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Why Traditional Planning Fails Seniors: What you can do to help your clients not fall in the same trap …

Why Traditional Planning Fails Seniors: What you can do to help your clients not fall in the same trap
Saturday, August 10, 2013
2:00 p.m. - 3:30 p.m. Moscone Center West. San Francisco ABA Annual Meeting Room 2008, 2nd Floor

Learn from nationally recognized experts on using new techniques to improve service to Elder Law & Estate clients. Forms & briefs will be provided to all attendees

Speakers:

Kristi Vetri – Co-Chair ABA GP Elder Law Committee

Kenneth A. Vercammen, Esq. – Co-Chair ABA GP Elder Law Committee & co-author "Nuts & Bolts of Elder Law", Edison, NJ

Rajiv Nagaich, Esq.

Elder Law program Primary Sponsor: General Practice Section
Co-sponsors: ABA Commission on Law & Aging, Health Law Section,
YLD, Senior Lawyers Division, Real Probate & Trust Section, Tax Law Section

Elder Law may be the biggest practice area of your career. There are 50,000 baby boomers/ day turning 60 and soon to be on Social Security and will need legal advise. Elder Law is one of the biggest growth fields.

Contact American Bar Association's at 800- 285- 2221 for ABA meeting registration

Can’t attend? We can email you materials
Send email to VercammenLaw@Njlaws.com

Reminder ABA Delegate At- Large Election will be held at the ABA Annual Meeting
All ABA lawyer members who have registered at the Annual Meeting are entitled to vote for Delegates- at-Large.
Voting will be at ABA Registration (voting across from registration area)

All attendees of the Annual Meeting can vote for six candidates. Attendees must vote for six or the vote is not counted.

