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

Monday, December 24, 2018

Enjoy the Holidays, but have designated driver or take Uber/cab. Penalties for DWI NJ

Enjoy the Holidays, but have designated driver or take Uber/cab. Penalties for DWI NJ

1. DWI 1st Offense - BAC 0.10% or higher or operation under influence of drugs -  - $300 to $500 fine, and
IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and
- in court's discretion, imprisonment not exceeding 30 days, and
- driver's license suspension for not less than 7 months nor more than 1 year, a
Plus $3,000 mvc surcharges and 9 car insurance points
and
- VCCA $50, DDEF $100, SNSF $75, AND $100 surcharge, and
- court may order participation in supervised visitation program as either a condition of probation or a form of community service, Mandatory installation of an ignition interlock device for not less than 6 months nor more than 1 year if BAC reading over .14BAC,
and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements
are satisfied.


BAC 0.08%1st Offense 39:4-50 penalty Driving while intoxicated
1st Offense - BAC 0.08% or higher, but less than .10% or observation case - - $250 to $400 fine, and IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and
Plus $3,000 mvc surcharges and 9 car insurance points
- in court's discretion, imprisonment not exceeding 30 days, and
- driver's license suspension for a period of 3 months, and
- VCCA $50, DDEF $100, SNSF $75, AND $100 surcharge, and
- may order participation in supervised visitation programs either a condition of probation or a form of community service, and
- may order installation of an ignition interlock device for not less than 6 months nor more than 1 year, and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements
are satisfied. 



Description: Macintosh HD:Users:kennethvercammen:Desktop:1  Kmac:zz Photo:Wakefern at Santa run.JPG

2. Wakefern Shoprite Runners Club at the Hoboken Jingle Bell 5K to raise funds to help The Hoboken Volunteer EMS purchase a much-needed ambulance.

3. Fun Upcoming Running Races & Charity events

  If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.comOften we car pool from East Brunswick /Edison or meet at these events. I update this list at http://vercammensport.blogspot.com

Press release:
Secret Mystery Winter Trail Run
5 Mile Eagle Trail Run and 2 mile Turkey Group Run
   Sat. Jan. 5, 2019  10:17am 
Only $20.00
         Register online at

Location: Secret Mystery wooded area North Brunswick/ East Bruns, South B
       Please bring a can food donation for St. Matthews Edison Food Bank. 
      More powerful than the Mud runs, Warrior Runs and Swamp devil runs.  Tired of the same old neighborhood roads, traffic, bad drivers? Join the off-road runners for a great and unusual training run.  Run in the woods and trails. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex course through woods, grass, swamp and marsh.  Wear old running shoes.                                         

    Free USA or skull items for Pre-registered. For those registered, an email will be sent with secret start location and secret post run party.
       Volunteer receive free beer and goodies. Post Run Party held at secret location to be emailed to pre-registered. A fun time is guaranteed! You must be over 21 years old to participate.  No times are recorded.  A sense a humor is a must. Prizes & giveaways at the post race social. You don’t even need to run to participate. 
  If you are unable to run you can volunteer. Volunteers receive free beer,  pirate backpack and skull bandanna. If you wish to volunteer email Kenvnjlaw@yahoo.com
Sponsored by the Rumson Hash House Harriers, founders of the Cheesequake Hashathon.

Jan 6, 2019 FARC Freehold Winter 5k first five Sunday 10:00am   www.farcnj.com

Jan 6 Bob Tona 60thBirthday run
2018 update Wills and Estate Planning- Free Seminar
Wednesday, January 9 at 12:15-1:00 PM and again 5:00pm-5:45pm
Law Office of Kenneth Vercammen,
2053 Woodbridge Ave, Edison, NJ 08817
 program is limited to 15 people. Please bring a canned food donation   
      COST: Free if you pre-register by email. Complimentary materials provided at 12:00 sharp. Please bring a canned food donation, which will be given to the St. Matthews’s St. Vincent DePaul Food Bank. Free sandwich for past and current clients from Craig’s Deli.
         Main Topics:
      1. Elimination of NJ Estate Tax 
2. The New Probate Law and preparation of Wills    
3. 2019 changes in Federal Estate and Gift Tax exemption
4. The need for current Power of Attorney              
5.  Living Will  & Advance Directive                                    
6.  Administering the Estate & Probate
     COMPLIMENTARY MATERIAL: Brochures on Wills, Probate and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.   
Co-Sponsor: Middlesex County Estate Planning Council
To attend email VercammenLaw@Njlaws.com
other Information call 732-572-0500
Can’t attend?  We can email you materials. Send email to VercammenLaw@Njlaws.com

