Sayreville Wills & Power of Attorney Seminar

 Sayreville Wills & Power of Attorney Seminar

Sayreville Public Library via zoom

May 24, 2021 at 6pm

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”)

To register go to:

http://engagedpatrons.org/EventsExtended.cfm?SiteID=1717&EventID=431552&PK=

New Main Topics:

1.Handling Probate during Covid and while Government offices closed

2.Dangers If You Have No Will or documents invalid

3.Getting your Estate Planning Documents done when you can’t go into a law office

4.What goes into a Will

5.Power of Attorneys recommendations

6.Living Will & Advance Directive for Medical Care

7.Administering the Estate/Probate /Surrogate

8.NJ Estate Tax eliminated and Inheritance Tax reduced

9.Avoiding unnecessary expenses and saving your family money

      

WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND MAKE PLANNING

This event is free & open to the public.

For information 732.727.0212  

Sayreville Library "Aziza Haque (Sayreville)" ahaque@lmxac.org

1050 Washington Road   

Parlin NJ 08859

More info at https://www.facebook.com/events/905204620319177

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

 

 

New Jersey's CARE Act

 New Jersey's CARE Act

      In 2015, New Jersey’s CARE Act went into effect. The CARE Act helps support the 1.1 million family caregivers in the Garden State as their loved ones go into the hospital and transition home. The CARE Act requires hospitals to:

1. Identify a designated family caregiver when a patient is admitted.

2. Notify the caregiver when the patient is to be moved or discharged.

3. Provide the caregiver with adequate care instructions following the patient’s discharge from the hospital.

      For many, family caregiving is more than just household chores and rides to the doctor. Family caregivers are often asked to perform medical tasks such as medication changes and wound care – tasks that require adequate preparation and training. The CARE Act helps to ensure that family caregivers get the necessary training before their loved one is discharged home. Source From AARP:

 

 

The STATUTE:

 

CHAPTER 68

 

AN ACT concerning designated caregivers and supplementing Title 26 of the Revised Statutes.

 

     BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

 

C.26:2H-5.24  Findings, declarations relative to designated caregivers.

     1.    The Legislature finds and declares that:

     a.    According to the American Association of Retired Professional’s Public Policy Institute, at any given time, an estimated 1.75 million people in New Jersey provide varying degrees of unreimbursed care to adults with limitations in daily activities.  The total value of the unpaid care to individuals in need of long-term services and supports amounts to an estimated $13 billion per year.

     b.    Caregivers are often members of the individual’s immediate family, but friends and other community members also serve as caregivers.  Although most caregivers are asked to assist an individual with basic activities of daily living, such as mobility, eating, and dressing, many are expected to perform complex tasks on a daily basis, such as administering multiple medications, providing wound care, and operating medical equipment.

     c.    Despite the vast importance of caregivers in the individual’s day-to-day care, and despite the fact that 78 percent of caregivers report managing multiple medications, administering injections, and performing other health maintenance tasks, research has shown that many caregivers feel that they do not have the necessary skill set to perform the caregiving tasks they are asked to perform when a loved one is discharged from the hospital. 

     d.    The federal Centers for Medicare & Medicaid Services (CMS) estimates that $17 billion in Medicare funds is spent each year on unnecessary hospital readmissions.  Additionally, hospitals desire to avoid the imposition of new readmission penalties under the federal “Patient Protection and Affordable Care Act,” Pub.L.111-148, as amended by the “Health Care and Education Reconciliation Act of 2010,” Pub.L.111-152 (ACA).

     e.    In order to successfully address the challenges of a surging population of older adults and others who have significant needs for long-term services and supports, the State must develop methods to enable caregivers to continue to support their loved ones at home and in the community, and avoid costly hospital readmissions.

     f.     The New Jersey Hospital Association and hospitals in its Hospital Engagement Network have utilized transitional caregiver models to reduce readmissions by over 13 percent from January 2012 to December 2013, leading to 5,492 fewer patients being readmitted during that time, at a cost savings of over $52 million.

     g.    Therefore, it is the intent of the Legislature that this act enables caregivers to provide competent post-hospital care to their family and other loved ones, at minimal cost to the taxpayers of this State.

 

C.26:2H-5.25 Definitions relative to designated caregivers.

