surrogate/BCSC_Intest.htm

The laws of the State of New Jersey provide for the assets of the intestate estate to be distributed to the next of kin by "intestate...
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1 Answer | Asked in Elder Law for New Jersey on
Q: Mother lives in PR, has dementia. Can't make financial decisions any more. No power of attorney.

My sister is her FT caregiver, needs access to accounts to take care of household expenses and medical bills. My mother is bedridden and is immobile. My brother and I want our sister to have control, how do we do this?

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Oct 1, 2015

Legal Guardianship of a Parent or Adult Family Member.

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...
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1 Answer | Asked in Elder Law for New Jersey on
Q: Power of Attorney is being abused. What can I do stop this?

My sister and I have Durable Power of Attorney over my father in Trenton, NJ. She has power to perform all of his bank transactions. I found out last week that since he was place in the nursing home in December of last year, she has withdrawn cash and is using his money as her personal account. The... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Oct 1, 2015

Legal Guardianship of a Parent or Adult Family Member.

Kenneth Vercammen’s Office represents persons seeking legal Guardianship of a Parent or Adult Family Member.

Occasionally an individual can not manage his or her life as a result of a mental or physical disability, alcohol or...
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2 Answers | Asked in Elder Law and Tax Law for New Jersey on
Q: How long does a senior have to live in his primary residence before he can sell it without paying income tax on the sale
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Oct 1, 2015

the tax is capital gains. How to Figure Your Taxable Gain or Loss Worksheet—Continued pg 3

5. Determine your exclusion limit.

a. If you qualify for an exclusion (based on the Eligibility Test , earlier), there are fixed dollar limits on the amount of gain that can be excluded from...
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1 Answer | Asked in Domestic Violence for New Jersey on
Q: me and my boyfriend had a altercation and both had harassment charges pressed on us will we be most likely convicted?
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Oct 1, 2015

If both are charged hey have a right to remain silent and not testify

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I got pulled over for driving through a red light (it was actually yellow) & the cop did not give me a ticket, but

Instead harassed me in front of my crying 8 yr old for 10 min & ordered my husband to call him or he has 30 days to issue me a ticket? Can he do that in NJ?

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Oct 1, 2015

MOTOR VEHICLE STATUTE OF LIMITATIONS

39: 5- 3 30 days Statute of Limitations except as posted below

39: 3- 12 Illegal obtaining DL- 1 year Statute of limitations

39: 3- 34 App. for DL while SUS- 1 year Statute of Limitations

39: 3- 37 False App.- 1 year Statute of...
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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: what's the fine for a ticket for cell phone while driving in nj if you've gotten one for cell phone in ny 13 months ago
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Oct 1, 2015

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...
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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: does statute 39-3-66 state how many brake lights required

I have 3 brake lights including the one mounted in the rear window. The rear light on the drivers side is not operating

do I need all three to be operating or will I get a ticket for the light thats out

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Oct 1, 2015

see 39:3-66. Maintenance of lamps, reflectors, etc.

All lamps, reflectors and other illuminating devices required by this article shall be kept clean and in good working order and, as far as practicable, shall be mounted in such a manner as to reduce the likelihood of their being obscured...
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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: As the Shrewsbury cop was writing me up for no reg., I found it.

I showed the cop, but he refused to stop writing, the Cretan.

All I want is to beat the court costs and come out financially clean on this because I was maybe 3 minutes late on handing him the info.

1. Should I speak with the prosecutor on my court date?

2. At the... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Oct 1, 2015

the statute deals with showing upon request. If registration not found asap, police will usuallywrite the ticket, see

39:3-29. The driver's license, the registration certificate of a motor vehicle and an insurance identification card shall be in the possession of the driver or operator...
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1 Answer | Asked in Estate Planning for New Jersey on
Q: A deceased has no living next of kin, and there is an divorced wife who is willing to have control of the funeral.

Is that a possibility? If so please explain.

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Oct 1, 2015

The funeral home usually lets whoever is paying for a funeral run the show.

1 Answer | Asked in Estate Planning for New Jersey on
Q: In New Jersey if a will is written naming two executors but the wording reads Joe or Mary, do you need both people to si

The will is written Joe or Mary rather then Joe and Mary do you need both persons signatures

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Oct 1, 2015

It is foolish to have two executors. If two usually both must sign everything

1 Answer | Asked in Estate Planning for New Jersey on
Q: My great aunt died and left my uncle as poa how would the family know anything about her will
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Oct 1, 2015

A POA ends upon data. contact county surrogate to inquire if will admitted to probate.

http://www.njsurrogates.com

1 Answer | Asked in Estate Planning for New Jersey on
Q: 18 year-old named beneficiary of father's life insurance without right to withdraw until age 35.Trustee has

Trustee has adversarial relationship with daughter. Trustee's daughter is named successor Beneficiary. Is this a conflict of interest?

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Oct 1, 2015

It depends. The person setting up the trust selects the trustees and beneficiaries. Depends if undue influence. See Undue Influence to challenge a Will or Power of Attorney

A grievance based upon undue influence may be sustained by showing that the beneficiary had a...
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