Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Ave.
Edison, NJ 08817
(732) 572-0500
www.njlaws.com

Tuesday, February 20, 2018

3B :12-64. When authority and responsibility of guardian terminate.

3B :12-64.  When authority and responsibility of guardian terminate.

   a.   The authority and responsibility of a guardian of the person or estate of an incapacitated person terminate upon:

   (1)   the death, resignation or removal of the guardian;

   (2)   upon the death of the incapacitated person; or

   (3)   upon the entry of a judgment adjudicating the restoration of competency or termination of guardianship for other reasons.

   b.   However, termination does not affect the guardian's liability for prior acts, nor the guardian's obligation to account for funds and assets of the ward.

   c.   Notwithstanding the termination of the guardianship, the guardian may make final burial and funeral arrangements if the body remains unclaimed for five days and may pay for burial and funeral costs, Surrogate fees of administration, probate and bond from the guardianship account.  Resignation of a guardian does not terminate the guardianship unless it has been approved by a judgment of the court.

   d.   Upon the death of an incapacitated person the guardian shall provide written notification to the Surrogate and shall provide the Surrogate with a copy of the death certificate within seven days of the guardian's receipt of the death certificate.

3B :12-63 . Guardian's final account and delivery of property upon termination of guardianship.

 3B :12-63 . Guardian's final account and delivery of property upon termination of guardianship.

   Upon termination of the guardianship, pursuant to N.J.S.3B:12-64 the guardian, after the allowance of his final account, shall pay over and distribute all funds and properties of the former ward or to the estate of the former ward in accordance with the order of the court.

Monday, February 19, 2018

Rule 4:87-9. Dispensing With Accounting by Agreement

4:87-9. Dispensing With Accounting by Agreement
If all parties interested in any separable part of an account, such as income, are of full age and

competent, and so agree in writing, there need be no accounting as to the same.

Rule 4:87-8. Exceptions

Rule 4:87-8. Exceptions
In all actions for the settlement of accounts, other than plenary actions, any interested person
may, at least 5 days before the return of the order to show cause or within such time as the
court allows, serve the accountant written exceptions, signed by that person or his or her
attorney, to any item in or omission from the account, including any exceptions to the
commissions or attorney's fees requested. The exceptions shall state particularly the item or
omission excepted to, the modification sought in the account and the reasons for the

modification. An exception may be stricken because of its insufficiency in law.

4:87-7. Report of Guardian Ad Litem

4:87-7. Report of Guardian Ad Litem
A guardian ad litem for a minor or mentally incapacitated person shall file a written report with
the court at least 7 days prior to the day on which the account is settled. If the guardian applies
for the allowance of a fee in excess of $1,000 the report shall include, or be accompanied by, an
affidavit of services. Notice of all applications for allowances shall be given as provided by R.

4:26-2(c).

Rule 4:87-4. Service

4:87-4. Service
 a) Process shall be the order to show cause. If the names and addresses of all parties
interested in the account are known, the order to show cause together with a copy of the
complaint, both certified by plaintiff's attorney to be true copies, shall be mailed by
registered or certified mail, return receipt requested, as follows: to all such persons who
reside in the State at least 20 days prior to the return date; to all such persons who
reside outside this State but within a state of the United States or the District of
Columbia, at least 30 days prior to the return date; and to all such persons who reside
outside the United States at least 60 days prior to the return date. If any person
interested is a minor or mentally incapacitated person and except as otherwise provided
by R. 4:26-3 (virtual representation), service shall be made on the person or persons
upon whom a summons would have to be served pursuant to R. 4:4-4(a)(2) and (3)
unless a guardian ad litem is required under R. 4:26-2. A surety on the fiduciary's bond
shall be deemed an interested person. Upon the request of any interested party a copy of
the account shall be furnished by the fiduciary prior to the date of hearing.
(b) If the names or addresses of any persons interested in the account are unknown,
notice of the accounting shall be given to the Attorney General at least 45 days prior to
the return date, and plaintiff shall file an affidavit of inquiry as to such names or
addresses made in accordance with R. 4:4-5(b). The court may then enter such order for
service of process as it deems proper including publication of a notice of the proceedings
in accordance with R. 4:4-5(a)(3) at least 30 days before the return date.
(c) Proof of mailing, and of publication where ordered, shall be filed before the account is
allowed.
Note: Source-R.R. 4:106-3. Former R. 4:87-3 deleted and new R. 4:87-4 adopted June 29, 1990 to be effective
September 4, 1990; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a) and (b)
amended July 5, 2000 to be effective September 5, 2000; paragraph (a) amended July 12, 2002 to be effective

September 3, 2002; paragraph (b) amended July 23, 2010 to be effective September 1, 2010.

4:87-3. Form of Account; Statement of Assets to Be Annexed to Account

4:87-3. Form of Account; Statement of Assets to Be Annexed to Account
a) Form of Account. The charges and allowances as to principal and income and the
statements required to be annexed to the account may be typed or in the form of
computer or machine printouts; and, where appropriate, the accountant may use a single
schedule for the presentation of portions of the account, but charges and allowances as
to corpus and income shall be stated separately.
(b) Statement to Be Annexed to Account. To all accounts shall be annexed:
(1) a full statement or list of the investments and assets composing the balance
of the estate in the accountant's hands, setting forth the inventory value or the
value when the accountant acquired them and the value as of the day the account
is drawn, and also stating with particularity where the investments and assets are
deposited or kept and in what name;
(2) a statement of all changes made in the investments and assets since they
were acquired or since the day of the last account, together with the date the
changes were made;
(3) a statement as to items apportioned between principal and income, showing
the apportionments made;
(4) a statement as to apportionments made with respect to transfer inheritance
or estate taxes;
(5) a statement of allocation if counsel fees, commissions and other
administration expenses have been paid out of corpus, but the benefits of the
deductions from corpus have been allocated in part or in whole to income
beneficiaries for tax purposes; and
(6) a statement showing how the commissions requested, with respect to corpus,
are computed, and in summary form the assets or property, if any, not appearing

in the account on which said commissions are in part based.