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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

Probate Retainer Statement

In a Probate/Estate matter, the Executor/Administrator will be given a choice as to legal fees to be paid. A typical representation agreement required by the Rules of Court is the following:

  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, PC   referred to as the Law Firm

 

1. Deceased.  The person who died is _______________

 

who formerly resided at ____________ and is referred to as the Deceased.

 

2. Estate of the Deceased.  You have either been named as the executor in the Will of the Deceased or want to be appointed as the administrator of the estate of the Deceased who died without a Will.  The executor or administrator is the person who collects the assets of the Deceased, pays the just debts of the Deceased and gives what is left to the family of the Deceased or to the beneficiaries named in the Will.

 

3. Legal Services To Be Provided.  You agree that the Law Firm will provide legal services to you to assist you in performing your duties as executor or administrator of the estate. The legal work includes:

(a)    reviewing and analyzing the Will or advising you as to the persons who will take the Deceased estate according to law;

(b)    advising you what must be done;

(c)    making arrangements for you to go to the Courthouse to be appointed executor or administrator of the estate;

(d)     Preparation of mandatory Notice of Probate to Beneficiaries.

(e)     fill out Inheritance Tax Forms or Inheritance Waivers

(f)      preparation of mandatory Release and Refunding bond

(g)    correspondence to persons receiving benefits from the estate.

 

Other services available:

Bring Will to Surrogate

 

Apply to Federal Tax ID #

 

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

Pay Bills 

 

Notice of Probate to Beneficiaries  

If charity, notice to Atty General

 

File notice of Probate with Surrogate 

 

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

 

Prepare Inheritance Tax Return and obtain Tax Waivers (Attorney will handle)

 

File waivers within 8 months upon receipt (Attorney will handle)

 

Prepare Informal Accounting

 

Prepare Release and Refunding Bond (Attorney will handle)

  

Obtain Child Support Judgment clearance (Attorney will handle)

 Assist in sale of Real estate and other major assets

 

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. If there is no litigation or other complications, which require an abnormal amount of work, the bill for legal expensed will be: (Check if applicable)

 

[  ]  5% percent of the gross probate estate.  This includes the total value of the property, which is subject to administration by the executor or administrator of the estate.

[  ]   5% percent of the total gross assets of the estate as will be reported to the Inheritance Tax Bureau.

[  ] Hourly Rate.  You agree to pay the Law Firm for legal services at the following rates:

         Rate Per Hour               

       $325.00 out of court

         $350.00 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.

 

5. Payment of Fees.  The agreed upon fees will be paid as follows: (check if applicable)

[   ]   Schedule of Payments.

         initial payment:

      

[  ] 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.

         You can use a credit card number for payment.  You permit bills to be submitted to you credit card company.

 

Credit card number:       _____________________

 

Credit card company: ______________________  exp ____

      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.

         We do not represent you until all fees are paid. All bills for costs and legal expenses are due upon receipt.  The estate of the Deceased will be charged interest at a yearly rate of 18% on any remaining balance not paid within 30 days from the date on the bill. 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 First Morris Bank v Roland Offset Services 357 NJ Super. 68 (App. Div 2003). As set forth by the Court decision of Hrycak v Kiernan 367 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.

6. Costs and Expenses. In addition to legal fees, the estate of the Deceased must pay the following costs and expenses: Probate fees, Court costs, accountants' fees, appraisers' fees, service fees, Experts fees, investigator fees,  messenger services,  and any other necessary expenses in this matter.

 

7. 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)  File Complaints in Superior Court

         (b) Prepare Formal Accountings in Superior Court

         (c) Locate Estate assets

         (d)  Represent you in any other court or Tribunal

 

8. Your Responsibility.  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.

         The accountant who handled the prior tax returns typically prepares final Federal income tax returns. We can provide you with the names or experienced accountants to assist with Federal Income tax return upon request. The law office represents the estate, and not the individual beneficiaries. The Law office does not provide tax advice to the beneficiaries or handle Federal tax returns.