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  • 1. Why Traditional Planning Fails Seniors: August 10, 2013 Kenneth Vercammen, Esq. Edison, NJ 08817 VercammenLaw@njlaws.com www.njlaws.com www.CentralJerseyElderLaw.com
  • 2. #1 Email- Letter to Client for Appointment date & time This is Small to read- no problem This is all in the CD of materials If you want ppt email Ken- VercammenLaw@njlaws.com Thank you for contacting our law office in connection with your matter. Your appointment is for _______________ You should bring: 1. The completed interview sheet 2. Your questions 3. All papers you want to discuss When you come in we will discuss the matter, and provide a written retainer statement. Client can now pay fees by check, Visa, Master Charge, American Express, Discovery, cash or money order. Once retained we will represent your interests vigorously.
  • 3. 2 "CONFIDENTIAL WILL QUESTIONNAIRE- Online To be filled out prior to interview” 1. Your Full Name____________________________________ First Last 2. IF MARRIED OR SEPARATED, complete (a) and (b) below: (a) Spouse's Full Name: ______________________________________________ First Last 3. Your Street Address: ________________ City _______ State __ 4. Telephone Numbers: Cell: __________________________ 5. E-mail address: _______________________________________ 6. Referred By: _________________ _ 7. Today's Date ____________ If referred by a person, is this a client or attorney? _____________________ -Do you want a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo; Karen Quinlan? Yes ___ No __Do you want a Durable Power of Attorney in the event of your physical or mental disability to help you with financial affairs? Yes ________ No ___
  • 4. 3 Will Questionnaire How can we help you? What are your questions/other important info? ______________________________________________________________ [It is required that all pages be filled out in person's own handwriting prior to seeing the attorney] Your Marital Status: [ ] Single [ ] Married [ ] Separated [ ] Divorced [ ] Widowed [ ] Domestic Partner/ Civil Union Your Date of Birth: ___________________ Month Year Spouse Date of Birth: _________________ Month Year ESTATE EXECUTOR- Please provide the following information about the person you wish to name to serve in this capacity. 1. PRIMARY Choice of Executor/ POAl Representative: Name: _______________________ _______________________ First Last Relationship: _______________ Address: ____________________ 2. SECOND Choice of Executor/ POA Rep: Full Name: ___________________________ _________________ The two proposed Executors must be filled out prior to meeting the attorney.
  • 5. 4 Will Questionnaire Asset Information- Must Be Completed - If none, write “none” House/Real Estate Address ____________________________________ Estimate Total Real Estate Value: _____________ Approx mortgage ________ Bank Accounts, Stocks, CDs and Assets: _______________________________ Approximate Amount ____________________________________________ Other Major Assets (if none, write "none"): _____________________________ Approximate Life Insurance: _________________ Beneficiary ______________ In the Will- Who do you want to get your assets: Beneficiary (1) _______________________ Relationship _______________ Beneficiary (2) _______________________ Beneficiary (3) ___________ [We require that assets and beneficiaries be filled out prior to seeing the attorney] Any Specific Bequests of Money and Property: ____________________________ Names of Children: ______________________________ Ages: ____ LIST THE NAMES AND AGES OF ALL CHILDREN EVEN IF THEY ARE OLDER THAN EIGHTEEN. IF NO CHILDREN, WRITE NONE.
  • 6. 5 Will Questionnaire- Last page [Ethics- Stockdale 196 NJ 275 (2008) PLEASE WRITE DOWN ANY QUESTIONS YOU HAVE HERE or anything else important that we should be aware. Use back of this page for additional important information: _____________________________________________________ ESTATE PLANNING Your estate may be subject to NJ Estate Taxation if the assets are over $675,000. Your estate will be subject to Federal Estate Taxation in 2013 if the total of your assets exceeds $5,250,000. If you desire estate planning to avoid or reduce your estate tax or require a Trust to protect a spouse, please advise Mr. Vercammen. A basic Will is not designed to address estate tax issues. Tax Planning or Medicaid Planning fees exceed $3,000. WILLS: T 1- Parents with minor children and trust for children ____________ T 2- Parents no spouse ____________ T 3- Unmarried ____________ T 4- Parents without trust ____________ T 5- Spouse/ children Trust if assets over $1 million? ____________ PAYMENT WILL BE MADE BY: (Please circle one) Check, Credit Card (Visa, MasterCard, American Express) or Cash Payment is required for Will, Power of Attorney and other document preparation at the first consult and prior to any documents being drafted. We charge a $250.00 consultation fee, which is credited to the preparation of the Will or other document. This $250.00 fee is non-refundable even if the documents are not prepared. This form was filled out by: _____________
  • 7. 6 Will Bill Date to sign _______ ESTATE ADVICE AND WILL PREPARATION: SERVICES TO BE PROVIDED AND LEGAL FEE 1. Office interview with client, office consult fee is $250.00, which is included in the Will preparation fee. …… - Preparation of draft Will and Testament with Provisions regarding debts and taxes, distribution of estate, Trust for beneficiaries under 21, provisions for primary Executor and one successor Executor, include provisions regarding no bond required and self- proving Will meaning your family will not need to locate witnesses later. - Prepare letter to client enclosing draft of Will for client to carefully read. - Office conference, attend to execution/ signing of Last Will and Testament, -Answer Questions and explain provisions…….. -Preparation of post Will letter to client with instructions AMOUNT DUE for Wills: $ ______________ Power of Attorney $__________________ Living Wills $ _______________________ Please make Checks payable to Kenneth Vercammen, PC. Visa, Master Card and American Express accepted. Please pay the front desk legal secretary at first meeting. Payment is required prior to any documents being drafted. …………..The Will needs to be signed within 21 days of initial consult or additional fee will be charged. There is an additional $100.00 charge for canceled, rescheduled, or missed Will signing appointments. The fee paid is non refundable.