     Friday January 18, 2019 6:00 Pork Loin Dinner and TRICKY TRAY
   Post 435 Sons of the American Legion 43 Oakland Ave Edison NJ 08817
   Join us for a delicious full course pork loin dinner with delicious trimmings and deserts. During the course of the dinner we will have trick tray gifts for you to try and win. The proceeds will benefit the SAL’s and also support a veteran’s cause that we will decide on accordingly. Of course you can also count on a 50/50! The cost will be provided soon.
 (732) 985-9768
https://www.facebook.com/events/1131094493714879/

Sunday, November 18, 2018

Estate Planning pending Divorce or Break Up

         By Kenneth A. Vercammen, Esq. Author ABA’s “Wills & Estate Administration” book
         If separated and suddenly die, your spouse will still receive either all of a minimum of 50% of your probate assets if no valid Will. Don’t rely on a cheap online document. Have your Will done by a estate planning attorney. Don’t try to do your own electrical work. Don’t try to do your own legal work.
         In planning, make sure your assets go to your loved ones or favorite charity, not an "ex". Therefore, we advise our separated or divorced clients to do the following:
1)          Have an Estate Planning Law attorney prepare a Will to distribute your assets to the people you care about the most. If you already have a Will, prepare a new Will and have the old Will revoked. (Your estate planning attorney will explain this to you.) Usually a new executor is selected, who will also serve as funeral agent. 
          Although in many states under law a divorce removes the ex spouse as a beneficiary, it does not remove the ex as executor or receiving assets under a bank POD or joint account. Don’t ever use with a cheap online form that often is not filled out correctly. Self prepared documents are often not witnessed right and are not admitted to probate. Have an experienced attorney prepare the estate planning documents who will do it right. I could change my car oil and repair the lawnmower, but I now prefer an experienced mechanic do that. You can also create specific bequests so nice jewelry or family heirlooms go to a selected child. Otherwise the executor can just sell them at the pawn shop. You can also direct in your Will a child be excluded from inheriting. Example- they testified against you in divorce court.
        
2) Prepare a Power of Attorney to select someone to handle your finances if you become disabled. Have your old Power of Attorney revoked. This means your attorney or you should send notices to banks and your accounts to indicate the prior Power of Attorney is invalid. If you have children over age 18, have your attorney prepare a Power of Attorney for the over 18 children so the custodial parent can still have access to their records and pay their bills if they are in an accident.
3) Select a new beneficiary on assets you may own, such as stocks, transfer upon death brokerage accounts, bank accounts, IRA, retirement accounts, 401k, payable upon death accounts POD , and other financial assets. Make sure you see the actual change in beneficiary in writing. Don’t rely on a phone call from the company that accounts are revised. Even if a court approved divorce decree states that a beneficiary should be changed, make sure you have changed the beneficiary designations. Remember, even a new Will does not change account beneficiaries on non-probate assets.
          Change passwords on all online accounts and notify them in writing that the former spouse is not permitted excess to records.
4) Change your beneficiary under your own life insurance, whether whole life insurance or term insurance. Again, don’t just rely on language in a divorce decree to make sure your wishes are followed. If the ex-spouse is required to obtain life insurance to pay to you or your children, you want to see proof of the insurance in writing with beneficiary designation.
5) Contact your employer's human resources and change the beneficiary on pension, stock options, life insurance,  and other employee benefits. Note that if you are not yet divorced, your spouse may have to sign a written waiver permitting you to change beneficiaries.
6)  Keep your personal papers at a location where an ex-spouse or the child's parent can't steal or destroy them.  
7) If you have minor children, nominate someone under a Will to serve as guardian to the children. Although the surviving parent obviously has first right of custody of children, they may not even want custody. You don’t want your ex in-laws to have custody of your children or access to the children’s money. A new Will specifically shows a Surrogate and Probate Judge you’re your wishes are. If no Will, then a judge can only guess.
         Also set up a Trust in the Will so children and grandchildren receive funds when they are 21, 25 and 30. Preserve money for college and necessary expenses, not a windfall to buy an expensive car when they turn 18. Also don’t make the minor children beneficiary of big life insurance policies, because they automatically receive when they turn 18. Instead, you can make your estate the beneficiary of life insurance and other accounts. How many 18 year old kids would spend money wisely? Seek assistance of estate planning attorney, don’t try to do everything yourself.
         A trust also protects the beneficiary if there is a lawsuit and judgment against them.
8) Make sure the trustee for any funds designated for your children is the "right" trustee. The former in laws may no longer be the best choice.
9) Re-title real estate, cars and other assets in joint names. Usually a new Deed will have to be prepared. If there is a mortgage, either a refinance or consent of mortgage company to remove your name from the mortgage. [Good luck with that.]
10)  In New Jersey, if you are still married and living with a spouse, under certain instances the surviving spouse has a right to "elect against the Will".      The disinherited spouse may try to elect against the Will and try to obtain one third of the estate. Your attorney can explain how you can protect yourself and your children.   

