NJ Laws Directions to Ken Vercammen and Associates Ken Vercammens Resume Ken Vercammen articles

Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.
Edison NJ 08817
732-572-0500
1-800-655-2977

Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
Toll Free 800-655-2977


Contested Probate Interview Form

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 3/14/15


*All Pages and Information must be filled out prior to seeing the Attorney.  This information is required by the Surrogate's Office and the Inheritance Tax Bureau.

                                                                                 

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.

 

                                                                                                 

 

                                                                                                 

 

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: ____________________

 

 

 

Lot: ___ Block:  ____ County: ____________________

 

 

 

Title/Owner of Record: _______________

 

 

Tax Assessor Assessed Value: $____________________

 

 

 

 

Full Market Value of Property:  $____________________ 

 

Mortgage Balance: $______________________

 

 

 

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. # _____________    $_________

 

___________________________________________   $_________

___________________________________________    $_________

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

___________________________________________   $_________

Cars _______________________________________   $_________

Other assets over $10,000 ______________________  $_________

___________________________________________  $_________

___________________________________________  $_________

___________________________________________  $_________

___________________________________________  $_________

___________________________________________  $_________

 

 

         BENEFICIARIES AND ADDRESSES

(State full names and addresses of all who have an interest, vested, contingent or otherwise, in estate)

 

HEIRS AT LAW/

NEXT OF KINRELATIONSHIP:   ADDRESS:   APPROX. AGE:    % 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:

 

T-Shirt __, Pen ___, Foam can holder ___,  USA 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.     

1. Attach a photocopy (not original) of the decedent’s Will, Death Certificate, codicils, trusts. This is required by the Surrogate's Office (Tax Bureau). In the future you may also need photocopies of the Deed and Tax Bill.

 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.

A. Caveat

      Is a formal notice by someone to prevent the proving of a Will or the grant of administration of an Estate. The following is one of the NJ Court Rules dealing with a Caveat to Will

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.

          

     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 the Duties 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 Kim

     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 

File first Federal and State Income Tax 

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

 

         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.

kenv
Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year
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Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

In direct contrast to the hard-hitting approach we take toward the insurance companies is the soft approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.

When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you dont protect your rights, you may not be able to make a claim.

Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced personal injury lawyer can make the difference between getting what you deserve and getting nothing.

Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

Reduce the stress of making a claim.

Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- For Settlement Only -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

We handle personal injury cases on a contingency fee basis.

This means:
YOU DONT OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU.

Call our office to schedule a "confidential" appointment 732-572-0500

Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney 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 each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues 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 is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

Admitted In NJ, US Supreme Court and Federal District Court.

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.

The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.

Ken Vercammen articles.

Ken Vercammens Resume
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