This movie details how solicitors and lawyers are milking the legal aid system for all its worth and how in the process innocent lives are being destroyed.
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In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, the Executor occassionally fails to timely carry out their duties. They may fail to file tax returns, fail to keep records, misappropriate funds or ignore instructions under the Will. If you are not satisfied with the handling of the estate, you can have an attorney file a Complaint in the Superior Court.COMPLAINT FOR ACCOUNTINGA Complaint for Accounting is filed with the Probate Part to request on accounting, removal of the current executor and selection of a new person to administer and wrap up the estate.A signed certification of one or more beneficiaries is needed. In addition, an Order to Show Cause is prepared by your attorney. The Order to Show Cause is to be signed by the Judge directing the executor, through their attorney, to file a written answer to the complaint, as well as appear before the court at a specific date and time.As with a litigated court matter, trials can become expensive. Competent elder law/probate attorney may charge an hourly rate of $225-$350 per hour, with a retainer of $3000 needed. Attorneys will require the retainer to be paid in full up front.The plaintiff can demand the following:(1)That the named executor be ordered to provide an accounting of the estate to plaintiff.(2)Defendant, be ordered to provide an accounting for all assets of d1 dated five years prior to death.(3)Payment of plaintiff's attorney's fees and costs of suit for the within action.(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 removed as the executor/administrator of the estate and that p1 be named as administrator of the estate.(6)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.
Removing an Executor of an Estate
By Kenneth Vercammen Esq. of Edison, NJ
Under New Jersey Law, the person selected as an executor of a Will has 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.
In New Jersey, the court and Surrogate do not supervise how an executor or administrator handles the estate. An Executor occasionally fails to timely carry out their duties. They may fail to file tax returns, fail to keep records, misappropriate funds or ignore instructions under the Will. If a beneficiary is not satisfied with the handling of the estate, they can have an attorney file a Complaint in the Superior Court to compel accounting, remove the executor, compel filing of tax returns and seek other relief.
The New Probate Statute of NJ made a number of substantial changes to the provisions governing the administration of estates and trusts in New Jersey.
Under the United States Supreme Court Case, Tulsa Professional Collection Services, Inc., v. Joanne Pope, Executrix of the Estate of H. Everett Pope, Jr., Deceased, 108 S.CT. 1340 (1988) the Personal Representative in every estate is personally responsible to provide actual notice to all known or "readily ascertainable" creditors of the decedent. This means that is the executor’s responsibility to diligently search for any "readily ascertainable" creditors.
In lieu of a Formal Accounting the beneficiaries will usually be requested to sign a Release and Refunding bond. If a beneficiary has evidence of misappropriation, they should ask the executor for an informal accounting prior to signing the Release and Refunding bond.
Removing Administrator of Estate
An Executor occasionally fails to timely carry out their duties. They may fail to file tax returns, fail to keep records, misappropriate funds or ignore instructions under the Will. If a beneficiary is not satisfied with the handling of the estate, they can have an attorney file a Complaint in the Superior Court to compel accounting, remove the executor, compel filing of tax returns and seek other relief.
COMPLAINT FOR ACCOUNTING & REMOVAL OF EXECUTOR
A Complaint for Accounting is filed in the Superior Court Probate Part to request on accounting, removal of the current executor and selection of a new person to administer and wrap up the estate. See Rule 4:87-1
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
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What is enhanced identity theft protection?
Identity theft insurance is an upcoming offshoot of the insurance industry. Statistics collected over the years show that identity theft is indeed a major problem, affecting one in every twenty-three American households. However, most people are completely unaware of the magnitude and seriousness of this rampant crime. Identity theft is usually associated with impersonation and fraud by most people; while they are definitely forms of identity theft, there are many other ways in which it is done. The most common form of identity theft is the misappropriation of credit cards or checks belonging to someone else. When someone loses their credit card, it is very easy for the finder to misuse it by paying for or purchasing items using it.
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