11) Have a new Living Will / Advance Directive for health care/ medical proxy prepared to remove the ex and select a family member you trust with last medical wishes. The Living Will should contain new HIPPA language to advise doctors and hospital who should have access to medical information. You don’t want an estranged person to be able to make Medical decisions or “Pull the plug”. A divorce decree does not remove the ex-spouse on Medical Power of Attorney/ Living Will. They should have a new Living Will prepared. 

Separated persons
          Some clients are not aware they can have a new Will and other estate planning documents prepared prior to a formal divorce decree. To the contrary, our office drafts Will for individuals in marital difficulty who want to protect their assets and children in the event of an unexpected, sudden death.  A personal can have a new Will and estate planning documents without telling their spouse.
          If spouses are living together, the surviving spouse in many states can Elect against the Will and obtain 1/3 of the augmented estate. See Uniform Probate Code 2-201. A married person can also confidentially revoke a Power of Attorney, Living Will, Trust etc. However, the original attorney cannot prepare new documents if the attorney also prepared documents for the other spouse. The original attorney in some states may be required to notify the other spouse. Therefore, a new, independent attorney is suggested whose only loyalty is to you.
          It is important to prepare new documents if separation has started or is inevitable since someone does not want their some of be ex to make financial and medical decisions. However, typically a spouse cannot be removed as a beneficiary under pensions, etc without that spouse’s written consent.
          You can select a funeral agent so your estranged spouse does not handle funeral arrangements.
          Also speak with your divorce attorney to inquire if you can take out 50%  of assets in a joint account and deposit in a new account payable death to adult children, not the estranged spouse.
          If you own a small business, prepare a contingency plan if you become disabled for someone to run your business.

          Second marriage
         If you decide to get remarried, have your attorney prepare a prenuptial agreement, so your children can inherit your assets. You want your children, not new spouse, to receive your assets if you pass away. In many states, persons put their assets into Trusts for the benefit of a child. However, if the trust is revocable, Medicaid will include the trust assets as available money. In blended families, irrevocable trusts are useful because a Will can be revocable by a competent person without telling their spouse.

          If You Have No Will after someone divorces:                                    
If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:

1.    The procedure to distribute assets becomes more complicated. It will require all of the children to select someone to be the Administrator, then all the children to sign a Renunciation Affidavit in front of a notary. If all the children do not sign the Renunciation Affidavit if front of notaries, then a Complaint and Order with have to be filed in the Superior Court. Cost over $3,000. The preparation of a Will for under $400 eliminates these costs.

2.     Additional expenses will be incurred and extra work will be required to qualify an administrator-Surety Bond, additional costs often over $1,000 and extra legal fees
3.     State law determines who gets assets, not you. People who dislike you or don’t care about you can get your assets
4.     If you have no spouse or close relatives the State may take your property. Most people who rather have charities or friends get their money.
5.     It often causes fights and stress within your family and sometimes lawsuits
6.     If there are minor children a Judge determines who gets custody of grand children
7.     You lose the opportunity to reduce State inheritance taxes and Federal estate taxes without improper planning
         When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with Financial concerns and estate problems if there is no Will or not prepared or signed properly. 

         Who don’t you want to receive your assets?
         Who is not the best choice to raise your children, or safeguard your children's money for college?   Do you want children, or grandchildren, to get money when they turn 18?  Will they invest money wisely, or go to Seaside and play games?
         
 ESTATE PLANNING TO PROTECT CHILDREN
        There may come a time when an unmarried parent is unable, due to physical or mental incapacity, to take care of their minor children. If a parent dies, the minor children will need a guardian. In these circumstances, those caring for the children, as well as the courts will need direction. By writing and executing a Will, which includes instructions on guardianship one may select someone, either individually or jointly, with the legal authority to act for minor children and assume control over the assets of the children. Estate planning, which includes the execution of a Will, is just as important for persons with minor children as they are for senior citizens. 

