Happy Hour & Networking Social July 15, 2016 Professionals, Attorneys, 5k runners, Friends, Clients, Law Enforcement invited to Happy Hour & Networking Social

Happy Hour & Networking Social

July 15, 2016

Professionals, Attorneys, 5k runners, Friends, Clients, Law Enforcement invited to Happy Hour & Networking Social

July 15, 2016 Friday

at Bar Anticipation

703 16th Avenue Lake Como/ Belmar, NJ 07719

   Free !    Sorry is this is dup but we did not want to miss anyone

5:30-7:55PM Hot & Cold Buffet

   The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft & House Wine Special

      Outdoor bands, prize give aways. Bring your friends. Pass this along. Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.

      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com

   If your group, non-profit or organization wishes to co-sponsor the next networking happy hour, please contact

KENNETH VERCAMMEN, Esq.

2053 Woodbridge Ave. Edison, NJ 08817  

732-572-0500 VercammenLaw@Njlaws.com

https://www.facebook.com/events/100183356999884/

2016 Co-sponsors NJ State Bar Association Municipal Court Section,

Criminal Law Section

Young Lawyers Division

LGBT Rights Section

Family Law Section

Minorities in the Profession Section MIPS

Immigration Law Section

Taxation Law Section

Women in the Profession Section WIPS

Labor and Employment Law Section  

Solo and Small-Firm Section

Real Property, Trust and Estate Law Section

Federal Practice and Procedure Section

Business Law Section

Local Government Law Section

Banking Law Section

Dispute Resolution Section

Special Committee for Paralegals

Insurance Defense Special Committee

Special Civil Part Special Committee,

Lawyers In Transition Special Committee,

School Law Special Committee

Automobile Litigation and No Fault Special Committee

Privacy Law Special Committee,

Fidelity and Surety Law Committee,

Monmouth County Bar Association

New Jersey Defense Association  

NJ Institute of Local Government Attorneys

Retired Police & Fire Middlesex Monmouth Local 9

Greater Monmouth Chamber of Commerce

Lakewood Chamber of Commerce

__________________

Co-Sponsors from 2015 party also were

, NJAWBO (NJ Association of Women Business Owners), , NJ Law Librarians Association NJLLA, Asian Pacific American Lawyers Association of New Jersey, Elder and Disability Law Section

Insurance Law Section

Administrative Law Section 

Product Liability and Toxic Tort Section

Diversity Standing Committee  

Government and Public Sector Lawyers Special Committee,

Antitrust Law Special Committee

RULE 4:83. Probate Actions In The Superior Court, Chancery Division, Probate Part: General Provisions

RULE 4:83. Probate Actions In The Superior Court, Chancery Division, Probate Part: General Provisions

4:83-1. Method of Proceeding

Unless otherwise specified, all actions in the Superior Court, Chancery Division, Probate Part, shall be brought in a summary manner by the filing of a complaint and issuance of an order to show cause pursuant to R. 4:67. The Surrogate, as Deputy Clerk, may fix the return date of the order to show cause and execute the same unless the procedure in a particular case raises doubt or difficulty. Service shall be made and the action shall proceed thereafter in accordance with that rule.  The order to show cause may be in the form in Appendix XII-I to the extent applicable.

Note: Source-R.R. 4:105-3, 4:117-1. Former R. 4:99-1 deleted and new R. 4:83-1 adopted June 29, 1990 to be effective September 4, 1990; amended June 28, 1996 to be effective September 1, 1996; amended July 9, 2008 to be effective September 1, 2008.

4:83-2. Filing of Papers

In all matters relating to estates of decedents, trusts, guardianships and custodianships, other than those set forth in R. 4:80 and R. 4:81, all papers shall be filed with the Surrogate of the county of venue as the deputy clerk of the Superior Court, Chancery Division, Probate Part, pursuant to R. 1:5-6.

Note: Source-R.R. 4:117-2. Former R. 4:99-2 deleted and new R. 4:83-2 adopted June 29, 1990 to be effective September 4, 1990; amended July 13, 1994 to be effective September 1, 1994.

4:83-3. Title of Action

In all actions for the probate of a will, for letters of administration or guardianship of a minor or mentally incapacitated person and other actions brought pursuant to these rules, every paper shall be entitled "In the Matter of the Estate of _______, Deceased" or "In the Matter of _______ a Minor" or the like.

Note: Source-R.R. 4:117-4; caption and text of former R. 4:99-3 amended and rule redesignated June 29, 1990 to be effective September 4, 1990; amended July 12, 2002 to be effective September 3, 2002.

