What information is needed for Expungement?

What information is needed for Expungement?

Who receives the assets if no Will

Who receives the assets if no Will

 If the decedent has a surviving spouse but no children of the decedent and no parents, the surviving spouse receives 100% of the estate and no bond is required.

If the decedent has a surviving spouse and children of the decedent’s all of whom are also children of the spouse and no other descendants the spouse will receive 100% of the estate and no bond will be required. The children receive nothing.

If the decedent has a surviving spouse and no children of the decedent but surviving parent the spouse will receive the first 25% of the estate but not less than $ 50,000 nor more than $ 200,000 plus three-fourth of the balance of the estate; parents receive all other assets. A bond will be required for an estate over $ 50,000.

If the decedent has a surviving spouse and children of the decedent whom are not children of the surviving spouse, the spouse will receive the first 25% of the estate but not less than $ 50,000 nor more than $ 200,000 plus one-half the balance; children will receive all other assets. A bond will be required for an estate over $ 50,000.

If the decedent has a surviving spouse and children of the decedent and children who are not children of the decedent the spouse will receive the first 25% of the estate but not less than $ 50,000 nor more than $ 200,000 plus one-half the balance; children receive all other assets. A bond will be required for an estate over $ 50,000.

If the decedent has no spouse, no children of decedent, no parents, no descendants of parents, no grandparents or descendants of grandchildren but children of the spouse (stepchildren) the stepchildren will receive 100% of the estate and a bond will be required.

If you die leaving no spouse, no children of the decedent, no parents, no descendants of parents, no grandparents or descendants of grandparents and no children of a spouse the estate passes to the State of New Jersey Unclaimed Property Administrator.http://www.mercercounty.org/government/county-surrogate/administration-of-estate-no-will

Free Simple Will or Power of Attorney for active Central NJ nurses, EMT, Police Officers to help during the NJ lockdown

Free Simple Will or Power of Attorney for active Central NJ nurses, EMT, Police Officers to help during the NJ lockdown

       In support of the nurses, EMT & health professionals and police protecting us, the Kenneth Vercammen Law Office will prepare a Simple Will for estates under $1,000,000 or Power of Attorney or Living Will/Advance Directive. We appreciate the service provided by health professionals and police who protect my family. We want to say thank you. I am a chair of the Estate Planning Estate Planning, Probate & Trust Committee of the American Bar Association ABA Solo Small firm Division. The ABA has created the Wills for Heroes program.

          

IF YOU HAVE NO WILL (LEGALLY REFERRED TO AS "INTESTATE SECESSION"):

* State law determines who gets assets, not you

* Additional expenses will be incurred by your heirs and extra work will be required by the heirs of their attorney to qualify an administrator including bonds and higher fees

* The procedure to distribute assets becomes more complicated-and the law makes no exceptions for persons in unusual need or for your own wishes.

*  It often causes fights and lawsuits within your family

        

1.                 Email vercammenlaw@njlaws.com

We will email you the "CONFIDENTIAL WILL QUESTIONNAIRE" 

2. Please type up & fill out completely and email to vercammenlaw@njlaws.com, Information must be typed, not handwritten. Save as word doc or text, not pdf. 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 discussing with attorney. Read details on Wills at http://www.njlaws.com/wills.html

3. Ken V will call to discuss from cell phone since no in office appointments permitted by NJ governor. Make sure your voicemail not full and you answer the phone.

4. If we speak and if we agree will draft documents and email to you.
5. Ken V will answer any further questions
6. Sign documents in front of notary and two witnesses. You need to bring your own witness since our staff has medical issues and doctor has advised to stay home and not be witness. UPS stores provide a notary service. For nurses and EMT, hospitals have notaries. We will email signing instructions.

KENNETH VERCAMMEN & ASSOCIATES, ATTORNEY AT LAW 

2053 Woodbridge Ave. Edison, NJ 08817  732-572-0500 [

Contributing writer for the NJ Police Chief Magazine.

 Past President Middlesex Municipal Court Prosecutors Assoc

Honorary Member Retired Police & Fire Middlesex & Monmouth Local 9 

[However, don't come to office or call because office is closed until governor lifts restrictions. Email only vercammenlaw@njlaws.com

The  WILL QUESTIONNAIRE is also online at:

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

Safekeeping Your Will

Safekeeping Your Will

Keep your Will in a safe place, but let someone know where it can be found. We don't recommend a safe deposit box because banks cant be accessed on weekends or evenings.

