Challenging the admission of a dubious Will to probate. Contested Probate, Will/Trust Inheritance Contests
If you have evidence a Will was not prepared properly, the signer was incompetent, there was undue influence, you may be able to prevent the filing of the Will in probate if you immediately hire an attorney to file a Caveat to the Will, or a Complaint to revoke the Will.
Do you think you're entitled to money or might be entitled to money from an estate or trust? Do you believe that someone is unfairly claiming money or property that is rightfully yours? If so, and you are a prospective plaintiff or defendant, then you may need an attorney to protect your rights.
These areas are extremely complex, and you should not attempt to reach a decision on whether or not to take action (and, if so what action to take) without the assistance of counsel.
Ken Vercammen’s office charges a $200 consult fee either in person or over the phone.
A Caveat Is a formal notice by someone to prevent the proving of a Will or the grant of administration of an Estate. To prevent the admission of a Will, a formal caveat must be filled with the Surrogate prior to the Will being presented to the Surrogate. A Will cannot be admitted to probate for ten days. Thus, it is best to have caveat filled immediately if you anticipate a new Will was drafted shortly before death or you suspect undue influence.
A consent agreement to withdraw the caveat can later be signed.
NJSA 3B -3-22 A Will cannot be admitted to probate for ten days
Time for probate of will; preliminary filing
No will shall be admitted to probate until after 10 days from the death of the testator; but the complaint and other papers in any action for the probate of a will may be filed, and the depositions of the witnesses thereto and the qualification of the executor or administrator with the will annexed may be taken at any time subsequent to the death of the testator and before the will is admitted to probate.
NJ RULE 4:82. MATTERS IN , WHICH THE SURROGATE'S COURT MAY NOT ACT
Unless specifically authorized by order or judgment of the Superior Court, and then only in accordance with such order or judgment, the Surrogate's Court shall not act in any matter in which
(1) a caveat has been filed with it before the entry of its judgment;
(2) a doubt arises on the face of a will or a will has been lost or destroyed;
(3) the application is to admit to probate a writing intended as a will as defined by N.J.S.A. 3B:3-2(b) or N.J.S.A. 3B:3-3;
(4) the application is to appoint an administrator pendente lite or other limited administrator;
(5) a dispute arises before the Surrogate's Court as to any matter; or
(6) the Surrogate certifies the case to be of doubt or difficulty.
Sometimes a proper Will is admitted to probate, but there is a believe the Executor is not properly doing the job.
If there is no dispute on the validity of the Will, sometimes the Executor does not do their job and you want to have the Executor removed and replaced.
Under New Jersey Law, the person selected as an executor of a Will have numerous legal responsibilities following the death of the person who signed the Will. Primarily, they have a duty to probate the Will, liquidate assets, pay bills and taxes, file all necessary court and tax returns, and then distribute the assets to beneficiaries
Unfortunately, the Executor occasionally fails to timely carry out their duties. They may fail to timely file tax returns, fail to keep records, misappropriate assets or ignore instructions under the Will.
In this case the Executor __ has failed to comply with theDuties of Executor in Probate & Estate Administration to:
1. Conduct a thorough search of the decedent's personal papers and effects for any evidence, which might point them in the direction of a potential asset, namely mineral rights;
2. Keep records of expenses
3. Timely Sell real estate
4 Timely File required inheritance tax returns and provide a copy to beneficiaries.
It is unclear if the executor timely preformed the below duties:
Apply to Federal Tax ID #
Set up Estate Account at bank (pay all bills from estate account)
Pay Bills
Notice of Probate to Beneficiaries
File notice of Probate with Surrogate
Prepare Inheritance Tax Return and obtain Tax Waivers
File waivers within 8 months upon receipt
Prepares a accurate Informal Accounting
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
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Contested Probate / Questions on removing executor in Estate Administration
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. Consult fee $200.
PLEASE PRINT
YOUR NAME _____________________________________________
ADDRESS _______________________________________________
CITY ______________________ STATE ____ ZIP _____________
CELL (____)_____________________________________________
PHONE-DAY(____)_______________ NIGHT (____)______________
Email _______________________________________________
Decedent’s Name _______________________________________
Date of Death (mm/dd/yy) ___ ___ /___ ___ /___ ___ ___ ___
Referred By: __________________________________________
If referred by a person, is this a client or attorney? If you heard about the law office on the internet, which search engine? What search terms did you use?