4:83-4. Venue

• (a) Where the Surrogate's Court May Not Act. In an action brought because the Surrogate's Court is barred from acting by R. 4:82, venue shall be laid in that county.
• (b) Guardianships and Conservatorship Actions. In an action for the appointment of a guardian for an alleged mentally incapacitated person or of a conservator, venue shall be laid in the county in which the alleged mentally incapacitated person or conservatee is domiciled at the commencement of the action, or if at that time the person has no domicile in this State, then in any county in which the person has any property.
• (c) Actions by or Against a Fiduciary. In an action brought by or against a fiduciary who received letters of appointment in this State (1) to account for the estate, real or personal for which the fiduciary is chargeable, or (2) for the construction of the will or other instrument by which the fiduciary was appointed, or (3) for directions by the court as to the fiduciary's authority or duties, venue shall be laid in the county in which the fiduciary received the letters of appointment.
• (d) To Appoint Inter Vivos or Substituted Trustee. In an action for the appointment of a trustee or substituted trustee of an inter vivos trust, venue shall be laid in the county in which there is any property of the trust estate at the commencement of the action or in the county in which a trustee is domiciled at the time the action is commenced. All subsequent proceedings affecting the trust including the appointment of an additional or substituted trustee, shall be brought in the original venue.
• (e) Other Actions. In all other probate actions, venue shall be laid in accordance with R. 4:3-2(a).
  
  
  

RULE 4:80. Application To Surrogate's Court For Administration

RULE 4:80. Application To Surrogate's Court For Administration

4:80-1. Application

• (a) Contents. Unless a complaint for probate is filed with the Superior Court pursuant to R. 4:83, an application for the probate of a will, for letters testamentary, letters of administration, letters of administration of non-resident estates in which administration has not been sought in the decedent's state of residence, letters of administration with the will annexed, letters of administration ad prosequendum, letters of substitutionary administration and letters of substitutionary administration with the will annexed shall be filed with the Surrogate's Court, stating: (1) the applicant's residence; (2) the name and date of death of the decedent, his or her domicile at date of death and date of the last will, if any, of decedent; (3) the names and addresses of the spouse, heirs, next of kin and other persons, if any, entitled to letters, and their relationships to decedent, and, to the best of the applicant's knowledge and belief, identifying any of them whose names or addresses are unknown and stating further that there are no other heirs and next of kin; (4) the ages of any minor heirs or minor next of kin; and in an application for probate of a will, whether the testator had issue living when the will was made, and whether he or she left any child born or adopted thereafter or any issue of such after-born or adopted child, and the names of after-born or adopted children since the date of the will, or their issue, if any. The applicant shall verify under oath that the statements are true to the best of the applicant's knowledge and belief.
• (b) Certificates, Affidavits Accompanying the Application. Except in an application for substitutionary letters, the application shall be accompanied by a certificate of death or other competent proof thereof, unless for good cause dispensed with; and in all applications where a bond is required of the person applying for letters, the application shall be accompanied by an affidavit of the value of the personal estate.
• (c) Filing. The application for the probate of a will or for letters of administration shall be filed with the Surrogate's Court of the county in which the decedent was domiciled at death, or if at that time the decedent was not domiciled in this State, then with the Surrogate's Court of any county in which the decedent left any property or into which any property belonging to the decedent's estate may have come.
• (d) Recording. The application shall be recorded by the Surrogate's Court.

Note: Source-R.R. 4:99-1, 5:3-2; caption of rule, and text of paragraphs (a) and (b) amended, new paragraph (c) adopted, and former paragraph (c) redesignated as paragraph (d) and amended June 29, 1990 to be effective September 4, 1990; paragraph (a) amended June 28, 1996 to be effective September 1, 1996.

4:80-2. Proof of Will: Nonresident or Deceased Witnesses

• (a) Depositions of Nonresident Witnesses. If any subscribing witness to a will of any person resident or nonresident in this State, at death resides or is out of the State, the Surrogate's Court may issue a commission with a photocopy of the will attached authorizing the taking of the deposition of the witness in the form of a witness-proof. The commission may be directed to any person before whom depositions may be taken under R. 4:12-2 and 4:12-3, or to the Surrogate or Deputy Surrogate of any county of this State, who shall take the proofs under oath and certify to the taking of the same.
• (b) Deceased Witnesses. If all witnesses are deceased, the signature of each such witness may be proved by one person, and the same person may prove all signatures. Proof of death of the attesting witnesses may be made by affidavit without producing certified copies of death certificates.

