Piscataway Public Library Seminar: Remove & Expungement of Criminal Arrests and Convictions

Piscataway Public Library Seminar: Remove & Expungement of Criminal Arrests and Convictions – New Law signed 12/18/19 Free Seminar
March 4 from 7pm-8pm
Piscataway Public Library
500 Hoes Lane
Piscataway NJ 08854
732-463-1633x6 COST: Free if you pre-register. Complimentary materials provided. Please bring a canned food donation, which will be given to an Edison Bank. Please email us if you plan on attending or if you would like us to email the materials.

SPEAKERS: Kenneth Vercammen, Esq. & Allan Marain, Esq. (Ken V Author- Criminal Law Forms by the American Bar Association and Defending DWI and Drug Cases NJ State Bar)
(Allan Marain is a trustee, and chairs the Expungement Committee of the Association of Criminal Defense Lawyers of New Jersey. He is also a past chair of New Jersey Bar Criminal Law Section."

The NJ statute on expungement was revised in a law signed 12/18/19. If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed or received a Conditional Discharge. Under NJ Law past criminal arrests and convictions can be expunged/ erased easier under certain instances. This program will discuss the expungement process. Allan Marain is past chair of Criminal Law Section of the New Jersey State Bar Association. Ken V served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone’s ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement?

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

More info: For more serious charges The Petition for expungement is filed in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal case is finished. For someone who had a drug charge, they can hire an attorney apply for Expungement 6 months after the Conditional Discharge is complete. The statute requires detailed notices served by the attorney on the State Police, Attorney General and numerous other government entities.

Typical Court costs and Legal fees for expungement range from $1,500-$2,500.
Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney where he handles Criminal, Municipal Court, Probate, Civil Litigation and Estate Administration matters. Ken is author of the American Bar Association's new book “Criminal Law Forms” and often lectures to trial lawyers of the American Bar Association, NJ State Bar Association and Middlesex County Bar Association. As the Past Chair of the Municipal Court Section he has served on its board for 10 years.
Awarded the Municipal Court Attorney of the Year by both the NJSBA and Middlesex County Bar Association, he also received the NJSBA- YLD Service to the Bar Award and the General Practitioner Attorney of the Year, now Solo Attorney of the Year.
Ken Vercammen is a highly regarded lecturer on both Municipal Court/ DWI and Estate/ Probate Law issues for the NJICLE- New Jersey State Bar Association, American Bar Association, and Middlesex County Bar Association. His articles have been published by NJ Law Journal, ABA Law Practice Management Magazine, YLD Dictum, GP Gazette and New Jersey Lawyer magazine. He was a speaker at the 2013 ABA Annual meeting program “Handling the Criminal Misdemeanor and Traffic Case” and serves as is the Editor in Chief of the NJ Municipal Court Law Review.
For nine years he served as the Cranbury Township Prosecutor and also was a Special Acting Prosecutor in nine different towns. Ken has successfully handled over one thousand Municipal Court and Superior Court matters in the past 27 years.
His private practice has devoted a substantial portion of professional time to the preparation and trial of litigated matters. Appearing in Courts throughout New Jersey several times each week on Criminal and Municipal Court trials, civil and contested Probate hearings. Ken also serves as the Editor of the popular legal website and related blogs. In Law School he was a member of the Law Review, winner of the ATLA trial competition and top ten in class.
Throughout his career he has served the NJSBA in many leadership and volunteer positions. Ken has testified for the NJSBA before the Senate Judiciary Committee to support changes in the DWI law to permit restricted use driver license and interlock legislation. Ken also testified before the Assembly Judiciary Committee in favor of the first-time criminal offender “Conditional Dismissal” legislation that permits dismissal of some criminal charges. He is the voice of the Solo and Small firm attorneys who juggle active court practice with bar and community activities. In his private life he has been a member of the NJ State champion Raritan Valley Road Runners master’s team and is a 4th degree black belt.
KENNETH VERCAMMEN
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500

Wills, Estate Planning & Probate Seminar

Wills, Estate Planning & Probate Seminar
Sayreville Senior Center
April 15,2020 at 6pm
423 Main Street
Sayreville NJ 08872

Open to the public. You do not need to be a resident.

