Kenneth Vercammen Law Office. (732)572-0500. Edison, NJ.
Monday, December 26, 2016
Will Contest Interview Form
Will Contest Interview Form
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Avenue Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 website: njwillsprobatelaw.com
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.Ken Vercammens office charges a $200 consult fee either in person or over the phone.
YOUR NAME _________________________________________________
CITY ___________________________ STATE ____ ZIP _____________
CELL (____)____________________ TODAYS DATE ____/_____/______
PHONE-DAY (____)________________ NIGHT (____)________________
Decedents Name ___________________________________
Date of Death (mm/dd/yy) ___ ___ /___ ___ /___ ___ ___ ___
Your relation to the person who passed away: _______________________
Referred By: ______________________________________ [Probate-Inherit Quest Macbook.doc rev 4/10/08]
*All Pages and Information must be filled out prior to seeing the Attorney. This information is required by the Surrogates Office and the Inheritance Tax Bureau.
Date of Will? (mm/dd/yy) ___ ___ /___ ___ /___ ___ ___ ___ (If no will, write no will)
Location of original Will ____________________ Indicate if Surrogate Probate letters were issued and where issued: __________
Executor/ Administrator if not person filing out this form ____________
*The following questions are required by the Surrogates 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. Decedents S.S. No. ___ ___ ___ /___ ___ /___ ___ ___ ___
County of Residence ________________________________
SCHEDULE A REAL PROPERTY If none, write none
1. Street and Number _____________________________________
Lot: ___ Block: ____ County: ____________________
Title/Owner of Record: _______________
Full Market Value of Property: $________ Mortgage Balance: $_________ Tax Assessor Assessed Value: $____________________
Any other Real Estate: $______________________
SCHEDULE B-1: BANK ACCOUNTS/BROKERAGE ACCOUNTS 2) SCHEDULE B-1: STOCK 3) SCHEDULE B-1: INVESTMENT BONDS 4) SCHEDULE B-1: ALL OTHER PROPERTY
BANK ACCOUNTS/BROKERAGE ACCOUNTS 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. Use back of page if you need more space, or attach a list of assets.
Bank Accounts - Individually or Jointly Owned Date of Death Value
Name of Bank, Acct. # _____________ $_____________
___________________________________________ $_____________ ___________________________________________ $_____________
Stock (A) Number of Shares (B) Name of Stock - Registered Owners(s) (C) State of Inc. (D) Date of Death Per Share Value (E) Total Market Value (F) Decedents Equity Name of Stock Co., Acct. # ________________ $_____________ ___________________________________________ $_____________
INVESTMENT BONDS (A) Bonds - Individually or Jointly Owned (B) Date of Death Value (C) Decedents Equity* ___________________ $_____________ ___________________ $_____________ ___________________ $_____________
SCHEDULE B (1) - ALL OTHER PROPERTY RESIDENT DECEDENT Cars _______________________________________ $_____________ Other assets over $10,000 ______________________ $_____________ ___________________________________________ $_____________ ___________________________________________ $_____________
___________________________________________ $_____________ ___________________________________________ $_____________ ___________________________________________ $_____________
SCHEDULE B CLOSELY HELD BUSINESSES RESIDENT DECEDENT SCHEDULE B (2) CLOSELY HELD BUSINESSES Proprietorship, Partnership, Joint Venture and/or Closely Held Corporation in which the Decedent Held Any Interest, Market Value at Date of Death [attach details]If none, write none. ________________ $_____________
SCHEDULE D EXPENSES Estimated Expenses for Funeral $ ____________________
Probate Administration $ ____________________
Counsel Fees: $ ____________________
Executors or Administrators Commissions $ ____________________
Other Administration Expenses (list individually), attach receipts. Expense _________________ $ ____________________ Expense _________________ $ ____________________ Expense _________________ $ ____________________ Expense _________________ $ ____________________ Expense _________________ $ ____________________ Expense _________________ $ ____________________
SCHEDULE E BENEFICIARIES
In case of Intestacy, the parentage of all collateral heirs (such as nieces, nephews, cousins, etc.) must be set forth. The relationship of step-parent, step-child, step-brother or step-sister must be so stated.