Your relation to the person who passed away: __________________
Date of Will? (mm/dd/yy) ___ ___ /___ ___ /___ ___ ___ ___
(If no will, write "no will")
Location of original Will __________________________________
TODAY'S DATE ____/_____/__________
contested Probate Q interview rev 4/20/18
*All Pages and Information must be filled out priorto seeing the Attorney. The Surrogate’s Office and the Inheritance Tax Bureau require this information.
Indicate if Surrogate "Probate letters" were issued and County where issued:
________________________________________________
ADVERSARY PARTIES IF ANY: ___________________________________
ADDRESS OF THE OTHER PARTY: __________________________________
DESCRIPTION OF MATTER:
Are you challenging the Will on the grounds of incapacity or Undue Influence? If yes, provide details on incapacity or undue influence.
Details of wrongdoing:
What are your goals? What do you want to happen?
Do you currently have an attorney or have you discussed your matter with another attorney? ____________________________________________________
Use back of sheet or additional pages for more details or more questions.
*The following questions were required by the Surrogate's Office and the Inheritance Tax Bureau to be answered. Please answer all these questions to the best of your knowledge so we can best help you. If none, write none.
SCHEDULE “A” REAL PROPERTY If none, write none
1. Street and Number _____________________________________
Town: ____________________
Title/Owner of Record: _______________
Full Market Value of Property: $____________________
Any other Real Estate: $______________________
SCHEDULE “B (1)” BANK ACCOUNTS, STOCK, CD, OTHER ASSETS
All Other Personal Property Owned Individually or Jointly; Market Value, Indicate the Manner of Registration at Date of Death.
If none, write none for each line
Bank Account - Name of Bank, Acct. # _____________ $_________
___________________________________________$_________
___________________________________________ $_________
Other assets over $10,000 ______________________ $_________
___________________________________________ $_________
___________________________________________ $_________
___________________________________________ $_________
BENEFICIARIES
(State full names and addresses of all who have an interest in estate)
HEIRS AT LAW/
NEXT OF KIN: RELATIONSHIP: % INTEREST:
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
What questions do you have?Write down below. How can we help you?
Is there anything else important?
______________________________________________________
______________________________________________________
______________________________________________________
New clients: When you come into the office would you like:
Free T-Shirt __, Pen ___, key chain ___, Calendar ___
All new clients are entitled to receive our Free Email Newsletter featuring updates in Probate, Traffic Law, and Personal Injury/ Insurance. Thank you.
We do not handle cases on contingency and all clients are required to pay an upfront retainer. In a contested probate case up front retainers are usually minimum $5,000 or more. We do not know any attorneys in Central New Jersey that handle cases on a contingency as in personal injury cases with insurance companies or handle cases on payment plan.
1. Attach a photocopy (not original) of the decedent’s Will, This is required by the Surrogate's Office).
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
AGREEMENT TO PROVIDE LEGAL SERVICES- PROBATE
THIS AGREEMENT, dated _______________________ is made
BETWEEN the Client__________________referred to as "You"
and Kenneth Vercammen & Associates, PCreferred to as the "Law Firm"
1. Deceased. The person who died is__________________
who formerly resided in_____________ and is referred to as the Deceased
2. Estate of the Deceased. You wish to have an accounting of the assets and income from the estate.
3. Legal Services To Be Provided. You agree that the Law Firm will provide legal services to you. The legal work includes:
(a) reviewing and analyzing the Estate or Will and advising you as to potential methods to contest the Will and/or the way the Executor is handling the estate
(b) advising you what must be done;
(c) filing a Complaint at the Courthouse to request an Accounting
File a Verified Complaint and Order to Show Cause requesting the following:
1. That the named executor be ordered to provide an accounting of the estate to plaintiff and sell any remaining Real Estate and assets
2 Executor be ordered to provide an accounting for all assets of dated five years prior to death if they had access to assets
3 That the Executor be removed as the executor/administrator of the estate and that another family member be named as administrator of the estate.