  • 8. 7 Appointment to Sign: Last Will and Testament Dear Enclosed is a draft of your proposed Will. Please read this document carefully. If there are any changes, amendments or revisions, please mark up the draft Will in blue pen, and fax or mail back at least four days prior to scheduling the appointment to execute the Will. Changes usually cannot be done on the same date as signing. Please bring your draft Will and any other documents we sent you. If you have not already done so, please also advise my office immediately if you would like a Power of Attorney prepared and a Living Will as well. ……. Remember that if you have assets such as bank accounts in joint names, or bank accounts payable upon death, these go directly to the beneficiary. Your Will cannot change who the beneficiary is on a joint account, payable upon death accounts, or other assets such as Life Insurance policies. You would have to go directly to the bank or company where the assets are held and either direct that they change the beneficiary or not list any beneficiary at all other than your Estate.
  • 9. 8 Doctor Certification of Patient Capacity to Sign Legal Documents Certification by Dr. ___________________________ Patient __________________________ Patient Date of Birth _________________________ I, being duly sworn says: 1. I am a physician licensed to practice medicine in the State of New Jersey. 2. I am not a relative either through blood or marriage of the patient. 3. In my opinion, the patient is able to govern and manage their affairs. 4. The patient is competent to sign [initial all which apply]: Last Will and Testament ____________ Power of Attorney ____________ Living Will ____________ Trust ____________ Deed on house ____________ I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. ____________________________
  • 10. 9 Please read draft Power of Attorney Date to sign: _____ Dear Please carefully read the Power of Attorney which I have prepared at your request. If there are any changes, amendments or revisions, Please mark up the draft Power of Attorney in blue pen, and fax or mail back at least four days prior to scheduling the appointment to execute the Will. Changes usually cannot be done on the same date as signing. A Power of Attorney is an appointment of another person as one's agent. A Power of Attorney creates a principal-agent relationship. You, the grantor of the Power of Attorney, are the principal. The person to whom you grant the Power of Attorney is your agent. The agent is normally called an "attorney-in-fact." The attorney-in-fact does not become the owner of your property, but is merely permitted to deal with it within the terms set out in the Power of Attorney.
  • 11. Will Execution Checklist- see ID [NJ Opinion 691-Will property of client ] 1. Did you read the Will/POA/Living Will?” 2. Did you fax or mail in any changes? Changes are not made the day of signing 3. If changes were mailed, faxed, or called in, have them read our original file copy of the revised documents, even if we mailed it to them. We want to make sure that we are signing the correct revised version. 4. Ask them "Are you ready to sign the Will/POA/Living Will?" 5. We need to see some ID, either a driver’s license or other ID to write in the file proof of competency.
  • 12. 11 Post Will letter -Future revisions to Your Will …. Please be sure to keep this letter with your copy of your Will. Please advise your Executors where the original Will is going to be stored. Please also provide your Executor with our business card and instruct your Executor to contact us prior to going to the Surrogate's Office or probating a Will. We recommend you make copies of your Will and give the copies to your Executor and family. If you have a Living Will, please be sure to give a copy to your doctor. I caution you against making any marks upon your Will because this can lead to a Will contest. If you want to make a change in your Will, please come back to my office and we will either make a Codicil (a short addition) to your Will or a new Will depending upon your needs and wishes. Changes should be made whenever you believe such changes are necessary. In the event that a death occurs in your family, may I suggest that you contact my office immediately in order to determine what, if anything, must be done in order to settle that person's estate.
  • 13. 12 Post Will- [send us referrals ] It has been a pleasure for me to handle your legal affairs. If I can be of any help to you in the future, please be sure to call on me again. The file is now closed. To improve our service to clients, we hope you can fill out the enclosed Client Questionnaire and return it to our office in the stamped, self-addressed envelope. We welcome additional business and accept referrals for: 1) Wills, Power of Attorney, Living Wills and Estate Planning. 2) Personal Injury- Car Accidents 3 Injuries caused by Fall downs 4) Municipal Court, Traffic Tickets and DWI. 5) Probate/ Administration of Estates 6) Criminal cases 7) Civil Litigation for cases over $15,000.