Guardians
     Most individuals appoint the parent to act as Guardian of the person and property of their minor children. It is suggested that your Will include a clause which provides that in the event the other parent predeceases you, or is unsuitable or ceases to act as Guardian of the person and property of your minor children, you appoint a trusted family member or close friend to act as successor Guardian of the person and property of your minor children.
          Sometimes the divorce is amicable and the person may still wish to have their ex –spouse be executor of their Will or Trustee of a trust for children. New estate planning documents should still be signed after the divorce to confirm they want to ex to remain involved in a potential estate.

Trustee for funds
     Select a trusted person, your close relative or friends, who will invest and hold your children's money. If divorced or unmarried, most people do not select the other parent. In your Will and Trust you can instruct the Trustee to apply amounts of income and principal as they, in their sole discretion, deem proper for the health, maintenance, education, welfare, or support of your children or other minors. Direct that the trustee shall accumulate any income not needed for the above purposes, paying and transferring the portion held in trust to the beneficiary upon his or her attaining the age of majority or whichever age you select.  
If you do not write a Will, the government has already written one for you. Your assets go to whoever a state law says receives the assets, or to the government itself! 
          As average Americans, we work 80,000 hours in a lifetime, or 45 to 55 years. In the havoc after a break up, many persons forget to have a Will done to assure assets and decisions are taken out of the hands or the ex spouse and ex spouse’s family.
         In spite of all our resources and the assets we earn during our lifetime, the vast majority of Americans do not take the time to create the legal instructions to guide the court or a guardian upon their death. National statistics indicate that more than 50% of Americans foolishly die without leaving a Will. In the absence of a Will  or other legal arrangement to distribute property at death, the problems often arise and a Judges decides who gets custody of your children and handles your money. This process is called the law of intestacy. The result can be lengthy delays in the distribution of your estate, court battles between relatives and your children being raised by someone you do not favor. Without a Will, your family will have to pay substantial costs for accountants, attorneys, bonding companies and probate fees.


     Conclusion

        While the preceding article contains possible items to be discussed with your family, attorney  and executor, the article is by no means exhaustive.  A number of these items may not be applicable in your situation, and probably there are many others that are applicable.  The essential element is to spend some time now considering what you should tell those most closely associated with you to facilitate their handling of your affairs upon your death. 

Sunday, October 28, 2018

LGBT Palliative Care Survey for Attorneys

LGBT Palliative Care Survey for Attorneys

The lesbian, gay, bisexual, and transgender (LGBT) community has a long history of experiencing discrimination and stigma in many arenas, including health care and social services. We are conducting a study to learn about the experiences of LGBT persons and their family and friends with palliative care and hospice programs. The goal of this study is to examine the ways in which their care is discriminatory, disrespectful, or inappropriate based on their sexual minority status. Study findings will be used to develop and disseminate policy and practice remedies.

Participation in this study is voluntary. If you do participate, you have the option of remaining anonymous. If you choose to share your identity, your responses will be confidential. Study findings will be reported in the aggregate and it will not be possible to identify individual respondents or employers. We expect that the national sample will include several hundred hospice and palliative care respondents from social work, medicine, nursing, chaplaincy, administrators, and elder law attorneys.

The questionnaire should take about 15 minutes to complete. The questions are about: providing services to LGBT clients; staff education and training in providing services to LGBT clients; institutional policy about non-discriminatory LGBT services; knowledge about working with LGBT clients in palliative and end-of-life care; provider awareness of disparate care to LGBT patients and families, including care that is different, inappropriate, disrespectful, abusive, or neglectful because of sexual minority status; and disparate or disrespectful treatment of patient proxies, surrogates, family members, or friends. You may skip any questions that you don’t want to answer.

The risk of participation is very minimal. You may experience minor discomfort when answering certain questions. You may skip any questions you prefer not to answer and you may exit the questionnaire website at any time. While there will be no direct benefit to you, your participation will contribute to understanding the experiences of LGBT patients and families in hospice and palliative care, and to developing recommendations for improved practice, policy, staff training, and research involving the LGBT community. There is no compensation for participation.

If you choose to participate in this study, you may access the online survey here:



https://bit.ly/2DZt6Nr


If you have any questions about your rights as a participant in a study, you may contact the Institutional Review Board at Yeshiva University, at 718-430-2776 or at IRIS-Support@Einstein.yu.edu. You may also contact the researchers at their email addresses below.

Thank you.