     SPEAKER: Kenneth Vercammen, Esq. Edison, (Author- ABA’s “Wills and Estate Administration book”)

Main Topics:
1. NJ Estate Tax eliminated
2. The 2020 changes in Federal Estate and Gift Tax
3. Power of Attorneys recommendations
4. Living Will & Advance Directive
5. Administering the Estate/ Probate/Surrogate
6. Avoiding unnecessary expenses and saving your family money

     COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
For information Call Sayreville Senior Center 732-390-7059 Jen Krushinski
jkrushinski@sayreville.com
You don’t have to be a Sayreville resident to attend.
For materials if you can’t attend, email vercammenlaw@njlaws.com
http://www.facebook.com/events/578536936336446/

Fords Branch Library Wills, Estate Planning & Probate Seminar

Fords Branch Library Wills, Estate Planning & Probate Seminar
May 5, 2020 at 6:30pm

Wills & Estate Administration-Protect Your Family and Make Planning Easy Fee program open to the public, you do not need to be a Township resident to attend.
Speaker: Kenneth Vercammen, Esq. Edison, NJ (Author-Wills and Estate Administration by the ABA)

Main Topics:
1. NJ Estate Tax eliminated
2. The 2020 changes in Federal Estate and Gift Tax
3. Power of Attorneys recommendations
4. Living Will & Advance Directive
5. Administering the Estate/Probate /Surrogate
6. Avoiding unnecessary expenses and saving your family money

COMPLIMENTARY MATERIAL: Brochure on Wills, “Answers to Questions abut Probate” and Administration of an Estate, Power f Attorney, Living Wills, Real Estate Sales for Seniors, and Trust.

Fords Library Branch
211 Ford Ave
Fords, NJ 08863
Phone: 732-726-7071
http://woodbridgelibrary.evanced.info/signup/EventDetails?EventId=9804&backTo=Calendar&startDate=2020/05/01

https://www.facebook.com/events/316418032629978/

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

Free Will Seminars and Speakers Bureau for Groups
SPEAKERS BUREAU
At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates. We have attorneys available to speak to businesspersons, educational, civic and social organizations on a wide range of topics during business hours. If your organization in Central NJ would like to schedule a Will & Estates seminar, call Kenneth Vercammen’s Law Office at 732-572-0500 or email Vercammenlaw@njlaws.com

10 years ago the AARP Network Attorneys of the Edison/Metuchen/Woodbridge area several years ago established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. Now, Ken Vercammen, Esq. and volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups
Details on free programs available

These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available:
1. WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND
MAKE PLANNING EASY
2. POWER OF ATTORNEY to permit family to pay your bills if you are temporarily disabled and permit doctors to talk with family
All instructors are licensed attorneys who have been in practice at least 25 years. All instructors are members of the American Bar Association, New Jersey
State Bar Association, and Middlesex County Bar Association. All programs include free written materials.

You don't have to be wealthy or near death to do some thinking about a Will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law.

Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy)?; Mechanics of a Will; "Living Will"; Powers of Attorney; Selecting an executor, trustee, and guardian; Proper Will execution; Inheritance Taxes, Estate Taxes $14,000 annual gift tax exclusion, Bequests to charity, Why you need a "Self-Proving" Will and Estate Administration/ Probate.

Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights.

SPEAKERS BUREAU

At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates. We have attorneys available to speak to businesspersons, educational, civic and social organizations on a wide range of topics during business hours.

In today's complex world, few people can function successfully and safely without competent legal advice. In order to insure your estate plans are legally set up, you need to know exactly where you stand so that you can avoid possibly catastrophic mistakes impacting both you and your family.

