Wrongful death claim dismissed where no timely application for administr...

Wrongful death claim dismissed where no timely application for administration Chandler v. Kasper Defendants appealed orders denying their motion for summary judgment and allowing plaintiff to amend her complaint to correct her standing in plaintiff's wrongful death and Survivor's Act action. Decedent was hit by an automobile driven by one defendant and owned by other defendant in December 2016. Decedent died six days later. Plaintiff, decedent's daughter, filed a complaint as Administrator Ad Prosequendum just prior to the running of the statute of limitations in December 2018. The complaint alleged decedent died intestate and that plaintiff had been appointed as Administrator. The complaint asserted claims under the Survivor's Act and a wrongful death claim. Defendants argued plaintiff's claims were statutorily barred by the wrongful death and Survivors' Act statutes. Defendants filed for summary judgment in 2020 asserting plaintiff lacked standing to bring the Survivor's Act claim because letters of general administration had never been issued to her. Plaintiff filed a second amended complaint to reflect that she obtained letters of general administration in December 2020. Motion judge denied defendants' motion on the grounds of equity and noted defendants participated in arbitration and discovery for years without raising the issue. Court reversed and found the filling of the complaint prior to the establishment of the estate was a "nullity" and the Survivor's Act count had to be dismissed. https://www.law.com/njlawjournal/almI...

Duty of Executor and following NJ law

Executor duties It is our recommendation that Executors undertake the following measures: 1. Conduct a thorough search of the decedent's personal papers and effects for any evidence, which might point you in the direction of a potential creditor; 2. Carefully examine the decedent's checkbook and check register for recurring payments, as these may indicate an existing debt; and assets 3. Contact the issuer of each credit card that the decedent had in his/her possession at the time of his/ her death; and cancel card 4. Contact all parties who provided medical care, treatment, or assistance to the decedent prior to his/her death; and pay undisputed bills after submitted to insurance company Other upcoming duties/ Executor to Do Notice of Probate to Beneficiaries (Attorney will handle) If charity, notice to Atty General File notice of Probate with Surrogate (Attorney will handle) Apply to Federal Tax ID if there will be several beneficiaries- Either Executor or Attorney can handle Set up Estate Account at bank (pay all bills from estate account) Type up list of all assets and all liabilities Email list to beneficiaries if applicable Pay Bills List real estate for sale and have attorney prepare, Deed, Affidavit of title and other document -If mortgage, contact mortgage company for payoff File first Federal and State Income Tax Return [CPA- ex Marc Kane] Prepare Inheritance Tax Return and obtain Tax Waivers (Attorney will handle) Sell applicable assets If house, select realtor to sell house “as is” File NJ Tax waivers on real property with County Clerk (Attorney will handle) Prepare Informal Accounting after assets sold Prepare Release and Refunding Bond for all beneficiaries to sign (Attorney will handle) Obtain Child Support Judgment clearance (Attorney will handle if needed) File Release and Refunding Bond with Surrogate after all beneficiaries sign. Let's review the major duties involved, which we've set out below. In General. The executor's 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). Let's take a look at some of the specific steps involved and what these responsibilities can mean. Chronological order of the various duties may vary. Probate. The executor must "probate" the Will. Probate is a process by which a Will is admitted. This means that the Will is given legal effect by the court. The court's decision that the Will was validly executed under state law gives the executor the power to perform his or her duties under the provisions of the Will. An employer identification number ("EIN") should be obtained for the estate; this number must be included on all returns and other tax documents having to do with the estate. The executor should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate. This gives the executor the authority to deal with the IRS on the estate's behalf. Pay the Debts. The claims of the estate's creditors must be paid. Sometimes a claim must be litigated to determine if it is valid. Any estate administration expenses, such as attorneys', accountants' and appraisers' fees, must also be paid. Manage the Estate. The executor takes legal title to the assets in the probate estate. The probate court will sometimes require a public accounting of the estate assets. The assets of the estate must be found and may have to be collected. As part of the asset management function, the executor may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the executor will have to obtain stock power, tax waivers, file affidavits, and so on. Take Care of Tax Matters. The executor is legally responsible for filing necessary income and estate-tax returns (federal and state) and for paying all death taxes (i.e., estate and inheritance). The executor can, in some cases be held personally liable for unpaid taxes of the estate. Child Support Lien Search Request. Prior to individuals receiving money Federal law requires a child support lien search so each beneficiary will need to provide their Social Security number prior to inheritance. Your attorney can handle this, upon request. If child support is owed, and not deducted from the person's inheritance, the executor can be personally liable. Each beneficiary must sign a "Release and Refunding Bond" to distribute the assets.