Gary L. Stein, JD, MSW
Professor
Wurzweiler School of Social Work

Vice Chair, Social Work Hospice & Palliative Care Network
Yeshiva University
glstein@yu.edu

Cathy Berkman, PhD, MSW
Associate Professor & Director, Palliative Care Fellowship
Graduate School of Social Service
Fordham University
berkman@fordham.edu




David Godfrey

Senior Attorney

American Bar Association

Commission on Law and Aging

Washington, DC 20036

David.Godfrey@Americanbar.org

Monday, October 8, 2018

Executor Duty and Responsibilities

Executor Duty and Responsibilities
At some point in time, you may be asked to serve as the executor of the estate of a relative or friend, or you may ask someone to serve as your executor. An executor’s job comes with many legal obligations. Under certain circumstances, an executor can even be held personally liable for unpaid estate taxes. Lets review the major duties involved, which we’ve set out below.

In General, the executor’s job is to
1. Administer the estate--i.e., collect and manage assets, file tax returns and pay taxes and debts--and 2. Distribute any assets or make any distributions of bequests, whether personal or charitable in nature, as the deceased directed (under the provisions of the will).
Lets take a look at some of the specific steps involved and what these responsibilities can mean. Chronological order of the various duties may vary.
Step 1: Probate. The executor must "probate" the will. Probate is a process by which a will is admitted. This means that the will is given legal effect by the court. The courts decision that the will was validly executed under state law gives the executor the power to perform his or her duties under the provisions of the will.
Step 2: Manage the Estate. The executor takes legal title to the assets in the probate estate. The probate court will sometimes require a public accounting of the estate assets. The assets of the estate must be found and may have to be collected. As part of the asset management function, the executor may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the executor will have to obtain stock power, tax waivers, file affidavits, and so on.
Step 3: Take Care of Tax Matters. The executor is legally responsible for filing necessary income and estate-tax returns (federal and state) and for paying all death taxes (i.e., estate and inheritance). The executor can, in some cases be held personally liable for unpaid taxes of the estate. Tax returns that will need to be filed can include the estates income tax return (both federal and state), the federal estate-tax return, the state death tax return (estate and/or inheritance), and the deceased’s final income tax return (federal and state). Taxes usually must be paid before other debts. In many instances, federal estate-tax returns are not needed as the size of the estate will be under the amount for which a federal estate-tax return is required.
An employer identification number ("EIN") should be obtained for the estate; this number must be included on all returns and other tax documents having to do with the estate. The executor should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate. This gives the executor the authority to deal with the IRS on the estates behalf.
Often it is necessary to hire an appraiser to value certain assets of the estate, such as a business, pension, or real estate, since estate taxes are based on the "fair market" value of the assets. After the filing of the returns and payment of taxes, the Internal Revenue Service will generally send some type of estate closing letter accepting the return. Occasionally, the return will be audited.
Step 4: Pay the Debts. The claims of the estates creditors must be paid. Sometimes a claim must be litigated to determine if it is valid. Any estate administration expenses, such as attorneys, accountants and appraisers fees, must also be paid.
Step 5: Distribute the Assets. After all debts and expenses have been paid, the distribute the assets with extra attention and meticulous bookkeeping by the executor. Frequently, beneficiaries can receive partial distributions of their inheritance without having to wait for the closing of the estate.
WHO SHOULD SERVE AS EXECUTOR? The executors legally imposed fiduciary duty is to act in all ways in the best interests of the estate and its beneficiaries. The duties of an executor can be difficult and challenging and should not be taken lightly.
We believe an executor needs not only the skills, training, and experience necessary to do the project--casual or part-time attention is not likely to achieve success.
Under increasingly complex laws and rulings, particularly with respect to taxes, an executor can be in charge for two or three years before the estate administration is completed. If the job is to be done without unnecessary cost and without causing undue hardship and delay for the beneficiaries of the estate, the executor should have an understanding of the many problems involved and an organization created for settling estates. In short, an executor should have experience.
Duty of Executor in Probate & Estate Administration
1. Conduct a thorough search of the decedents personal papers and effects for any evidence which might point you in the direction of a potential creditor;
2. Carefully examine the decedents checkbook and check register for recurring payments, as these may indicate an existing debt;
3. Contact the issuer of each credit card that the decedent had in his/her possession at the time of his/ her death;
4. Contact all parties who provided medical care, treatment, or assistance to the decedent prior to his/her death;
Your attorney will not be able to file the NJ inheritance tax return until it is clear as to the amounts of the medical bills and other expenses. Medical expenses can be deducted in the inheritance tax.