About the speaker: Kenneth A. Vercammen is a trial attorney in Edison, NJ. We is the author of the American Bar Association’s book “Wills and Estate Administration”
He is co-chair of the ABA Probate & Estate Planning Law Committee of the American Bar Association Solo Small Firm Division. He is a speaker for the NJ State Bar Association at the annual Nuts & Bolts of Elder Law & Estate Administration program.
He was Editor of the ABA Estate Planning Probate Committee Newsletter. Mr. Vercammen has published over 150 legal articles in national and New Jersey publications on litigation, elder law, probate and trial topics. He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He established the NJlaws website www.njlaws.com which includes many articles on Estate Planning, Probate and Wills. He is a member of the AARP and often lectures to groups on the importance of an up to date Will, Power of Attorney and Living Will.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
www.njlaws.com

Professionals invited to Annual Happy Hour & Networking Social

Professionals invited to Annual Happy Hour & Networking Social
July 10, 2020
Co-sponsored by NJ State Bar Association Sections & several Chambers of Commerce Free event!
at Bar Anticipation 703 16th Ave. Lake Como/Belmar, NJ 07719
5:30-7:55PM Hot & Cold Buffet
The reduced price Happy Hour is 6-7 PM is $2.00 House Drinks, House Wine Bud/BudLt draft
Outdoor & Indoor music, prize giveaways. Bring your friends. Pass this along. Please bring a canned food donation for St. Matthews Edison Foodbank.
Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands. VercammenLaw@Njlaws.com
Bar anticipation is 5 blocks from the Belmar Train Station and 8 blocks from the Ocean boardwalk.

For the past five years, different Professional groups and Sections of the NJ State Bar Association have co-sponsored a Happy Hour and Social event for attorneys and business professionals. The Annual Summer Networking Happy Hour is July 10, 2020 at Bar Anticipation from 5:30-7:30 PM.

We are requesting professional groups serve as co-sponsor for this Happy Hour. There will be no cost to your group, and great benefits for your members. It may even be a source of new members. We only ask that you help publicize the event. There will be a small table to greet members.

Location: Bar Anticipation
703 16th Avenue
Lake Como/Belmar, NJ 07719

Free food 5:15-7:15. The reduced price Happy Hour is 6-7 PM with $2.00 House Drink, House Wine Special or Bud/Bud Light draft. We provide special VIP wristband.

We ask each attendee to bring a canned food donation for the St. Matthews St. Vincent Food Bank.

I hope you will speak to your officers and get back to me as soon as possible.

Who pays the NJ Inheritance tax?

Seminar: Remove & Expungement of Criminal Arrests and Convictions – New Law signed 12/18/19 Free Seminar

March 10 at 7pm-8pm

North Brunswick Public Library
880 Hermann Rd.
North Brunswick, NJ 08902
732-246-3545
https://northbrunswicklibrary.org/all-events
COST: Free if you pre-register. Complimentary materials provided. 

SPEAKERS: Kenneth Vercammen, Esq. & Allan Marain, Esq.          

     (Ken V Author- Criminal Law Forms by the American Bar Association)
     The NJ statute on expungement was revised in a law signed 12/18/19.  If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed or received a Conditional Discharge. Under NJ Law past criminal arrests and convictions can be expunged/ erased easier under certain instances. This program will discuss the expungement process. Allan Marain is past chair of Criminal Law Section of the New Jersey State Bar Association. Ken V served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone’s ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement?

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

     More info: For more serious charges The Petition for expungement is filed in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal case is finished. For someone who had a drug charge, they can hire an attorney apply for Expungement 6 months after the Conditional Discharge is complete. The statute requires detailed notices served by the attorney on the State Police, Attorney General and numerous other government entities.

     Typical Court costs and Legal fees for expungement range from $1,500-$2,500.