     2.    As used in this act:

     “After-care assistance” means any assistance provided by a caregiver to a patient following the patient’s discharge from a hospital that is related to the patient’s condition at the time of discharge, including, but not limited to: assisting with basic activities of daily living; instrumental activities of daily living; and other tasks as determined to be appropriate by the discharging physician or other health care professional licensed pursuant to Title 45 or Title 52 of the Revised Statutes.

     “Caregiver” means any individual designated as a caregiver by a patient pursuant to this act who provides after-care assistance to a patient in the patient’s residence. The term includes, but is not limited to, a relative, spouse, partner, friend, or neighbor who has a significant relationship with the patient.

     “Discharge” means a patient’s exit or release from a hospital to the patient’s residence following any medical care or treatment rendered to the patient following an inpatient admission.

     “Entry” means a patient’s admission into a hospital for the purposes of receiving inpatient medical care.

     “Hospital” means a general acute care hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

     “Residence” means the dwelling that the patient considers to be the patient’s home.  The term shall not include any rehabilitation facility, hospital, nursing home, assisted living facility, or group home licensed by the Department of Health.

 

C.26:2H-5.26  Designation of caregiver.

     3. a. A hospital shall provide each patient or, if applicable, the patient’s legal guardian, with an opportunity to designate at least one caregiver following the patient’s entry into a hospital, and prior to the patient’s discharge to the patient’s residence, in a timeframe that is consistent with the discharge planning process provided by regulation.  The hospital shall promptly document the request in the patient’s medical record.

     b.    In the event that the patient is unconscious or otherwise incapacitated upon entry into the hospital, the hospital shall provide the patient or the patient’s legal guardian with an opportunity to designate a caregiver within a given timeframe, at the discretion of the attending physician, following the patient’s recovery of consciousness or capacity.  The hospital shall promptly document the attempt in the patient’s medical record.

     c.    In the event that the patient or legal guardian declines to designate a caregiver pursuant to this act, the hospital shall promptly document this declination in the patient’s medical record.

     d.    In the event that the patient or the patient’s legal guardian designates an individual as a caregiver under this act:

     (1)   The hospital shall promptly request the written consent of the patient or the patient’s legal guardian to release medical information to the patient’s designated caregiver following the hospital’s established procedures for releasing personal health information and in compliance with all State and federal laws, including the federal "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191, and related regulations.

     (a)   If the patient or the patient’s legal guardian declines to consent to release medical information to the patient’s designated caregiver, the hospital is not required to provide notice to the caregiver under section 4 of P.L.2014, c.68 (C.26:2H-5.27) or provide information contained in the patient’s discharge plan under section 5 of P.L.2014, c.68 (C.26:2H-5.28).

     (2)   The hospital shall record the patient’s designation of caregiver, the relationship of the designated caregiver to the patient, and the name, telephone number, and address of the patient’s designated caregiver in the patient’s medical record.

     e.    A patient or the patient’s legal guardian may elect to change the patient’s designated caregiver at any time, and the hospital must record this change in the patient’s medical record before the patient’s discharge.

     f.     This section shall not be construed to require a patient or a patient’s legal guardian to designate any individual as a caregiver.

     g.    A designation of a caregiver by a patient or a patient’s legal guardian does not obligate the designated individual to perform any after-care assistance for the patient.

     h.    In the event that the patient is a minor child, and the parents of the patient are divorced, the custodial parent shall have the authority to designate a caregiver.  If the parents have joint custody of the patient, they shall jointly designate the caregiver.

 

C.26:2H-5.27  Notification to designated caregiver of discharge, transfer.

     4.    A hospital shall notify the patient’s designated caregiver of the patient’s discharge or transfer to another facility as soon as possible and, in any event, upon issuance of a discharge order by the patient’s attending physician.  In the event the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient, or an appropriate discharge of the patient.  The hospital shall promptly document the attempt in the patient’s medical record.

 

C.26:2H-5.28  Hospital to consult with designated caregiver.