Under United States Supreme Court Case, Tulsa Professional Collection Services, Inc., v. Joanne Pope, Executrix of the Estate of H. Everett Pope, Jr., Deceased, the Personal Representative in every estate is personally responsible to provide actual notice to all known or "readily ascertainable" creditors of the decedent. This means that is your responsibility to diligently search for any "readily ascertainable" creditors.
Other duties/ Executor to Do
Bring Will to Surrogate
Apply to Federal Tax ID #
Set up Estate Account at bank (pay all bills from estate account)
Pay Bills
Notice of Probate to Beneficiaries (Attorney can handle)
If charity, notice to Atty General (Attorney can handle)
File notice of Probate with Surrogate (Attorney can handle)
File first Federal and State Income Tax Return [CPA- ex Marc Kane]
Prepare Inheritance Tax Return and obtain Tax Waivers (Attorney can handle)
File waivers within 8 months upon receipt (Attorney can handle)
Prepare Informal Accounting
Prepare Release and Refunding Bond (Attorney can handle)


Obtain Child Support Judgment clearance (Attorney will handle)
Lets review the major duties involved-
In General. The executors job is to (1) administer the estate--i.e., collect and manage assets, file tax returns and pay taxes and debts--and (2) distribute any assets or make any distributions of bequests, whether personal or charitable in nature, as the deceased directed (under the provisions of the Will). Lets take a look at some of the specific steps involved and what these responsibilities can mean. Chronological order of the various duties may vary.
Probate. The executor must "probate" the Will. Probate is a process by which a Will is admitted. This means that the Will is given legal effect by the court. The courts decision that the Will was validly executed under state law gives the executor the power to perform his or her duties under the provisions of the Will.
An employer identification number ("EIN") should be obtained for the estate; this number must be included on all returns and other tax documents having to do with the estate. The executor should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate. This gives the executor the authority to deal with the IRS on the estates behalf.
Pay the Debts. The claims of the estates creditors must be paid. Sometimes a claim must be litigated to determine if it is valid. Any estate administration expenses, such as attorneys, accountants and appraisers fees, must also be paid.
Manage the Estate. The executor takes legal title to the assets in the probate estate. The probate court will sometimes require a public accounting of the estate assets. The assets of the estate must be found and may have to be collected. As part of the asset management function, the executor may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the executor will have to obtain stock power, tax waivers, file affidavits, and so on.
Take Care of Tax Matters. The executor is legally responsible for filing necessary income and estate-tax returns (federal and state) and for paying all death taxes (i.e., estate and inheritance). The executor can, in some cases be held personally liable for unpaid taxes of the estate. Tax returns that will need to be filed can include the estates income tax return (both federal and state), the federal estate-tax return, the state death tax return (estate and/or inheritance), and the deceased’s final income tax return (federal and state). Taxes usually must be paid before other debts. In many instances, federal estate-tax returns are not needed as the size of the estate will be under the amount for which a federal estate-tax return is required.

Often it is necessary to hire an appraiser to value certain assets of the estate, such as a business, pension, or real estate, since estate taxes are based on the "fair market" value of the assets. After the filing of the returns and payment of taxes, the Internal Revenue Service will generally send some type of estate closing letter accepting the return. Occasionally, the return will be audited.
Distribute the Assets. After all debts and expenses have been paid, the executor will distribute the assets. Frequently, beneficiaries can receive partial distributions of their inheritance without having to wait for the closing of the estate.
Under increasingly complex laws and rulings, particularly with respect to taxes, in larger estates an executor can be in charge for two or three years before the estate administration is completed. If the job is to be done without unnecessary cost and without causing undue hardship and delay for the beneficiaries of the estate, the executor should have an understanding of the many problems involved and an organization created for settling estates. In short, an executor should have experience

At some point in time, you may be asked to serve as the executor of the estate of a relative or friend, or you may ask someone to serve as your executor. An executor’s job comes with many legal obligations. Under certain circumstances, an executor can even be held personally liable for unpaid estate taxes. Lets review the major duties involved, which we’ve set out below.
In General. The executors job is to (1) administer the estate--i.e., collect and manage assets, file tax returns and pay taxes and debts--and (2) distribute any assets or make any distributions of bequests, whether personal or charitable in nature, as the deceased directed (under the provisions of the Will). Lets take a look at some of the specific steps involved and what these responsibilities can mean. Chronological order of the various duties may vary.