Trying to Probate a Photocopy of Will, not original

What to bring on day of signing the Will

Information to provide on Inheritance Tax Return

What is the Executor of Estate in a Probate Case

Estate of Mary Van Riper v. Director, Division of Taxation (082000) (Tax Court & Statewide) (A-51-18; 082000)

Estate of Mary Van Riper v. Director, Division of Taxation (082000) (Tax Court & Statewide) (A-51-18; 082000)

The Court agrees with both the Tax Court and the Appellate Division that the Division properly taxed the entirety of the residence when both life interests were extinguished, and the remainder was transferred to Marita. The property’s transfer, in its entirety, took place “at or after” Mary’s death, and was appropriately taxed at its full value at that time. In light of the estate-planning mechanism used here, any other holding would introduce an intolerable measure of speculation and uncertainty in an area of law in which clarity, simplicity, and ease of implementation are paramount.

HYATT Metlife Legal Plan estate-planning services

HYATT Metlife Legal Plan Wills, Power of Attorney, Living Wills and estate-planning services

   Are you searching for an estate-planning attorney in New Jersey that is part of the HYATT Metlife Legal plan? Look no further than Kenneth Vercammen & Associates. This is a great benefit offered to employees by their employer. 

Normally, with HYATT Metlife Legal Plan we can prepare a Last Will and Testament, Durable Powers of Attorney  and Living Will Health Care proxy with no additional fees. We promise to check your coverage prior to your estate planning appointment so that you will know upfront what is covered under your plan. 

     Under the HYATT Metlife Legal Plan the estate planning portion is covered. If you live in New Jersey and need an estate-planning attorney and have HYATT Metlife Legal Services, call our office today. 

 Every adult should have some sort of Estate Plan in place. Whether it be a Last Will and Testament or other document, you need to have something. If you have HYATT Metlife Legal Plan and would like to meet with one of our qualified estate planning attorneys, call us at 732-572-0500

 Wills and Power of Attorney available for members of HYATT Metlife Legal Plan 

The Law Office of Kenneth Vercammen was selected to serve as a New Jersey Access Attorney for HYATT Metlife Legal Plan and several other major national legal service plans. We prepare Wills, Powers of Attorney and Living Wills for members. 

Why a Will is essential to persons with children or who own property

          

         If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:

* State law determines who gets assets, not you

* Additional expenses will be incurred and extra work will be required to qualify an administrator-Surety Bond, additional costs and legal fees

* Judge determines who gets custody of your children

* Possible additional State inheritance taxes and Federal estate taxes

*  If you have no spouse or close relatives the State may take your property

* The procedure to distribute assets becomes more complicated 

*  It may also cause fights and lawsuits within your family

         When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with financial concerns.  

         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?

What HYATT Metlife members can do to get started… 

HYATT Metlife members should call HYATT Metlife legal at 800.821.6400to obtain an authorization numbers for each Will, Power of Attorney, Codicil and Living Will you want. 

Members can also obtain authorization numbers online at https://members.legalplans.com/Home/

You can always call HYATT Metlife Legal Plans Monday through Thursday 8-7 and Friday 8-6 Eastern Time for assistance and information about your legal plan.

       After obtaining an authorization number, call Kenneth Vercammen’s Law Office for a free confidential consultation and preparation of Wills and estate planning documents- all free to HYATT Metlife members

A Will must not only be prepared within the legal requirements of the New Jersey Statutes but should also be prepared so it leaves no questions regarding your intentions.

WHY PERIODIC  REVIEW IS ESSENTIAL

         

         Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will.  Some of these are:

     

* Marriage, death, birth, divorce or separation affecting either you or anyone named in your Will

* Significant changes in the value of your total assets or in any particular assets, which you own

     

* A change in your domicile

     

* Death or incapacity of a beneficiary, or death, incapacity or change in residence of a named executor, trustee or guardian of infants, or of one of the witnesses to the execution of the Will

* Annual changes in tax law

* Changes in who you like

If you have a current Will, can you change it the next year?