 

         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        CLIENT  

Attorney


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year
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Kenneth 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 for litigation and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on 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 chair of the Elder Law Committee of the American Bar Association General Practice Division. He is also Editor of the ABA Estate Planning Probate Committee Newsletter and also the Criminal Law Committee newsletter. Mr. Vercammen is a recipient of the NJSBA- YLD Service to the Bar Award. And past Winner "General Practice Attorney of the Year" from the NJ State Bar Association. He is a 22 year active member of the American Bar Association. He is also a member of the ABA Real Property, Probate & Trust Section.

He established the NJlaws website which includes many articles on Elder Law. Mr. Vercammen received his B.S., cum laude, from the University of Scranton and his J.D. from Widener/Delaware Law School, where he was the Case Note Editor of the Delaware Law Forum, a member of the Law Review and the winner of the Delaware Trial Competition.

RECENT SPEAKING ENGAGEMENTS ON WILLS, ELDER LAW, AND PROBATE

Edison Adult School -Wills, Elder Law & Probate- 2007, 2006, 2005, 2004, 2003, 2002 [inc Edison TV], 2001, 2000,1999,1998,1997
Nuts & Bolts of Elder Law - NJ Institute for Continuing Legal Education/ NJ State Bar ICLE/NJSBA 2008, 2007, 2006, 2005, 2004, 2003, 2002, 2000, 1999, 1996
Elder Law and Estate Planning- American Bar Association Miami 2007
Elder Law Practice, New Ethical Ideas to Improve Your Practice by Giving Clients What They Want and Need American Bar Association Hawaii 2006
South Plainfield Seniors- New Probate Law 2005, East Brunswick Seniors- New Probate Law 2005
Old Bridge AARP 2002; Guardian Angeles/ Edison 2002; St. Cecilia/ Woodbridge Seniors 2002;
East Brunswick/ Halls Corner 2002;
Linden AARP 2002
Woodbridge Adult School -Wills and Estate Administration -2001, 2000, 1999, 1998, 1997, 1996
Woodbridge Housing 2001; Metuchen Seniors & Metuchen TV 2001; Frigidare/ Local 401 Edison 2001; Chelsea/ East Brunswick 2001, Village Court/ Edison 2001; Old Bridge Rotary 2001; Sacred Heart/ South Amboy 2001; Livingston Manor/ New Brunswick 2001; Sunrise East Brunswick 2001; Strawberry Hill/ Woodbridge 2001;
Wills and Elder Law - Metuchen Adult School 1999,1997,1996,1995,1994,1993
Clara Barton Senior Citizens- Wills & Elder Law-Edison 2002, 1995
AARP Participating Attorney in Legal Plan for NJ AARP members 1999-2005

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. The Law Office now accepts payment by American Express, Visa and Master Card.

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Ken Vercammen articles

Directions to Ken Vercammen and Associates
Ken Vercammens Resume



Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement.

Kenneth Vercammen handles Wills, Last Will and Testament, probate contests, estate administration, inheritance tax, executor, surrogate, Living Wills, estates, trusts, undue influence, administrator, elder law, elderlaw, senior citizen, eldercare, guardianship, trusts, estates, Avoid Probate, Personal Injury, Deceased, Estate Planning, New Jersey Lawyer, New Jersey Attorney, New Jersey Lawyers, New Jersey Law Firm, New Jersey Legal Service, New Jersey New Jersey legal, New Jersey law, NJ Lawyer, NJ Attorney, NJ Attorneys, NJ Lawyers, NJ Law Firm, Middlesex County, Monmouth County, Mercer County, Somerset County, Union County, Ocean County, Cranbury Police, East Brunswick, Edison, Highland Park, Jamesburg, Old Bridge, Metuchen, Monroe, New Brunswick, North Brunswick, Perth Amboy, Piscataway, Plainsboro, Sayreville, South Brunswick, South Plainfield, Woodbridge, Superior Court, attorney, attorneys, Law Firm, 08817, 07095,08816, 08901, 08903

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