  • 14. 13. CLIENT QUESTIONNAIRE- End of Case - Were you always treated courteously on the telephone when you called? ______ -Were you courteously treated by staff working on your file? ______ - Would you use our firm again if you had another legal problem? Please give us your comments. [use back of page if more space needed] ______ - Would you recommend our firm to a friend, relative or business associate who needed a lawyer? Please give us your comments. ___________________________________ -. May we use your comments in 7 and 8 as testimonial in our newsletter and website? Yes ______ No ____ -. Please rate how you feel about the overall quality of the legal services you received. Excellent ____; Good ____; Adequate _____ Fair _____; Poor _
  • 15. #14 End of Case Client Questionnaire- Page 2- [marketing ] 13. Suggest ways in which any of our services might be improved. Is there anything you feel we should have done for you that we did not do? What did you dislike about your experience, or the way we do things? _____________________________________________________________ _____________________________________________________________ 14. Suggest additional services that you would like us to provide now or in the future: ___ 15. Check items that you would like to receive from our firm: ______ General brochure describing firm services ______ Lawyer bio info __ 1. WHAT TO DO IN AN CAR ACCIDENT __ 11. PROBATE & ADMINISTRATION __ 2. WILLS - Protecting Loved Ones. __12. LIVING WILLS and ADVANCE DIRECTIVES. __ 3. MUNICIPAL COURT. __13. COMPEL INSURANCE TO PAY BILLS __ 4. PERSONAL INJURY CASES. __14. CAR INSURANCE __ 5. COOPERATING WITH YOUR ATTORNEY.__15. DWI PENALTIES. __ 6. TRAFFIC FINES AND PENALTIES. __16. DRIVING WHILE SUSPENDED. __ 7. REAL ESTATE SALES. __17. POWER OF ATTORNEY. __ 8. DMV POINTS AFTER TRAFFIC TICKET __18. TRUSTS __ 9. WORKER'S COMPENSATION __19. EXPUNGEMENT OF CRIMINAL ARRESTS __ 10. STARTING YOUR OWN BUSINESS. __20. FIRM BROCHURE & WEBSITE
  • 16. 15 Thank you for Referral FAX out TO: ___________________________________________ REFERRAL OF: __________________________________ Thank you very much for referring the above potential client to us. We are most appreciative of your expression of confidence in us. Client recommendation is a very important source of new clients to us. We are grateful for your recommendation. We continue to accept probate, municipal court, criminal, personal injury, and other serious legal matters. Any matter handled by this firm will be handled in an efficient and courteous manner after we are retained. Comments: ____ [ex- they did not want to spend money for experienced attorney ]
  • 17. 16 REFERRAL OUT TO ANOTHER ATTORNEY To: _______________ Type of Case: _______________ Referral of _________________________________________ The above referenced individual has contacted me in a professional relationship. I have provided my client with your name and phone number as a referral. I am confident you can handle this matter in an efficient and courteous manner and provide excellent representation. Please contact this potential client to schedule a consult. Please advise me via fax whether this potential client has a consult with your office. Please advise via fax after four days. If appointment set, please fax back below. If I can ever be of service to you in the future, please do not hesitate to contact me. We welcome referrals for: - Contested Probate and Estate Administration - Criminal/ Municipal Court & DWI - Litigation Date and Time of Appointment: ____________________ Never Contacted our Office: ________________________________________ Canceled Appointment: ______________________________________
  • 18. 17 No Representation Dear Thank you for contacting my office. We will not be able to serve as your attorney in your matter. We are required by Supreme Court decisions to send you this letter to state we will not open a file and will not take any action. Under New Jersey law formal suit must be filed within the applicable statute of limitations. The statute of limitations for an injury or tort is two (2) years from the date of the injury/accident. There may be other statutory limitations which pertain to your matter. If a lawsuit is not filed within the statute of limitations, it will be forever barred. We are not advising you that you do not have a case but that this office has decided it will not take the case. We recommend you speak with another attorney immediately to possibly retain an attorney to preserve any of your rights and responsibilities in your case. The phone number of the Middlesex County Bar, Lawyer Referral is 732-828-0053. The phone number for the Mercer County, Lawyer Referral is 609-585-6200. We encourage you, your family or friends to contact us if you have a different legal matter in the future. Please visit our website at www.njlaws.com. You will find many legal articles and information. Very truly yours,
  • 19. 18 Recommend Last Will and Testament Dear Owners of real property (land) and personal property (money, furniture, bank accounts, cars, personal effects, etc.) have the privilege to select those who will receive these items upon death. If an owner does not have a Will she/he loses that privilege and the law decides. More importantly, as any one who has been through it with family or friends, the time and money for probating much more expensive and time consuming without a Will. Changes in one's marital status, financial status and family often will require some changes to an existing Will. Our office records indicate that you have not prepared a recent Will. Please find enclosed a brochure dealing with Wills and Estate Planning. I will be happy to discuss this matter further with you by free in-office consultation by appointment.
  • 20. We invite you to the NJ Municipal Court Section December 6 Happy Hour 5-7pm Bar Anticipation, Belmar/ Lake Como
  • 21. 20 Email of this PowerPoint and newsletter on probate & litigation matters Vercammenlaw@njlaws.com for news and articles on legal matters http://njwills.blogspot.com www.njlaws.com www.CentralJerseyElderLaw.com