     5. a. As soon as possible prior to a patient’s discharge from a hospital to the patient’s residence, the hospital shall consult with the designated caregiver and issue a discharge plan that describes a patient’s after-care assistance needs, if any, at the patient’s residence.  The consultation and issuance of a discharge plan shall occur on a schedule that takes into consideration the severity of the patient’s condition, the setting in which care is to be delivered, and the urgency of the need for caregiver services.  In the event the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient, or an appropriate discharge of the patient.  The hospital shall promptly document the attempt in the patient’s medical record.  At a minimum, the discharge plan shall include:

     (1)   The name and contact information of the caregiver designated under this act;

     (2)   A description of all after-care assistance tasks necessary to maintain the patient’s ability to reside at home; and

     (3)   Contact information for any health care, community resources, and long-term services and supports necessary to successfully carry out the patient’s discharge plan, and contact information for a hospital employee who can respond to questions about the discharge plan after the instruction provided pursuant to subsection b. of this section.

     b.    The hospital issuing the discharge plan must provide caregivers with instructions in all after-care assistance tasks described in the discharge plan.  Training and instructions for caregivers may be conducted in person or through video technology, at the discretion of the caregiver.  Any training or instructions provided to a caregiver shall be provided in non-technical language, to the extent possible.  At a minimum, this instruction shall include:

     (1)   A live or recorded demonstration of the tasks performed by an individual designated by the hospital, who is authorized to perform the after-care assistance task, and is able to perform the demonstration in a culturally-competent manner and in accordance with the hospital’s requirements to provide language access services under State and federal law;

     (2)   An opportunity for the caregiver to ask questions about the after-care assistance tasks; and

     (3)   Answers to the caregiver’s questions provided in a culturally-competent manner and in accordance with the hospital’s requirements to provide language access services under State and federal law.

     c.    Any instruction required under this act shall be documented in the patient’s medical record, including, at a minimum, the date, time, and contents of the instruction.

 

C.26:2H-5.29  Construction of act relative to advanced care directive.

     6. a.  Nothing in this act shall be construed to interfere with the rights of an agent operating under a valid advance directive pursuant to the provisions of the “New Jersey Advance Directives for Health Care Act,” P.L.1991, c.201 (C.26:2H-53 et al.), the "New Jersey Advance Directives for Mental Health Care Act," P.L.2005, c.233 (C.26:2H-102 et al.), or the “Physician Orders for Life-Sustaining Treatment Act,” P.L.2011, c.145 (C.26:2H-129 et al.).

     b.    A patient may designate a caregiver in an advance directive.

 

C.26:2H-5.30  Construction of act relative to private right of action against hospital.

     7. a. Nothing in this act shall be construed to create a private right of action against a hospital, a hospital employee, or any consultants or contractors with whom a hospital has a contractual relationship.

     b.    A hospital, a hospital employee, or any consultants or contractors with whom a hospital has a contractual relationship shall not be held liable, in any way, for the services rendered or not rendered by the caregiver to the patient at the patient’s residence.

     c.    Nothing in this act shall be construed to obviate the obligation of an insurance company, health service corporation, hospital service corporation, medical service corporation, health maintenance organization, or any other entity issuing health benefits plans to provide coverage required under a health benefits plan. 

     d. (1)  A caregiver shall not be reimbursed by any government or commercial payer for after-care assistance that is provided pursuant to this act.

     (2)   Nothing in this act shall be construed to impact, impede, or otherwise disrupt or reduce the reimbursement obligations of an insurance company, health service corporation, hospital service corporation, medical service corporation, health maintenance organization, or any other entity issuing health benefits plans.

 

C.26:2H-5.31  Discharge, transfer of patient unaffected.

     8.    Nothing in this act shall delay the discharge of a patient, or the transfer of a patient from a hospital to another facility. 

 

C.26:2H-5.32  Rules, regulations.

     9.    The Department of Health, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act including, but not limited to, regulations to further define the content and scope of any instructions provided to caregivers.

 

     10.  This act shall take effect  on the 180th day following the date of enactment.

 

     Approved November 13, 2014.

 

How the Executor under the Will can obtain a tax ID number for the Estate. Also to be used by Administrator of Estate where there is no Will.

    How the Executor under the Will can obtain a tax ID number for the Estate. Also to be used by Administrator of Estate where there is no Will.

        The decedent and their estate are separate taxable entities.  The Executor will need to obtain a tax ID number for the estate from the IRS. If no Will, the Executor duties are handled by the Administrator. An estate’s tax ID number is called an “employer identification number,” or EIN, and comes in the format 12-345678X. The Executor can apply online for this number. The ITS calls it the Employer Identification Number (EIN) even though there is no employer.