Note: Source-R.R. 4:99-2, 5:4-2. Paragraph (a) amended July 26, 1984 to be effective September 10, 1984; paragraphs (a) and (b) amended June 29, 1990 to be effective September 4, 1990.

4:80-3. Renunciation by or Notice to Next of Kin and Others

If the application for the letters specified in R. 4:80-1(a) (except letters testamentary) is made to the Surrogate's Court by the person first entitled thereto, no renunciation or notice shall be required; but if the application is made by any other person, the applicant shall file:

• (a) The renunciation, acknowledged before an officer qualified to take acknowledgments of deeds, of all competent adult persons whose right to the letters is prior or equal to that of the applicant, containing a request that the letters issue according to the application; or
• (b) proof that at least 10 days' notice of the application has been given to all such persons residing in this State who have not renounced, and that at least 60 days' notice, or such notice (not less than 10 days in length) as the Surrogate's Court by order may have directed, has been given to all of them who reside outside this State. If in an application for letters of administration with the will annexed, it appears that the decedent left a will naming an executor who has not renounced, proof shall be submitted showing that like notice has been given to the executor. In any case the Surrogate's Court may require the applicant to give notice to interested persons other than those entitled to letters. Such notice may be served either as prescribed by R. 4:4-4 or by registered or certified mail return receipt requested to the person's last known address. If the name or address of any such person entitled to notice is not known, then an affidavit of inquiry as to such name or address, made as prescribed by R. 4:4-5(b) shall be filed in lieu of proof of notice.
• (c) In addition to the proofs required in paragraphs (a) and (b) of this rule, if the application for letters of administration shows that there are no known next of kin or knowledge thereof, the applicant shall file proof that at least 20 days' notice of the application has been given to the Attorney General of this State.
• (d) All renunciations shall be recorded by the Surrogate's Court.

Note: Source-R.R. 4:99-3. Amended July 26, 1984 to be effective September 10, 1984; former caption and text of R. 4:80-3 deleted, introductory text and paragraphs (a), (b) and (c) of former R. 4:80-4 amended, paragraph (d) adopted, and rule redesignated June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended July 23, 2010 to be effective September 1, 2010.

4:80-4. Qualifications

Qualifications of executors and administrators shall be taken as provided in R. 4:96-1.

Note: New caption and text adopted June 29, 1990 to be effective September 4, 1990.

4:80-5. Residents Preferred Over Nonresidents

As between persons equally entitled, the Surrogate's Court in granting letters shall give preference to residents of this State over nonresidents, unless the best interest of the estate will not thereby be served.

Note: Source-R.R. 4:99-4. Amended July 26, 1984 to be effective September 10, 1984; amended June 29, 1990 to be effective September 4, 1990.

4 Ways to Pass on Your Inheritance

When it comes to passing assets on to your heirs, there's no one-size-fits-all solution. Should you establish a trust? Should you give away assets now instead of waiting until your death?

The answers to these questions depend on a variety of factors. These could include whether you're married or have minor children, the value of your estate and whether you want to control how your heirs use their inheritance.

Here are a few inheritance methods to consider, as well as what to keep in mind as you choose the right options for you and your loved ones. Your decisions can have significant tax and financial implications; in particular, estate taxes can apply to your beneficiaries if your estate is worth more than $5.43 million in 2015 (this number increases each year for inflation). Always consult with your estate attorney, your financial advisor, or your tax advisor for guidance on your particular situation.

Method	When to consider this method	What to keep in mind
Financial gifts while you're living	If your estate is worth at least $2 million and you're on track with your financial goals, you might want to consider financial gifts to your heirs now. You can see them enjoy your gift and help manage tax implications of larger gifts. If you have less than $2 million, you will likely want to focus current assets on your own retirement instead of giving money away now.	In 2015, you can give as many individuals as you wish up to $14,000 annually (or $28,000 as a couple) without tax implications for either party. This is known by the IRS as the "annual exclusion." Payments made directly to educational or medical providers are tax-free and do not count against the annual exclusion.
Trusts	A trust establishes a fund to be managed by a trustee for the benefit of a particular beneficiary. The most common trust is established for children whose parents die before the children turn 18. In many instances, the trustee will use the trust to pay for the children's expenses until they turn 18, at which point they gain control of the trust. Children often gain control of trusts when they turn 18. However, you can also choose to give them the money when they graduate from college or reach some other criteria or age.	In addition to a traditional trust established to manage the assets of your minor children, there are many other types of trusts. Trusts can be especially beneficial if you have a large estate and want to manage tax implications. Talk to your estate attorney, financial advisor or tax consultant about other types of trusts that might be right for your situation. These could include charitable trusts, family trusts, insurance trusts and living trusts.
Special needs trust	A special needs trust can help you provide for a loved one with a disability to avoid compromising his or her Medicaid, Social Security and other governmental assistance.	A special needs trust needs to keep in mind many complex rules that could have significant financial consequences including disqualification from governmental programs. Be sure to consult a professional who has expertise with special needs trusts.
Non-probate assets	Non-probate assets are transferred directly to your beneficiaries without going through the probate period. These can include: Life insurance, retirement plans or similar assets for which there is a named beneficiary. Assets owned as a joint tenant with right of survivorship. Community property that passes certain assets directly to your spouse. In some states you may need to designate assets as community property with right of survivorship. In other states, assets acquired during marriage are automatically owned equally by both spouses.	Your estate attorney, financial advisor or tax consultant can help you coordinate your non-probate assets with other assets that will go through the probate process. This coordination can help manage taxes and other implications of your total gift to a particular beneficiary.