Power of Attorney and fighting banks that give you a hard time

Suggestions for Executors and Trustees to communicate to beni

Expungement of Certain Marijuana or Hashish Cases

Expungement of Certain Marijuana or Hashish Cases The Marijuana Decriminalization Law, which took effect July 1, 2021, required the expungement of certain marijuana and hashish cases. As a result, the Supreme Court has ordered that thousands of cases be expunged. An expungement means this case is no longer part of your record. You do not have to report this case on a job application, housing application, or college application. The case has been removed from the public record and cannot be used to keep you from school, housing, or most jobs. The courts have expunged the cases of anyone convicted or adjudicated delinquent if your case has only one of these three offenses: N.J.S.A. 2C:35-5(b)(12) - Distribution of marijuana less than 1 ounce or hashish less than 5 grams N.J.S.A. 2C:35-10(a)(3) - Possession of more than 50 grams of marijuana, or more than 5 grams of hashish N.J.S.A. 2C:35-10(a)(4) - Possession of 50 grams or less of marijuana, or 5 grams or less of hashish The courts have expunged other marijuana and hashish cases as well. If the case included only one of the above offenses AND any of the below offenses, it was expunged: N.J.S.A. 2C:36-2 - Possession of Drug Paraphernalia N.J.S.A. 2C:35-10(b)- Use or Being Under Influence of Controlled, Dangerous Substance N.J.S.A. 2C:35-10(c)- Failure to Make Lawful Disposition of Controlled, Dangerous Substance The courts also expunged cases that involved attempts to commit and conspiracy to commit any offense listed above. Attempts and conspiracies to commit these offenses also were expunged according to the July 1, 2021 Supreme Court Order. source https://www.njcourts.gov/marihashexpu...

How to Confirm If a Pot Case Was Expunged and Receive a Certification

NOTICE TO THE BAR PROCESSES TO OBTAIN A CERTIFICATION OF EXPUNGEMENT FOR CERTAIN MARIJUANA AND HASHISH CASES IN ACCORDANCE WITH THE MARIJUANA DECRIMINALIZATION LAW The Supreme Court by Order dated July 1, 2021 provided for the dismissal, vacating, and expungement of certain marijuana and hashish cases involving offenses enumerated in the Marijuana Decriminalization Law, L. 2021, c. 19 (codified in relevant part at N.J.S.A. 2C:35-23.1 and N.J.S.A. 2C:52-6.1). Approximately 360,000 cases in the Superior Court (Criminal and Family) and in the Municipal Courts have been expunged from court case management systems. The Court in that Order required the Administrative Director of the Courts to develop and announce a process that will allow individuals to inquire as to whether their particular case has been expunged pursuant to the provisions of that order and to receive a certification confirming the expungement of their court record. Directive #24-21, issued today and published with this notice, sets out that process in detail.Directive #24-21 Criminal/Family/Municipal – Expungements – Requests for Copies of Expunged or Sealed Records; Certification of Automatic Expungement August 27, 2021 The purpose of this directive is to promulgate procedures to be used when individuals or their attorneys are seeking to obtain copies of the individual’s own expunged or sealed records or seeking a certification that their case has been automatically expunged pursuant to statute and/or Supreme Court Order. Individuals who are granted expungements or have had their records sealed in criminal, municipal, quasi-criminal, or juvenile delinquency matters are entitled to confirmation of those court-ordered or automated actions. Therefore, upon request and presentation of government issued photo identification, copies of an expungement order, a record indicating the case has been sealed, or a certification that the case was automatically expunged are to be provided to the individuals who are the subject of these records or their attorneys without the assessment of a fee. In accordance with any Supreme Court Order granting automatic expungements pursuant to N.J.S.A. 2C:52-6 and N.J.S.A. 2C:52-6.1, an expungement order granted pursuant to N.J.S.A. 2C:52-15(a), or when a case is ordered sealed from public access at the time of sentencing/adjudication, the records that are the subject of the order must be removed and/or isolated. In response to third-party requests for information or records on an expunged or sealed case, the court is required to indicate that there is no record. The restricted access to expunged or sealed records mandated by N.J.S.A. 2C:52-19 applies to third-party requestors, but not to individuals seeking copies of their own expunged records or their attorneys. To ensure adherence to confidentiality requirements surrounding expunged records, the Judiciary is able to audit staff access to the case management systems and applications that house the records and that produce the certification. https://www.njcourts.gov/attorneys/as... Directive #24-21 – Expungements – Records Requests; Certifications August 16, 2021 The procedures, request form, and order are to be used to provide expunged and sealed records to the individual who is the subject of the expunged records. The request form must be completed and presented in person along with a government-issued photo identification. It should be noted that a juvenile (under age 18) must have their parent or attorney make the request for the expunged or sealed record. Requests for a Certification of Expungement submitted by an attorney on behalf of their client will be processed centrally by the Superior Court Clerk’s Office. All other requests for expunged records submitted by an attorney on behalf of their client must be processed by the court where the expungement was granted, or where the conviction or juvenile adjudication was ordered sealed from public access. As noted on the Request Form, any individual who submits a request for expunged records and who makes a false statement under affirmation may be guilty of a crime of the fourth degree pursuant to N.J.S.A. 2C:28-2(a). Matters expunged or sealed upon the order of a Superior Court or Municipal Court judge will require an Order Permitting Release of Expunged or Sealed Records prior to providing the requested record. For automated expungements pursuant to a Supreme Court Order,1 a Certification of Expungement signed by the Superior Court Clerk of New Jersey will be provided in accordance with the attached procedures. https://www.njcourts.gov/attorneys/as... KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500