Probate. The executor must "probate" the Will. Probate is a process by which a Will is admitted. This means that the Will is given legal effect by the court. The courts decision that the Will was validly executed under state law gives the executor the power to perform his or her duties under the provisions of the Will.
An employer identification number ("EIN") should be obtained for the estate; this number must be included on all returns and other tax documents having to do with the estate. The executor should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate. This gives the executor the authority to deal with the IRS on the estates behalf.
Pay the Debts. The claims of the estates creditors must be paid. Sometimes a claim must be litigated to determine if it is valid. Any estate administration expenses, such as attorneys, accountants and appraisers fees, must also be paid.
Manage the Estate. The executor takes legal title to the assets in the probate estate. The probate court will sometimes require a public accounting of the estates assets. The assets of the estate must be found and may have to be collected. As part of the asset management function, the executor may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the executor will have to obtain stock power, tax waivers, file affidavits, and so on.

Take Care of Tax Matters. The executor is legally responsible for filing necessary income and estate-tax returns (federal and state) and for paying all death taxes (i.e., estate and inheritance). The executor can, in some cases be held personally liable for unpaid taxes of the estate. Tax returns that will need to be filed can include the estates income tax return (both federal and state), the federal estate-tax return, the state death tax return (estate and/or inheritance), and the deceased’s final income tax return (federal and state). Taxes usually must be paid before other debts. In many instances, federal estate-tax returns are not needed as the size of the estate will be under the amount for which a federal estate-tax return is required.
Often it is necessary to hire an appraiser to value certain assets of the estate, such as a business, pension, or real estate, since estate taxes are based on the "fair market" value of the assets. After the filing of the returns and payment of taxes, the Internal Revenue Service will generally send some type of estate closing letter accepting the return. Occasionally, the return will be audited.
Distribute the Assets. After all debts and expenses have been paid, the distribute the assets with extra attention and meticulous bookkeeping by the executor. Frequently, beneficiaries can receive partial distributions of their inheritance without having to wait for the closing of the estate.
Under increasingly complex laws and rulings, particularly with respect to taxes, in larger estates an executor can be in charge for two or three years before the estate administration is completed. If the job is to be done without unnecessary cost and without causing undue hardship and delay for the beneficiaries of the estate, the executor should have an understanding of the many problems involved and an organization created for settling estates.

COMPLAINT FOR ACCOUNTING
A Complaint for Accounting is filed with the Probate Part to request on accounting, removal of the current executor and selection of a new person to administer and wrap up the estate.
A signed certification of one or more beneficiaries is needed. In addition, an Order to Show Cause is prepared by your attorney. The Order to Show Cause is to be signed by the Judge directing the executor, through their attorney, to file a written answer to the complaint, as well as appear before the court at a specific date and time.
As with a litigated court matter, trials can become expensive. Competent elder law/probate attorney may charge an hourly rate of $225-$350 per hour, with a retainer of $3000 needed. Attorneys will require the retainer to be paid in full up front.
The plaintiff can demand the following:
(1) That the named executor be ordered to provide an accounting of the estate to plaintiff.
(2) Defendant, be ordered to provide an accounting for all assets of d1 dated five years prior to death.
(3) Payment of plaintiffs attorneys fees and costs of suit for the within action.
(4) Declaring a constructive trust of the assets of the decedent for the benefit of the plaintiff and the estate.
(5) That the executor be removed as the executor/administrator of the estate and that p1 be named as administrator of the estate.
(6) That the executor be barred from spending any estate funds, be barred from paying any bills, be barred from taking a commission, be barred from writing checks, be barred from acting on behalf of the estate, except as specifically authorized by Superior Court Order or written consent by the plaintiff.
EXECUTORS COMMISSIONS
Executors are entitled to receive a commission to compensate them for work performed. Under NJSA 3B:18-1 et seq., Executors, administrators and other fiduciaries are entitled to receive a commission on both the principal of the estate, and the income earned by assets.
However, if you have evidence that the executor has breached their fiduciary duties or violated a law, your Superior Court accounting complaint can request that the commissions be reduced or eliminated.

SALE OF REAL ESTATE AND OTHER PROPERTY
Occasionally, a family member is living in a home owned by the decedent. To keep family harmony, often this family member is permitted to remain in the home temporarily. However, it may later become clear that the resident has no desire on moving, and the executor has neither an intention to make them move nor to sell the house. The remedy a beneficiary has can be to have your attorney include in the Superior Court complaint a count to
1) remove the executor
2) remove the tenant and make them pay rent to the estate for the time they used the real property since death without paying rent
3) compel the appraisal of the home and, thereafter, the sale of the property
4) make the executor reimburse the estate for the neglect or waste of assets.



