Monday, February 3, 2014

Administration of Estate




















          KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
 (Fax)    732-572-0030

Examples Probate and Estate Administration
Legal Services my Law Office can provide for the Executor of the Estate:
  
Reviewing and analyzing
the Will and advising the Executor as to the persons who will take the Deceased
estate according to law;

Advising the Executor what must
be done

Fill out Surrogate
Information sheet and making arrangements for the Executor to go to the
Courthouse to be appointed executor or administrator of the estate;

Apply to Federal Tax ID #

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

Preparation of mandatory Notice
of Probate to Beneficiaries.
If charity, notice to Atty
General

File notice of Notice of
Probate with Surrogate 

Prepare Inheritance Tax Return
and obtain Tax Waivers

File Inheritance Tax waivers
within 8 months upon receipt 

Assist in sale of Real estate
and other major assets

Follow up first Federal and
State Income Tax Return and NJ Estate Tax [CPA will handle- ex Marc Kane]

Assist Executor to prepare Informal
Accounting

Prepare Release and Refunding
Bonds and serve on beneficiary  
  
Obtain Child Support Judgment
clearance  

     For beneficiaries unhappy with the
performance by the Executor my Law Office can provide the following services:
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       Demand Payment of plaintiff's attorney's
fees and costs of suit for the within action by the estate
         7.  Prepare and serve Interrogatory Questions and
Demand for Documents on the Executor to answer.

      A more detailed list of services is
available on our website CentralJerseyElderLaw.com.

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