 

EIN

An Employer Identification Number (EIN) is also known as a federal tax identification number.  It is also used by the IRS for estates and trusts. The EIN number is needed by the bank to open an Estate Account.

         The Executor should have the death Certificate and surrogate papers in front of them when contacting the IRS.

 

The Executor can apply for an EIN on-line, over the telephone, via fax or through the mail. See the instructions for Form SS-4 , Application for Employer I.D. Number, for further details. http://www.irs.gov/pub/irs-pdf/iss4.pdf

 

•   To apply on-line, use the on-line EIN application available at http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Apply-for-an-Employer-Identification-Number-(EIN)-Online

•    

•   To get an EIN over the IRS's toll-free telephone number, call (800) 829-4933.   See EIN Toll-Free Telephone Service for more information.

•    

•   To request an EIN via fax, 24 hours a day / 7 days a week, Taxpayers can fax the completed Form SS-4 (PDF) http://www.irs.gov/pub/irs-pdf/fss4.pdf

Then fax to Fax Attn: EIN Operation Cincinnati, OH 45999 

Fax-TIN: 859-669-5760 

 

To receive an EIN through the mail, complete Form SS-4 . http://www.irs.gov/pub/irs-pdf/fss4.pdf The instructions for the form provide the correct address.

 

Online

Go to

http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Apply-for-an-Employer-Identification-Number-(EIN)-Online

 

then check off Estate

An estate is a legal entity created as a result of a person's death.

 

Please tell us about the deceased person.

* Required fields 

Must match IRS records or this application cannot be processed.

The only punctuation and special characters allowed are hyphen (-) and ampersand (&).

 

First name*

Middle name/initial

Last name*

Suffix (Jr, Sr, etc.)

Select One

DDS

MD

PHD

JR

SR

I

II

III

IV

V

VI

SSN/ITIN*

- -

 

Then follow the prompts

 

46:2B-8.2 Powers of attorney; durable powers of attorney; disability defined.

 46:2B-8.2 Powers of attorney; durable powers of attorney; disability defined.

2.Powers of Attorney; Durable Powers of Attorney; Disability Defined.

a.A power of attorney is a written instrument by which an individual known as the principal authorizes another individual or individuals or a qualified bank within the meaning of P.L.1948, c.67, s.28 (C.17:9A-28) known as the attorney-in-fact to perform specified acts on behalf of the principal as the principal's agent.

b.A durable power of attorney is a power of attorney which contains the words "this power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time," or " this power of attorney shall become effective upon the disability or incapacity of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incapacity, and unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.

c.Unless otherwise defined in the instrument, a principal shall be under a disability if the principal is unable to manage his property and affairs effectively; and an attorney-in-fact shall be under a disability if the attorney-in-fact is unable to exercise the authority conferred by the power of attorney effectively.

L.2000,c.109,s.2.

3B :27-1 Death of resident or nonresident presumed after 5 years' absence or exposure to specific catastrophic event.

 3B :27-1  Death of resident or nonresident presumed after 5 years' absence or exposure to specific catastrophic event.

   3B :27-1 .  Death of resident or nonresident presumed after 5 years' absence or exposure to specific catastrophic event.  a.  A resident or nonresident of this State who absents himself from the place of his last known residence for a continuous period of 5 years, during which he has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead.  His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.

   b.   A resident or nonresident of this State who is exposed to a specific event certified by the Governor as a catastrophic event that has resulted in a loss of life to persons known or unknown and whose absence following that event is not satisfactorily explained after diligent search or inquiry is presumed to be dead.  The death is presumed to have occurred at the time of the catastrophic event.

   c.   Nothing in this section shall be construed to limit or abrogate the special peril doctrine under the common law.