Sealing Marijuana or Hashish Records NJ

Hire an Attorney to File the Expungement Petition Expungement Services to Apply to Remove/Erase Criminal Arrests and Convictions/ Retainer for Legal Services rev 10/20/21 Please read and fill out interview form at end $1,900 if paid within 7 days Credit card or Check payable to Vercammen PC. [Fee is less if we handled case previously or is charge was dismissed outright in Municipal Court within one month] What we will do: -Telephone consultation with client; -Office consultation with client; -Opening of file and client may have free client case folder, Municipal Court brochure, MVC Points brochure, and Website brochure; -Review documents supplied by client and court; -Review of necessary statutes and case law; -Preparation of VERIFIED PETITION FOR EXPUNGEMENT OF RECORD PURSUANT TO N.J.S.A. 2C:52-6(a) - Preparation of other documents required by the court - Preparation of proposed ORDER FOR EXPUNGEMENT We file with Superior Court Expungement Unit- Petition and supporting documents Email Client with filed Petition Follow up Court Order for hearing (takes approx 60 days) Expungement Services to Remove Bill Misc phone calls to and from client -Call Superior Court Expungement Unit to confirm If Expungement granted and receipt of signed Order for Expungement, Preparation of letter with signed Order for Expungement to Client Please note a Judicial Expungement granted by the Superior Court Judge does not change databases set up by private entities or credit agencies. Preparation of End of Case Letter to client with original signed Order for Expungement and client questionnaire. Please fill out blank lines on your computer or by hand and email or return to office to start Expungement, and provide check or credit card info. You need to provide us with the Certified disposition if your prior offense was in Municipal Court. The Certified disposition should be provided to the Superior Court. To obtain the certified disposition, simply contact the Municipal Court. The Municipal Court will charge a fee of approx $10.00. If you are unable or unwilling to do this, our fee to drive to the court to obtain the Certified disposition is an additional $300. If your prior charge was in Superior Court, provide the Order of Dismissal if dismissed, or Judgment of Conviction JOC if a guilty plea. If PTI Pre-trial intervention, provide copy of Order of Dismissal. Please type up and email back details. Do the best you can. 1. Petitioner's name is _____________. any other name used___________________. Current address ___________________________________ CITY _____________________________ STATE _______ ZIP __________ CELL-PHONE ___________________________________ (Area Code Needed) OTHER PHONE # __________________________ E-MAIL ADDRESS ______________________________________________ REFERRED BY: _______________________________________________ 2. Petitioner's date of birth is _______, Social Security Number is ________ 3. Petitioner was charged on ________________ for violation of the following: N.J.S.A. 2C: ______________ type of offense _________________ Town ___________________ Summons/ Warrant/ Complaint # ____________________ [Leave out traffic tickets ex 39:4-49.1. Traffic tickets cannot be expunged] The original complaint number was ___________ 4. This matter was in ___________ County . 5. This matter was heard in the ______________ Municipal Court on __________ 6. On ______, I plead guilty of the following offense: ________________________. I was fined _____, costs of ______ and ______. Or on ________________, charges were dismissed 7. The following are all other charges against me since I was 18 year old, even if the charge was dismissed: [IF NONE, WRITE NONE] Petitioner was charged on ________________ for violation of the following: N.J.S.A. 2C: ______________ type of offense _________________ Summons/ Warrant/ Complaint # ____________________ Other prior offenses: This matter was in ___________ County , town ______________ Disposition/ result ___________________________________ [If none, write none] The client must provide a written disposition to the law office for all prior criminal charges or typed details you have, even criminal charges you were not arrested or fingerprinted. This is required by the Superior Court. All charges since you were 18 years old. The Law Office can obtain the Certified Disposition for Municipal Court cases, or a Judgment of Conviction for Superior Court charges at a fee of $400 per court. It is usually more cost effective for the client to obtain the court records themselves. Details on expungement at http://www.njlaws.com/expungement.html KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500