E353 1. Got Kids? Estate Planning is Recommended. 2. Selecting Trustees Recent Cases: 3. No Statement Admissible by Non-Appearing Witness 4. Investigatory Stop Permitted where Police has Artic

by Kenneth Vercammen, Esq.

E353 November 17, 2010

1. Got Kids? Estate Planning is Recommended.

2. Selecting Trustees

Recent Cases:

3. No Statement Admissible by Non-Appearing Witness

4. Investigatory Stop Permitted where Police has Articulable Suspicion of Drugs.

5. Once Impounded the Police were Required to Obtain a Warrant Prior to Searching the Vehicle.

6. Fun Upcoming Running Races in November / December Selected by Kenneth Vercammen, Esq.

7. Ken's Knee Rehab Update.

8. Our New Email Address


If you have minor children and do not have a will, one author wrote you are doing them a great disservice bordering on child neglect. If you do not name a guardian for your minor children think of the worst relative you have and that's who will get the kids. Makes you shudder, doesn't it?

We've finished the graduation season and kids have started college. Do you have a recent high school grad? Is your son or daughter over 18 and heading off to college? Did you remember that your child is now an adult and your control over them is limited? For example, if your daughter becomes ill while at school and is admitted to the hospital or student health center, you are NOT legally entitled to know about it-or about her condition; even if you are paying for everything.

So, here's the plan. Have your college son or daughter prepare a HIPAA authorization form. This allows your child to name the parents as the persons to discuss health care matters with medical personnel. Without it, you cannot legally learn anything. It's something that most parents never think about.

It may also be prudent for your child to execute the basic documents listed above, including the Durable Power or Attorney and Advance Directives. Once a child turns 18, your legal connection is irrevocably changed.


Do you own real estate? How is it titled? Is it a survivorship deed? Have you considered a transfer on death deed? Some states permit those and they work very well. Do you have a second home? Is it outside your home state? What are the laws in that state regarding the inheritance of property?

Schedule an appointment with your attorney.

2. Selecting Trustees

One of the more critical decisions you'll make when setting up a trust is selecting a trustee. Depending on the trust's provisions, the trustee can serve for decades, with broad discretion in managing assets and distributing income and principal. The trustee's performance can significantly impact your beneficiaries' distributions. Some thoughts to consider when deciding on a trustee include:

Decide whether to choose a family member, friend, or professional trustee. You want an honest individual with some basic financial aptitude. You could decide to name two trustees, perhaps a family member and a professional. The professional could handle investment decisions, while the family member could oversee those decisions and make distribution decisions. Before naming a trustee, obtain that individual's consent and ensure that the responsibilities are understood.

Don't rule out a professional due to the fees involved. While friends and family may serve without compensation, consider whether they could handle these financial decisions as well as a professional could. The trustee's duties can be complex and time consuming. You should consider whether a friend or family member has the time and aptitude for the task.

Name a successor trustee. If your trustee dies, becomes incapacitated, or decides he/she doesn't want to serve as trustee, you should have a successor trustee named or at least describe how one should be selected, such as through a majority vote of the beneficiaries.

Set up performance guidelines. That way, if the trustee does not meet those guidelines, your beneficiaries will have a means to change trustees.

Write a letter to your trustee explaining your wishes. This letter should explain your objectives for the trust, information about the beneficiaries, and other factors that will help the trustee make decisions.



LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Kenneth Vercammen, Esq., Kenneth Vercammen & Associates, PC | Attorney Advertising

Written by:

Kenneth Vercammen, Esq.

Kenneth Vercammen & Associates, PC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.