Download this Chart »

These methods are important to consider no matter what age your heirs are.

Discover what additional considerations people with young children need to keep in mind. »

Sign up for our Estate Planning Essentials course, which walks you through every aspect of creating a strong plan.

This publication is provided as educational material only. While every effort has been made to ensure the accuracy of this publication, it is not intended as legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

source https://www.araglegal.com/education/estate-planning/best-way-to-pass-on-inheritance.htm?utm_campaign=estate-planning-email-series&utm_medium=email&utm_source=email4

Wills and Estate Administration for the Small Firm Lawyer: Improving Practice and Increasing Income ABA webinar

Wills and Estate Administration for the Small Firm Lawyer: Improving Practice and Increasing Income ABA webinar

June 14 2016 from 1:00-2:30 PM ET.
ABA Webinar CE1604WEA

“Wills and Estate Administration for the small firm lawyer- Improving your practice and increasing income”

topics:
1. Preparation for Wills/Estate Planning Interviews
2. Interviewing Clients
3. Signing documents and Additional Estate Planning Issues
4. Probate, Estate Administration
5 Marketing Your Wills and Estate Administration Practice

1.50 CLE

Format: Webinar

Time: 1:00 PM - 2:30 PM ET

Credits: 1.50 General CLE Credit Hours

Panelist(s): Kenneth A Vercammen

Moderator(s): David M Godfrey

Sponsor(s): Commission On Disability Rights

Commission on Law and Aging
Division for Public Services
Law Practice Division
Senior Lawyers Division
Solo, Small Firm and General Practice Division

Estate planning and administration responsibilities are often a significant part of lawyer's practice, but these issues are often time-consuming and complex. Veteran attorney Kenneth Vercammen will share how to establish and strengthen a firm's wills and estate practice. This webinar will provide step-by-step guidance that firms can use to handle all aspects of an estates practice, from initial client intake to closing the file. An essential resource for practitioners, this elder law program includes numerous forms and pertinent information to assist new and transitional attorneys. In addition, tips on practice management will help seasoned attorneys.

SPECIAL OFFER
Registrants will receive a 30% discount code for the E-Book Wills and Estate Administration by Kenneth Vercammen.

June 14 2016 from 1:00-2:30 PM ET.
ABA Webinar CE1604WEA

“Wills and Estate Administration for the small firm lawyer- Improving your practice and increasing income”

topics:
1. Preparation for Wills/Estate Planning Interviews
2. Interviewing Clients
3. Signing documents and Additional Estate Planning Issues
4. Probate, Estate Administration
5 Marketing Your Wills and Estate Administration Practice

1.50 CLE

Format: Webinar

Time: 1:00 PM - 2:30 PM ET

Credits: 1.50 General CLE Credit Hours

Panelist(s): Kenneth A Vercammen

Moderator(s): David M Godfrey

Sponsor(s): Commission On Disability Rights

Commission on Law and Aging
Division for Public Services
Law Practice Division
Senior Lawyers Division
Solo, Small Firm and General Practice Division

Estate planning and administration responsibilities are often a significant part of lawyer's practice, but these issues are often time-consuming and complex. Veteran attorney Kenneth Vercammen will share how to establish and strengthen a firm's wills and estate practice. This webinar will provide step-by-step guidance that firms can use to handle all aspects of an estates practice, from initial client intake to closing the file. An essential resource for practitioners, this elder law program includes numerous forms and pertinent information to assist new and transitional attorneys. In addition, tips on practice management will help seasoned attorneys.

SPECIAL OFFER
Registrants will receive a 30% discount code for the E-Book Wills and Estate Administration by Kenneth Vercammen.