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 KIN: RELATIONSHIP: ADDRESS: APPROX. AGE: % INTEREST:
Any specific bequests/gifts in will? _____________________________
(NOTE: LIST CHILDREN OF DECEASED NEXT OF KIN - /ALSO GIVE AGE OF ANY MINORS) State full names of all beneficiaries who died before or after decedents death: ____________________________
1. The Inheritance Tax Bureau will require certain documents. Please attach a photocopy (not original) of the decedents Will, Death Certificate, codicils, trusts, and last full years Federal Income Tax Return. This is required by the Surrogates Office (Tax Bureau). We will also need photocopies of the Deed and Tax Bill to submit to the Inheritance Tax Bureau.
SUMMARY 1. Real Property - Schedule A $_______________ 2. All Other Assets - Schedule B(1) $_______________ 3. Closely Held Businesses - Schedule B $_______________ 4. Transfers prior to death - Schedule C $_______________ 5. Gross Estate . . Total Lines 1 thru 4 $_______________ 6. Deductions/Expenses . . . - Schedule D $_______________ 7. Net Estate . Total - Line 5, minus Line 6 $_______________ 8. Contingent Amount Included in Line 7 $_______________ 9. Balance of Estate (Line 7, minus Line 8) $_______________
Are any questions in Schedule C answered yes? Yes __ No ___ Have or will you file or are you required to file a Federal Estate Tax Return for estates over $2,000,000? Yes __ No ___ Has or will any disclaimer been filed? If so, attach copy Yes __ No ___ If the decedent died after December 31, 2001, did the decedents taxable estate plus adjusted taxable gifts for Federal estate tax purposes under the provision of the Internal Revenue Code in effect on December 31, 2001 exceed $675,000? Yes __ No ___ If yes, by how much $ ___ ___ ___
How can we help you? What questions do you have? Is there anything else important:
New clients: When you come into the office would you like: Pen ___, Foam can holder ___, USA key chain ___, Calendar ___, T-Shirt _____? All new clients are entitled to receive our Free Email Newsletter featuring updates in Probate, Traffic Law, and Personal Injury/ Insurance. Thank you.
SCHEDULE C TRANSFERS (THESE QUESTIONS ARE REQUIRED BY THE INHERITANCE TAX BUREAU (DIVISION OF TAXATION) 1. Did decedent, within three years of death, transfer property, valued at $500.00 or more, without receiving full financial consideration therefore? ___ Yes ___ No
2. Did decedent, at any time, transfer property, reserving (in whole or in part) the use, possession, income, or enjoyment of such property? ___ Yes ___ No
3. Did decedent, at any time, transfer property on terms requiring payment of income to decedent from a source other than such property? ___ Yes ___ No
4. Did decedent, at any time, transfer property, the beneficial enjoyment of which was subject to change because of a reserved power to alter, amend, or revoke, or which could revert to decedent under terms of transfer or by operation of law? ___ Yes ___ No If answer to any of the above questions is Yes, set forth a description of property transferred, the fair market value at date of death, dates of transfers, and to whom transferred. Submit copy of trust deed or, agreement, if any. (If transfers are claimed to be untaxable, also submit detailed statement of facts on which such claim is based, proof as to decedents physical condition and copy of death certificate.)
5. Was decedent a participant in any pension plan that provided for payment to another of an annuity or lump sum on or after death? ___ Yes ___ No
6. Did decedent purchase or in any manner participate in any contract or plan providing for payment of an annuity or lump sum on or after death to another, except life insurance contracts payable to a designated beneficiary? ___ Yes ___ No (Matured endowment policies, claim settlement certificates, supplementary contracts, annuity contracts and refunds thereunder and interest income certificates even though issued by an insurance company are not considered life insurance contracts.)
7. Was a single premium life insurance policy issued on decedents life in conjunction with an annuity contract? ___ Yes ___ No If answer to questions 5, 6 or 7 is Yes, attach photostatic copies of all such contracts, plans, and policies.
8. Were any accumulated dividends due on any contract of insurance? (If yes, list below) ___ Yes ___ No
For each transfer, set forth Date of Transfer; Description of Property, Both Real and Personal: Actual Consideration if Any; Names and Relationship to Decedent of Donees, Assignees, Transferees, etc.
___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___
Market Value at Date of Death __________________________
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.
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 SURROGATES 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 Surrogates 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 Surrogates 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 decedents 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)
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 executors 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 youre 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 Vercammens office charges a $200 consult fee either in person or over the phone.