Husband and wife should have their own wills. They each should know where both are kept. Above all, do not keep your will in the back of your desk or another place where it may be lost or thrown away.

Do you have a file, stored in a secure and fireproof location, containing all important documents (wills, titles, securities, contracts, marriage/divorce papers, deeds, pension/profit sharing plans, etc.)

Keeping Your Will Up To Date

Periodically review your will to keep it up to date. Keeping it current is just as important as making one in the first place. Changes in your life such as marriage, birth of a child, death, crippling accident, change of witnesses, purchase or sale of property, a change in your financial status - or a change in the estate tax law may make important revisions or a new will advisable.

A will drawn in another state can be valid; however, revision in relation to New Jersey laws may be prudent. You are free to change it at any time, but do so correctly.

Source Cumberland Surrogate

Personal Legal Checkup

Personal Legal Checkup

1.     Do you have a Will and Power of Attorney which has been reviewed and possibly revised within the past 5 years? (Y, N)

2. Are there any estate planning changes which should be considered?  (Y, N)

3.     Have the liability policy limits of your insurance increased within the past three years? (Y, N)        

4.     Are there any potential claims which could be asserted against you?     (Y, N)

5.     Do you presently have a written and current listing of all important future dates, such as expiration, option, maturity and due dates?   (Y, N)

6.     Are you aware of, and do you have a current valuation of,  all potential government benefits to which you are or will become   entitled?    (Y, N)

7.     Do you have a file, stored in a secure and fireproof location,   containing all important documents (wills, titles, securities, contracts,  marriage/divorce papers, deeds, pension/profit sharing plans, etc.)  (Y, N)

8.     Have you within the past 3 years reviewed the beneficiary designation  on all documents which require such information?  (Y, N)

9.     Do you have a complete and current personal financial statement which list in detail all of your personal assets and liabilities?    (Y, N)

10.   Do you have a complete and current inventory of all of your physical possessions, sufficient to support a claim in the event of a loss?    (Y, N)

11.   To the extent the foregoing question are relevant to your spouse(if any) and minor children (if any), are there any matters or issues which    should be updated, reconsidered, or changed?     (Y, N)

12.   To the extent there are persons other than spouse or children for whom you may have some responsibilities ( e.g., aging parents ), are there items or issues which should be updated or changed?  (Y, N) 

 13.  Have any of these questions caused you to consider taking some action      or making some further review?    (Y, N)   

Notice of Probate requirements

Notice of Probate requirements article

Once the judgment for probate and the Letters Testamentary have been issued, the Last Will & Testament is deemed “probated.” The law requires that the executor or their attorney notify all beneficiaries and next of kin (including those next of kin who are not beneficiaries in the Last Will & Testament) that the Last Will & Testament has been probated, the place and date of probate, that a copy of the Last Will & Testament is available upon request, and that they be informed of the name of the executor.

Copies of each letter must be saved. The executor’s attorney or executor must then file a “Proof of mailing of the Notice of Probate of Will” with the Surrogate’s Court together with a fee of $5.00 for each page of the proof of mailing of the “Notice of Probate of Will.”

Source Bergen surrogate

Court Rule 4:80-6. Notice of Probate of Will

…… shall cause to be mailed to all beneficiaries under the will and to all persons designated by R. 4:80-1(a)(3), at their last known addresses, a notice in writing that the will has been probated, the place and date of probate, the name and address of the personal representative and a statement that a copy of the will shall be furnished upon request. Proof of mailing shall be filed with the Surrogate within 10 days thereof. If the names or addresses of any of those persons are not known, or cannot by reasonable inquiry be determined, then a notice of probate of the will shall be published in a newspaper of general circulation in the county naming or identifying those persons as having a possible interest in the probate estate. If by the terms of the will property is devoted to a present or future charitable use or purpose, like notice and a copy of the will shall be mailed to the Attorney General.

Typically we send a copy of the Will in addition to the Notice. We also advise a copy of the Will can also be obtained from the Surrogate for a small copy fee. A State of New Jersey Inheritance Tax Return must be filed and Tax Waivers obtained. This will take several months.

Additional information on Inheritance Tax Return can be obtained from the NJ Division of Taxation. (609) 292-5033

Also, prior to individuals receiving money Federal law requires a child support lien search so each beneficiary will need to provide their Social Security number prior to inheritance and NJ requires each beneficiary sign a Release and Refunding Bond.