GUARDIANSHIP INTERVIEW FORM KENNETH VERCAMMEN & ASSOCIATES, PC

 KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave

Edison, NJ  08817 

(Phone) 732-572-0500

                           (Fax)   732-572-0030   www.njlaws.com

 

GUARDIANSHIP INTERVIEW FORM

        Please type up & fill out completely and email back to office.  This form is extremely important. Your accuracy and completeness in responding will help us best represent you. Save as word doc or text, not pdf. If you email, typing name and details is best. Please read our website article to help you understand how guardianships are handled.

http://www.njlaws.com/guardianship_of_disabled_adults.html

 

      ALL THE PAGES AND SECTIONS OF THIS FORM MUST BE COMPLETED PRIOR TO DISCUSSING WITH THE ATTORNEY. WRITE YOUR SPECIFIC QUESTIONS AT THE END OF THE LAST PAGE. ALL THIS INFORMATION IS NEEDED BY THE COURT.

Consult fee $200.

 

PLEASE PRINT CLEARLY

Your Full Name:  [Person Filling out Form]

 

 

____________________________________________

First                                          Last

 

 

Street Address: ______________________________                                          

 

 

City ____________________ State ____  Zip Code _____

              

 

Telephone Numbers:  Cell:  ______________________

 

                                                                                       

Day: ____________________    Night: _______________

 

 

E-mail address: ________________________________

 

Referred By: __________________________________ 

     If referred by a person, is this a client or attorney?  If you heard about this law office by the internet, what search?  What search terms did you use?

 

Today's Date ____________________

 

1. Name of person for whom you seek Guardianship: ________________

 Guardianship Questionnaire   rev  3/19/21

2.   Current address and phone for incapacitated person whom Guardianship is sought:

 

_____________________________________________

                                                  

3.      Your relationship to person: _________________________________ 

 

4. Incapacitated person is of the age of ________________., DOB _______

 

5. The other kin of  Incapacitated person  are: 

___________________, relationship _______________, residing at: ___________________, 

___________________, relationship _______________, residing at: _________________, 

___________________, relationship ______________, residing at: ____________________ 

 

6. Name, address and fax number of Doctor 1 who will sign Affidavit that person is incapacitated:

 

 

______________________________________

 

7. Name, address and fax number of Doctor 2 or facility Administrator who will sign Affidavit that person is incapacitated:

 

_____________________________________________

 

8.  Is there a Will?  _____           Did you bring a photocopy?  ____

 

         B.  Is there a Power of Attorney?  _____  Did you bring a copy?  ____

 

         C.  Do You Have a Copy of the Deed?    ________

 

ASSETS

         The court rules require details of assets be set forth in a Guardianship case.

 

SCHEDULE “A” REAL PROPERTY  If none, write none

 

 

 

1. Street and Number ____________________________

 

 

 

 

Town: ____________________

 

 

 

 

Lot: ___ Block:  ____ County: ____________________

 

 

 

Title/Owner of Record: _______________

 

 

Tax Assessor Assessed Value: $____________________

 

 

 

 

Full Market Value of Property:  $____________________  

 

Mortgage Balance: $______________________

 

If there is real estate, the court rules require an appraisal.

 

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 Accounts/ Brokerage Accounts - Name of Bank, Acct. # ____________________________ $_________

 

_____________________________  $_________

 

______________________________ $_________

_______________________________  $_________

Stock - Name of Stock Co., Acct. # _______ $_________

____________________________  $_________

 

Investment Bonds., Acct. #                  $_________

__________________________   $_________

 

Cars _________________________      $_________

Other assets over $10,000 __________ $_________

_______________________________  $_________

__________________________________ $_________ 

 

 

         Liabilities More Than $2,000:   If none, write none

 

_______________________________

 

 

 

Estimated Gross Estate:  $_________________

           

 

Set forth several specific acts of incompetency by the alleged incapacitated person:  

 

________________________________

 

________________________________

 

 

Suggested Successor Guardian __________________

 

      PLEASE USE THIS PAGE TO WRITE YOUR SPECIFIC QUESTIONS FOR THE ATTORNEY:  

 

______________________________________

 

 

A Guardianship is a very detailed procedure that must follow the NJ Rules of Court for the protection of incapacitated persons. 

 

Guardianship Legal Services To Be Provided/Retainer [Legal Fee $2,500]

Checks are payable to Vercammen PC

 

Separate check $200 payable   County Surrogate [must be a check or money order, not credit card]

Fee to temporary court appointed law guardian approx $1,000-$2,000

Surrogate fees after complaint for Guardianship approved approx $50 per year

Doctors sometimes charge you a small fee to sign the mandatory affidavit

1.  Legal Services To Be Provided. You agree that the Law Firm will represent you in connection with proposed Guardianship.

