Newsletter NJ Laws by Kenneth Vercammen, Esq.: E667 VercammenLaw News

1. Inheritance Tax Return Sections and Filing

2. Leaving Scene of Accident and Failure to Report

3. Motion for Enforcement of Litigants Rights in a Probate or Estate Administration Case

4. Notarize Last Will & Testament

5. Edison Elks 50^th Anniversary Photo - Ken Vercammen, Doug Pearson Mayor Joshi

6. Photo - Cliff Lenox, Al Vercammen & Ken at Edison Elks 50th anniversary

1. Inheritance Tax Return Sections and Filing

https://www.youtube.com/watch?v=deBUKY0_ILg

Who pays the NJ Inheritance tax? The beneficiary does, unless the Will says the Estate pays the inheritance tax. Transfer Inheritance Tax is a “beneficiary” tax, and is based on who specifically receives a decedent’s assets, and how much each beneficiary received. https://www.state.nj.us/treasury/taxa... Currently, the law imposes a graduated Inheritance Tax ranging from 11% to 16% on the transfer of real and personal property with an aggregate value of $500 or more to certain beneficiaries.

https://www.state.nj.us/treasury/taxa...

Class C: First $25,000 free, then taxed at 11%. Calculate taxable amount, then multiply by 11% to calculate amount due. Class ”C” - Brother or sister of the decedent, including half-brother and half-sister, wife or widow of a son of the decedent, or husband or widower of a daughter of the decedent. -taxed at 11%–16%, with the first $25,000 exempt. First $ 25,000 Next 1,075,000 11% tax

Class “D” - Every other transferee, distributee or beneficiary who is not included in Classes “A”, “C” or “E”. taxed at 15% Class D: taxed at 15%. Multiply amount by 15% to figure out tax due. Benjamin Franklin famously said nothing in life is certain, except for death and taxes. Had he been alive today, he could have been referring to New Jersey. As of January 1, 2018, NJ no longer levies an estate tax, but that's not the case for many people who died in 2017 or their beneficiaries.

2. Leaving Scene of Accident and Failure to Report

https://www.youtube.com/watch?v=aCV3cYKHeus

There is mandatory 6 month loss of license for leaving the scene with property damage only. Our goal as the attorney is to negotiate with the prosecutor to reduce down to a violation with no suspension

3. Motion for Enforcement of Litigants Rights in a Probate or Estate Administration Case

https://www.youtube.com/watch?v=pXs4bOc_f_0

Motion for Enforcement of Litigants Rights in a Probate or Estate Administration Case if Executor or beni does not comply with a court order. RULE 1:10-3 - Relief to Litigant Notwithstanding that an act or omission may also constitute a contempt of court, a litigant in any action may seek relief by application in the action. A judge shall not be disqualified because he or she signed the order sought to be enforced.

If an order entered on such an application provides for commitment, it shall specify the terms of release provided, however, that no order for commitment shall be entered to enforce a judgment or order exclusively for the payment of money, except for orders and judgments based on a claim for equitable relief including orders and judgments of the Family Part and except if a judgment creditor demonstrates to the court that the judgment debtor has assets that have been secreted or otherwise placed beyond the reach of execution. The court in its discretion may make an allowance for counsel fees to be paid by any party to the action to a party accorded relief under this rule. In family actions, the court may also grant additional remedies as provided by R. 5:3-7. An application by a litigant may be tried with a proceeding under R. 1:10-2(a) only with the consent of all parties and subject to the provisions of R. 1:10-2(c).

4. Notarize Last Will & Testament

https://www.youtube.com/watch?v=DpBuS-EG2-Y

Will Signing Instructions for Wills with Notary: Need notary, person signing and two witnesses over age 18 in the same room. Testator [person whose is signing Will], two Witnesses and Notary all must be present in room at the same time. No one to leave room until signing completed. The witnesses should not be beneficiaries under the Will if there is unequal distribution or issues on competency. It is best if the witnesses are unrelated to beneficiaries if there is unequal distribution. Anyone over age 18 can be a witness. 1. Testator initials bottom of all pages in blue ink. 2. Testator in signature section handwrites date and signs above their name 3. After “SELF- PROVING AFFIDAVIT” for a second time Testator in signature section handwrites date and signs above their name. This is usually last page. 4. Witness 1 - signs name, puts address, prints name (this is done twice on Will) Witness 1 can be spouse or a Beneficiary on the Will. However, if someone is excluded in the Will, it is better a beneficiary not be the witness. 5. Witness 2 - signs name, puts address, prints name (this is done twice on Will)

5. Edison Elks 50^th Anniversary Photo - Ken Vercammen, Doug Pearson & Mayor Joshi