It is our recommendation that Executors undertake the following measures:

       1.  Conduct a thorough search of the decedent's personal papers and effects for any evidence, which might point you in the direction of a potential creditor;
       2.  carefully examine the decedent's checkbook and check register for recurring payments, as these may indicate an existing debt;
       3.  contact the issuer of each credit card that the decedent had in his/her possession at the time of his/ her death;
       4.  contact all parties who provided medical care, treatment, or assistance to the decedent prior to his/her death;

       We will not be able to file the NJ Inheritance Tax return until it is clear as to the amounts of any medical bills and debts. Medical expenses can be deducted on the Inheritance Tax return.  

Other upcoming duties/ Executor to Do

Notice of Probate to Beneficiaries  (Attorney will handle)
If charity, notice to Atty General

File notice of Probate with Surrogate (Attorney will handle)

Apply to Federal Tax ID  if there will be several beneficiaries- Either Executor or Attorney can handle

Set up Estate Account at bank (pay all bills from estate account)

Type up list of all assets and all liabilities
Email list to beneficiaries if applicable

Pay Bills  
       List real estate for sale and have attorney prepare, Deed, Affidavit of title and other document

-If mortgage, contact mortgage company for payoff

File first Federal and State Income Tax Return [CPA- ex Marc Kane]

Prepare Inheritance Tax Return and obtain Tax Waivers (Attorney will handle)

Sell applicable assets

If house, select realtor to sell house “as is”

File NJ Tax waivers on real property with County Clerk (Attorney will handle)

Prepare Informal Accounting after assets sold

Prepare Release and Refunding Bond for all beneficiaries to sign (Attorney will handle)
   
Obtain Child Support Judgment clearance (Attorney will handle if needed)

File Release and Refunding Bond with Surrogate after all beneficiaries sign.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500


       Let's review the major duties involved, which we've set out below.

In General.The executor's job is to (1) administer the estate--i.e., collect and manage assets, file tax returns and pay taxes and debts--and (2) distribute any assets or make any distributions of bequests, whether personal or charitable in nature, as the deceased directed (under the provisions of the Will). Let's take a look at some of the specific steps involved and what these responsibilities can mean. Chronological order of the various duties may vary.

 Probate.The executor must "probate" the Will. Probate is a process by which a Will is admitted.  This means that the Will is given legal effect by the court.  The court's decision that the Will was validly executed under state law gives the executor the power to perform his or her duties under the provisions of the Will.

       An employer identification number ("EIN") should be obtained for the estate; this number must be included on all returns and other tax documents having to do with the estate.  The executor should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate.  This gives the executor the authority to deal with the IRS on the estate's behalf.

  Pay the Debts.  The claims of the estate's creditors must be paid. Sometimes a claim must be litigated to determine if it is valid.  Any estate administration expenses, such as attorneys', accountants' and appraisers' fees, must also be paid.

  Manage the Estate.The executor takes legal title to the assets in the probate estate. The probate court will sometimes require a public accounting of the estate assets. The assets of the estate must be found and may have to be collected. As part of the asset management function, the executor may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the executor will have to obtain stock power, tax waivers, file affidavits, and so on.   

  Take Care of Tax Matters.The executor is legally responsible for filing necessary income and estate-tax returns (federal and state) and for paying all death taxes (i.e., estate and inheritance). The executor can, in some cases be held personally liable for unpaid taxes of the estate. Tax returns that will need to be filed can include the estate's income tax return (both federal and state), the federal estate-tax return, the state death tax return (estate and/or inheritance), and the deceased's final income tax return (federal and state). Taxes usually must be paid before other debts. In many instances, federal estate-tax returns are not needed as the size of the estate will be under the amount for which a federal estate-tax return is required.

       Often it is necessary to hire an appraiser to value certain assets of the estate, such as a business, pension, or real estate, since estate taxes are based on the "fair market" value of the assets. After the filing of the returns and payment of taxes, the Internal Revenue Service will generally send some type of estate closing letter accepting the return.  Occasionally, the return will be audited.

Distribute the Assets.  Prior to individuals receiving money Federal law requires a child support lien search so each beneficiary will need to provide their Social Security number prior to inheritance. Your attorney can handle this, upon request. If child support is owed, and not deducted from the person's inheritance, the executor can be personally liable. Each beneficiary must sign a "Release and Refunding Bond". Otherwise, formal Court approval is required to finalize the estate. After all debts and expenses have been paid, the executor will distribute the assets. Frequently, beneficiaries can receive partial distributions of their inheritance without having to wait for the closing of the estate.