         

         Yes.  A Will may be modified, added to, or entirely changed at any time before your death provided you are mentally and physically competent and desire to change your Will.  You should consider revising your Will whenever there are changes in the size of your estate. For example, when your children are young, you may think it best to have a trust for them so they do not come into absolute ownership of property until they are mature.  Beware, if you draw lines through items, erase or write over, or add notations to the original Will, it can be destroyed as a legal document.  Either a new Will should be legally prepared or a codicil signed to legally change portions of the Will.

         THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH  KENNETH VERCAMMEN’S LAW OFFICE OFTEN INCLUDES IN A WILL

1ST:  DEBTS AND TAXES

2ND: SPECIFIC BEQUESTS

3RD:  DISPOSITION TO SPOUSE

4TH: DISPOSITION OF REMAINDER OF ESTATE

5TH: CREATION OF TRUSTS FOR SPOUSE

6TH: CREATION OF TRUST FOR CHILDREN

7TH: OTHER BENEFICIARIES UNDER 21

8TH: EXECUTORS

9TH: TRUSTEES

10TH: GUARDIANS

11TH: SURETY OR BOND

12TH: POWERS

13TH: AFTERBORN CHILDREN

14TH: PRINCIPAL AND INCOME

15TH: NO ASSIGNMENT OF BEQUESTS

16TH: GENDER

17TH: CONSTRUCTION OF WILL

18TH:  NO CONTEST CLAUSE

       

Kenneth A. Vercammenis an Edison, Middlesex County, NJ trial attorney who has published125 articles in national and New Jersey publications. He is co-chair of the Probate & Estate Planning Committee of the American Bar Association, Solo Division. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association.  

He is a highly regarded lecturer on litigation issues for the American Bar Association, ICLE, New Jersey State Bar Association and Middlesex County Bar Association. New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer have published his articles.  He is the Editor in Chief of the New Jersey Municipal Court Law Review. Mr. Vercammen is a recipient of the NJSBA- YLD Service to the Bar Award.

In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on Criminal personal injury matters, Municipal Court trials, and contested Probate hearings.  He serves as the Editor of the popular legal website www.njlaws.com

KENNETH VERCAMMEN & ASSOCIATES

ATTORNEY AT LAW 

2053 Woodbridge Ave.

 Edison, NJ 08817 

(Phone) 732-572-0500 

(Fax) 732-572-0030 

website: www.njlaws.com

     We  continue to handle the following New Jersey matters for HYATT Metlife Legal Plan members in the following counties:

1. Wills, Probate and Estate Administration in Middlesex County, New Jersey

2.  Criminal Law in Middlesex County  [minimum fee negotiated plea $1,000]

3. Traffic tickets in the towns of Edison, Woodbridge, Metuchen, Highland Park, North  Brunswick [total population of these town over 300,000] minimum fee negotiated plea $200

4. Power of Attorney and Living Wills

5. Contested Probate in Middlesex, Monmouth Counties

      We do not handle civil, matrimonial, real estate, small claims or consumer matters.

          

What is Per Stirpes?

       The Uniform Probate Code states:

Per Stirpes. If a governing instrument [The Will or Trust] calls for property to be distributed “per stirpes,” the property is divided into as many equal shares as there are (i) surviving children of the designated ancestor and (ii) deceased children who left surviving descendants. 

      Each surviving child, if any, is allocated one share. The share of each deceased child with surviving descendants is divided in the same manner, with subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants.

NJ statute 3B: 1-2 (2013)

"Per Stirpes." If a governing instrument requires property to be distributed "per stirpes," the property is divided into as many equal shares as there are: (1) surviving children of the designated ancestor; and (2) deceased children who left surviving descendants. Each surviving child is allocated one share. The share of each deceased child with surviving descendants is divided in the same manner, with subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants.

NJ statute 3B: 3-41. Issue and descendants to take by representation.

   Where under any governing instrument provision is made for the benefit of issue and descendants and no contrary intention is expressed, the issue or descendants shall take by representation.