 

1. Office interview with client, office consult fee is $200.00, which is included in the Complaint preparation fee.  

2. Review Guardianship Questionnaire filled out by client. 

3. Obtain information such as name, address and telephone number.  

4. Obtain information regarding value of real estate, life insurance and other assets. 

5. Obtain information regarding estate and  beneficiaries. 

6. Obtain information regarding names of family members. 

7. Discuss possible individuals to serve as Guardian. 

8. Discuss Court procedures, answer legal questions.    

9 Office conference, attend to signing of Complaint, Answer Questions and explain provisions.

10 Obtain client's email address to send updates. 

11 Attend Hearing

12. Preparation of end of case letter to client after guardianship granted

 

         Please read our website article to help you understand how guardianships are handled

http://www.njlaws.com/guardianship_of_disabled_adults.htm

                                                                                                                              

         The legal work includes research, correspondence, preparation and drafting of pleadings and other legal documents, conferences in person and by telephone with you and with others, dictating and reviewing letters, negotiations, and any other related work or service to properly represent you in this matter.

 

Documents we will prepare:                                                                                               

 

1.            Opening of file and offer client information brochures 

2.            Draft Verified Complaint for Guardianship 

3.            Prepare Affidavit of Proposed Guardian in Support of Complaint for Guardianship

4.            Affidavit of next of kin 

5.            Prepare AFFIDAVIT OF Doctor 1

6.            Prepare CERTIFICATE OF Doctor 2

7.            Letters to Doctors to be delivered by client 

8.            Prepare letter to client enclosing draft documents for client to carefully read

9.            Prepare ORDER FOR HEARING

10.        Contact client to request client have doctor sign affidavit

11.        Attend to proposed Guardian signing complaint

12.        Prepare letter to court with signed complaint and 2 doctor certificate

13.        Prepare NOTICE to incapacitated person

14.        Prepare and file CERTIFICATION OF SERVICE on incapacitated person

15.        Prepare co to surrogate with NOTICE to incapacitated person of Complaint and Certification of Service

16.        Prepare co to guardian with hearing notice

17.        review attorney Guardian report

18.        Prepare Guardianship Judgment

 

The proposed guardian will need to make arrangements to have two Doctors sign the AFFIDAVIT OF Doctors.

 

2. Costs And Experts.  In addition to legal fees, you must pay the following costs and expenses; experts' fees, court costs including Complaint filing fee payable to County Surrogate, certified mail notices, investigators' fees, deposition costs, messenger services, and any other necessary expenses or out of pocket expenses.  The Law Firm may recommend that experts be retained directly by you.  You would then be solely responsible to pay the experts.  The experts usually require they be paid up front.

 

         The Court will appoint an attorney to be a temporary law Guardian. The court will require either you or the Incapacitated person to pay the fees of the temporary law Guardian. Their fees are approx $1,500.

 

3.  Other Legal Services.  You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. Without such agreements, the Law Firm is not required to do any of the following:

         (a)  Provide any legal services after the judgment of the trial court;

         (b)  Appeal any decisions of the trial court;

         (c)  Enforce any judgment or order of the trial court;

         (d)  Represent you in any other court or Tribunal

4. Fees.  Fees can be paid by VISA, Master Card, American Express, check, money order or cash. Make checks payable to Kenneth Vercammen, P.C. As with most Attorneys, Fees are paid at the initial consultation and must be paid prior to documents being drafted. For your convenience, we accept credit cards by email, over the phone. 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.

         [Note- After the Guardianship Complaint is typed, there is a minimum $100.00 additional charge for complaint changes not set forth in the Questionnaire filled out by clients at the initial consult.  The Deed needs to be signed within 20 days of initial consult or additional fee will be charged. We do not do Tax Planning or Medicaid Planning.  The fee paid is non refundable.]

  The Law Office building has four steps in the front so please advise us if you need accommodation ahead of time.

FREE YELLOW T- SHIRT FOR ALL NEW CLIENTS. ASK AT FRONT DESK.

 

PLEASE HELP YOURSELF TO THE FREE ITEMS & INFORMATION BROCHURES IN THE RECEPTION AREA.