Probate Retainer Statement

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:
AGREEMENT TO PROVIDE LEGAL SERVICES

THIS AGREEMENT, dated _______________________ is made

BETWEEN the Client, _____________________ [Executor or Administrator]

whose address is 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 of 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 Notice of Probate to Beneficiaries (e) fill out inheritance tax forms (f) preparation of Release and Refunding bond (g) summarizing and seeking Court approval for your actions, if necessary; and (h) correspondence to persons receiving benefits from the estate.

4. Costs and Expenses. In addition to legal fees, the estate of the Deceased must pay the following costs and expenses:

Experts fees, court costs, accountants' fees, appraisers' fees, service fees, investigator fees, deposition costs, messenger services, photocopying charges, telephone toll calls, postage and any other necessary expenses in this matter.

5. 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 amount of the final 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 Services of $ 225.00 Kenneth Vercammen

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.

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

[ ] Schedule of Payments. initial payment: on filing of the inheritance tax return: on service of final accounting on the beneficiaries: on making the final distribution:

[ ] Bills. The Firm will send you itemized bills from time to time.

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.

7. Your Responsibility. You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter. 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.

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.






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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 appears 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 www.njlaws.com 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 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/ Hall's 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
Senior Legal Points University of Medicine & Dentistry UMDNJ & St. Peter's-2000, 1999,1998
East Brunswick AARP Wills 2001; -Iselin/ Woodbridge AARP Wills 2000
Metuchen Reformed Church; Franklin/ Somerset/ Quailbrook Seniors 2001
North Brunswick Senior Day 2001
Wills, Elder Law and Probate-South Brunswick Adult School & Channel 28 TV 1999, 1997,1993
Wills and Estate Planning-Old Bridge Adult School 1998,1997,1995
Senior Citizen Law-Perth Amboy YMHA 1995; Temple Beth Or 2002;
Wills, Living Wills and Probate-Spotswood Community School 1995,1994,1993
Wills and Probate-Sayreville Adult School 1997, 1996,1995,1994
Living Wills-New Jersey State Bar Foundation and St. Demetrius, Carteret 1994
Wills and Estate Planning-Edison Elks and Senior Citizens January 1994
"Legal Questions Clinic" Metuchen Adult School March 1995,1994,1993
Estate Planning to Protect Families-Metuchen Chamber of Commerce April 1993
BUSINESS AND AMERICAN BAR ASSOCIATION SPEAKING ENGAGEMENTS:
Improving Your Elder Law & Estate Practice San Francisco, CA 2007
Elder Law and Estate Planning- ABA Miami 2007
Elder Law Practice, New Ethical Ideas to Improve Your Practice by Giving Clients What They Want and Need ABA Hawaii 2006
Marketing Success Stories ABA Toronto 1998
Opening a Business-Sayreville Adult School 1997,1996,1995
Olympians of Marketing- ABA Annual Meeting-Orlando, Florida 1996

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.