Kenneth Vercammen, Esq is Chair of the ABA Estate Planning & Probate Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law.
To schedule a confidential consultation, call

Kenneth Vercammen & Associates, P.C.

2053 Woodbridge Avenue - Edison, NJ 08817

(732) 572-0500 www.njlaws.com

Saturday, March 14, 2015

Gay & Lesbian clients- additional items to discuss at estate planning interview

Gay & Lesbian clients- additional items to discuss at estate planning interview

      In the absence of a Will or other legal arrangement to distribute property at death, an unmarried partner cannot receive any assets and cannot administer the estate. The result can be lengthy delays and other problems. Individuals in gay or lesbian relationships need properly drafted Wills and estate planning documents more than straight persons. The probate laws generally provide if a person dies without a Will, their property goes to family, rather than a partner they had a relationship with for years or decades. Moreover, without a Power of Attorney, they cannot assist a partner who becomes disabled. If there is not a Living Will, marriage or civil unions, many hospitals deny admittance if someone is not a next of kin. The parent of the hospitalized partner may try to ask the hospital to bar the other partner from visiting. We recommend preparation of Wills, Living Wills and Powers of Attorney.
 KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave
Edison, NJ  08817
(Phone) 732-572-0500
(Fax) 732-572-0030
"CONFIDENTIAL WILL QUESTIONNAIRE"
         Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney.
         Please be sure to check all appropriate boxes. If "NONE", please state "NONE". 
If "NOT APPLICABLE", please state "N/A" or none.
PLEASE PRINT CLEARLY
1.      Your Full Name: _____________________________________________

2.    IF MARRIED OR SEPARATED, complete (a) and (b) below:
(a) Spouse's Full Name:

______________________________________________              _________
First                                Last

3.  Your Street Address: ____________________________________      

City _______________________ State ____  Zip Code ______________
             
4.    Telephone Numbers:                

Cell: _______________________________    ________________________
                                                                                      
Day: ____________________/Night: ________________________

5.    E-mail address: _______________________________________

6. Referred By: ___________________________________________
         If referred by a person, is this a client or attorney?  If you heard about the law office on the Internet, what search terms did you use?

7. Today's Date ____________________

       We recommend a Durable Power of Attorney in the event of your physical
or mental disability to help you with financial affairs? 
                                                                           Yes ________  No ________

        We recommend a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo; Karen Quinlan?      
                                                                          Yes ________  No ________
Confidential Will Q                 Rev 2/5/15
How can we help you? What are your questions/other important information?

_______________________________________________________________________

_______________________________________________________________________
[It is required by Court Rules that all pages be filled out in person's own handwriting prior to seeing the attorney]
8.    Your Marital Status:        [  ] Single        [  ]  Married         [  ]  Separated                       [  ] Divorced        [  ]  Widowed  
                                             [  ] Domestic Partner

9.  Your Day/Month  of birth:  ___________________   
                                         

10.  Spouse Day/Month of birth:  _________________   
                                            
11.  If you are the parent or legal guardian of a minor child or minor children, please check here.  [   ]
2.  ESTATE EXECUTOR
         The person charged with administering/Probating your estate, paying taxes and/or other debts, preserving, managing, and distributing estate assets and property is called an Executor. This person should be one in whom you have trust and confidence. Your SPOUSE is usually named as primary Executor, followed by the child who lives closest to your home.
         Please provide the following information about the person you wish to name to serve in this capacity.
1. PRIMARY Choice of Executor/Personal Representative in Power of Attorney:

Name: _________________________     ______________________________
            First                                             Last

Relationship: _______________ Address: ________________________

2. SECOND Choice of Executor/Personal Representative in Power of Attorney:
         This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death, or is unable to serve.

Name: _________________________     ______________________________
            First                                             Last

Relationship: _______________  Address: _____________________________
   The two proposed Executors must be filled out prior to meeting the attorney. We do not recommend Joint Executors, which often cause conflicts and additional work for the Estate. It is best to select one primary person, then a secondary person.

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 ______________________________________________

Direct Beneficiaries of Accounts - If none write "none" ____________________

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) _______________________   Relationship _______________

Beneficiary (3) _______________________   Relationship _______________
    It is required that assets and beneficiaries be filled out prior to seeing the attorney
Any Specific Bequests of Money and Property:
______________________________________________________________
______________________________________________________________

[  ] A. MARRIED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN).
       Generally most married people provide that, upon their death, property will be distributed as follows:
         1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse.
         2. If your spouse predeceases you, then your estate will be divided in equal shares among all of your living children, If any child shall predecease you, then that child's share to their children (grandchildren).