Uniform Probate Code statesSECTION 2-709. REPRESENTATION; PER CAPITA AT EACH GENERATION; PER STIRPES. 

(a) [Definitions.] In this section:
(1) “Deceased child” or “deceased descendant” means a child or a descendant who either predeceased the distribution date or is deemed to have predeceased the distribution date under Section 2-702. 

(2) “Distribution date,” with respect to an interest, means the time when the interest is to take effect in possession or enjoyment. The distribution date need not occur at the beginning or end of a calendar day, but can occur at a time during the course of a day. 

(3) “Surviving ancestor,” “surviving child,” or “surviving descendant” means an ancestor, a child, or a descendant who neither predeceased the distribution date nor is deemed to have predeceased the distribution date under Section 2-702. 

 (b) [Representation; Per Capita at Each Generation.] If an applicable statute or a governing instrument [The Will or Trust]  calls for property to be distributed “by representation” or “per capita at each generation,” the property is divided into as many equal shares as there are (i) surviving descendants in the generation nearest to the designated ancestor which contains one or more surviving descendants (ii) and deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the distribution date. 

(c) [Per Stirpes.] If a governing instrument [The Will or Trust]  calls for property to be distributed “per stirpes,” the property is divided into as many equal shares as there are (i) surviving children of the designated ancestor and (ii) deceased children who left surviving descendants. Each surviving child, if any, is allocated one share. The share of each deceased child with surviving descendants is divided in the same manner, with subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants. 

(d) [Deceased Descendant With No Surviving Descendant Disregarded.] For the purposes of subsections (b) and (c), an individual who is deceased and left no surviving descendant is disregarded, and an individual who leaves a surviving ancestor who is a descendant of the designated ancestor is not entitled to a share. 

Comment 

Purpose of New Section. This new section provides statutory definitions of “representation,” “per capita at each generation,” and “per stirpes.” Subsection (b) applies to both private instruments and to provisions of applicable statutory law (such as Sections 2-603, 2- 706, and 2-707) that call for property to be divided “by representation.” The system of representation employed is the same as that which is adopted in Section 2-106 for intestate succession. 

http://www.uniformlaws.org/shared/docs/probate%20code/upc%202010.pdf

Middlesex County Probate & What is the Executor of Estate in a Probate Case

Middlesex County Probate & What is the Executor of Estate in a Probate Case

The Will sets forth who will be the Executor of Estate after the person dies. If there is no Will, a much more complicated procedure must be started for a family member to become an Administrator of the estate.

The Executor becomes the person who carries out the terms of the Will after visiting the Surrogate and receiving official papers from the surrogate.

       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.

  In Middlesex County, contact Middlesex County Surrogate

Middlesex County Admin Bldg  1st Floor

P.O. Box 790

75 Bayard Street

New Brunswick, NJ 08903-0790

(732) 745-3055

(732) 745-4125 fax

       An employer identification number ("EIN") should be obtained for the estate if there are several beneficiaries; 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 l title to the assets in the probate estate. 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 tax waivers, file affidavits, and so on.   

Executor and Attorney to do 

Bring Will to Surrogate and obtain Executor’s Certificate

After you receive papers from Surrogate, 

go to post office and do a change of address, 

 maybe change locks on house if needed

Apply to Federal Tax ID # if needed

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

Notice of Probate to Beneficiaries  (Atty)

If charity, notice to Atty General   (Atty)

File notice of Probate with Surrogate (Atty)

Prepare Inheritance Tax Return and obtain Tax Waivers (Atty)

Type up list of all assets and all liabilities

Email to beneficiaries if applicable

Pay Bills  

File NJ Tax waivers on real property with County Clerk with(Atty) 

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

Sell applicable assets

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

Prepare Informal Accounting after assets sold

   Prepare Release and Refunding Bond (Atty)

   Obtain Child Support Judgment search if needed

File Release and Refunding Bond with Surrogate after all beneficiaries sign.