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 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.
6 Prepare and serve Interrogatory Questions and Demand for Documents on the Executor to answer.
4. Legal Fees. At this time, it is impossible to tell exactly how much time and effort will be required of the Law Firm to properly represent you.
[ X] Hourly Rate. You agree to pay the Law Firm for legal services at the following rates:
Rate Per Hour
$350.00 out of court
$375.00 in Court or out of office time
You will be billed at these hourly rates for all services rendered. This includes telephone calls (minimum charge of 1/4 hour), dictating and reviewing letters, travel time to and from meetings and the Court, legal research, negotiations and any other service relating to this matter.
We do not handle cases on a contingency.
5. Payment of Fees. The agreed upon fees will be paid as follows: (check if applicable)
[ X] Schedule of Payments.
initial payment: $5,000
Please make checks payable to Kenneth Vercammen, PC
[ X ] Bills. The Firm will send you itemized bills from time to time. In addition, when the portion of the Initial Retainer remaining unbilled falls below $500.00, a subsequent retainer of at least $1,000.00 will be required; with further retainer payments being required on the same basis.
We suggest a credit card number to be used as security. You permit bills to be submitted to you credit card company.
Credit card number: _________________________________
Credit card company: ______________________
For your convenience, we accept credit cards by email, over the phone, and PayPal. You can also make appointment to bring in check or cash or pay by credit card during office hours, mail in retainer check or drop off retainer check through front door mail slot on weekends and evenings.
6. Costs and Expenses. In addition to legal fees, you must pay the following costs and expenses:
Court costs, and if requested by you any accountants' fees, appraisers' fees, service fees, Experts fees, investigator fees, deposition costs, messenger services, and any other necessary expenses in this matter.
If bills remain unpaid and collection efforts required, the firm will be entitled to collect an amount equal to the amount due, all court costs, plus 20% of the outstanding amount as a collection fee, pursuant to the case of FirstMorris Bank v Roland Offset Services357 NJ Super. 68 (App. Div 2003). As set forth by the Court decision of Hrycak v Kiernan367 NJ Super. 237 (App. Div. 2004) a reasonable attorney fee shall be paid if collection, fee arb or proceedings to enforce a fee arb are instituted.
7. We agree to provide conscientious, competent and diligent services on the issues you provided us at the initial consultation after we have been paid. After retained we will seek to achieve solutions, which are just and reasonable for you. We include:
1. Telephone call with client;
2. Office consultation with client;
3. Offer sound legal advice to client, plus access to our legal info website www.njlaws.com
4. Preparation of statement to provide legal services;
5. Opening of file and client may have free client case folder, brochures;
6. Review of necessary statutes and case law;
7. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases;
8. Review documents supplied by client and court;
9. Preparation of End of Case Letter and client questionnaire;
10. Free Brochures provided on other legal topics such as Worker's Comp, Wills, Personal Injury;
11. Free monthly update e-mail newsletter. Provide your email address;
12. Follow up telephone advice. If you call, provide the specific questions with the message. Your Attorney on Retainer for the next year;
13. Invitation to client socials/ seminars and Community events via email;
14. Hold and maintain file for seven years in storage as free client service;
15. Free T-shirt, promo items and estate planning book. Please ask Ken V or staff upon retaining the office.
8. Your Responsibility.
If you have not already done so, prepare a double spaced typed narrative of the case to provide to the Court. You may be required by the Court to Answer Interrogatory Questions and appear at a deposition. This narrative will help the court and our office.
We do not represent you until all fees are paid. You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter. You must follow the instructions of your attorney. You must also pay all bills required by this Agreement. If you do not comply with these requirement, the Law Firm may withdraw from representing you. The Law Firm will also withdraw at your request.
Signatures. You and the Law Firm have read and agree to this Agreement. The Law Firm has answered all of your questions and fully explained this Agreement to your complete satisfaction. You have been given a copy of this Agreement.
--------------------------- ----------------------------
KENNETH A. VERCAMMEN Attorney CLIENT
No comments:
Post a Comment