Names of Children:  ______________________________  Age: _____

_______________________________                              Age: _____

LIST THE NAMES AND AGES OF ALL CHILDREN EVEN IF THEY ARE OLDER THAN EIGHTEEN. IF NO CHILDREN, WRITE NONE. If no  minor children, skip page 5.

III. GUARDIAN(S) OF MINOR CHILD(REN)
       [Skip this section if you have NO minor children and DO NOT want a trust. There are substantial additional fees for preparation of a Trust]
       The surviving parent of a minor child is ordinarily entitled to be the GUARDIAN of that child. In the case of simultaneous death of you and your spouse, or if you are a single parent, you should appoint a Guardian for your minor child. It is advisable, prior to the completion of this Questionnaire, to make sure that your proposed Guardian(s) is (are) willing to serve as Guardian(s). In addition, the Guardian will also hold the monies for the minor children UNLESS you direct us otherwise. In your Will you can have any adult serve as Trustee of monies for minor children.
         Provide the following information about the person(s) you select to be Guardian(s)/Trustee(s). In the event my spouse predeceases me, I name as GUARDIAN(S)/ TRUSTEE(S):

1.  PRIMARY Choice of GUARDIAN / TRUSTEE:

Full Name: _______________________________________

Relationship: ______________________________________

2.   SECOND Choice of GUARDIAN / TRUSTEE:

Full Name: _______________________________________

Relationship: _____________________________________

Are there any beneficiaries with special needs, or receiving SSI or SDD? Please answer in detail
________________________________________
    Are you or any of your Beneficiaries  are not United States citizens? _______
If not US citizen, extra taxes apply.
Do you have any religious wishes on burial? ___
 [  ] B. MARRIED PERSONS WITH NO CHILD(REN) OR GRANDCHILD(REN).
       Generally most married people with no child(ren) or grandchild(ren) provide that upon their death their property will be distributed as follows:
1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse, but
2. If your spouse predeceases you, then your estate will be distributed to your living parent, or equally to your living parents. 
3. But should both of your parents predecease you, then your estate will distributed equally to your brothers and sisters or equally to the children of a predeceased brother or sister.
         Please check B above only if you wish your property distributed precisely and exactly as indicated in section B, 1 through 3, above.
Additional information on Wills, Probate and Elder Law available at www.njlaws.com

[ ] C. DIVORCED OR WIDOWED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN). Generally, most divorced or widowed persons with child(ren) or grandchild(ren) provide that upon their death property will be distributed as follows:  1. Your estate (all property and assets not owned jointly with another person) will be distributed in equal shares to all of your living child(ren).
         2. But if one or more of your children predeceases you, that deceased child's share will be distributed to his or her child(ren), your grandchild(ren) in equal shares

[  ] D. ALTERNATE PLAN OF DISTRIBUTION - You may list specific gifts to individuals and/or divide your estate among several individuals by listing percentages to each, making sure that the percentages total 100%. You may add additional sheets if necessary or use the back of this form.  There are additional Will preparation fees if there are gifts, called specific bequests.
       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 total of your assets exceeds $675,000.  If your assets exceed $675,000 and you desire estate planning to avoid or reduce your estate tax or require a Trust to protect a spouse, please advise Mr. Vercammen.  A Standard Will is not designed to address estate tax issues. We do not do Federal Tax Planning or Medicaid Nursing Home Planning.
                  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
Checks are payable to Vercammen PC
         Payment is required for Will, Power of Attorney and other document preparation at the first consult and prior to any documents being drafted. Minimum fee for Last Will and Testament preparation is $200 each. We charge a $150.00 consultation fee, which is credited to the preparation of the Will or other document. This $150.00 fee is non-refundable even if the documents are not prepared. If there are any changes to a draft Will, Power of Attorney, or other document, there will be a minimum charge of $75.00 per revision. The Will needs to be signed within 21 days of initial consult or an additional fee of $100.00 will be charged. Due to complexity and need to re-title assets, Fees for Trusts are minimum $2,500.

This form was filled out by:  _________________________
                                                      sign name