E708 VercammenLaw News

1 Probate and Estate Administration to make visit with Surrogate easier

2. Why you should sign an updated legal Power of Attorney- Do not use a form found online

3. Post Will & POA Signing Instructions

4 Sign a Living Will /Advance Directive in the event you become permanently unconscious, are in a terminal condition or serious irreversible illness

5 Reminder email to be put on VIP list Happy Hour at Headliner Club in Neptune on August 2 Friday at 6pm.

6 Charity runs and swims

1 Probate and Estate Administration to make visit with Surrogate easier

Prior to Covid, Executors had to make a personal appearance in the County Surrogate’s Office. Due to Covid, County Buildings and Surrogate’s offices were closed to the public. Therefore, to handle probate matters when there is a valid Will we first fill out the Surrogate’s Information Sheet.

Then we forward the Surrogate’s Information Sheet together with a copy of the Will and copy of Death Certificate. Each County Surrogate has its own procedures.

Then the surrogate is sent by certified mail:

- Original Will

- Original Death Certificate

- Signed Surrogate papers

- Check typically for $160

We receive paperwork from the Surrogate to be signed by the Executor then we file with the Surrogate:

- Notarized Application for Probate

- Notarized Auth to accept process

- Notarized child support form

Thereafter, the Surrogate will forward your attorney or you the Letters Testamentary. We handle almost everything by email, fax and certified mail.

If there is no Will, the procedure is more complicated, called an Administration.

All the beneficiaries need to sign a Renunciation to select a person to serve as Administrator. We then fill out, notarize and file the following document with the Surrogate.

[ X ] Application Administration

[ X ] Renunciation by all Beni

[ X ] Administration Affidavit of assets

[ X ] Administrator Qualification

[ X ] Power of Attorney Administration

[ X ] Child support lien notice

[ X ] acknowledgement receipt of bond info

[ X ] Original Death Cert

If all beneficiaries will not sign the Renunciation, then an expensive Complaint and Order to Show Cause must be filed requesting a Superior Court Judge to select someone to be the estate Administrator.

2. Why you should sign an updated legal Power of Attorney- Do not use a form found online.

A Power of Attorney should always contain reference to the NJ statute requiring banks to honor the Power of Attorney. Section 2 of P.L. 1991, c. 95 (c. 46:2B-11). A NJ bank or brokerage company does not have honor a Power of Attorney without the proper NJ language.

Also, if you or your representative move it is a good idea to have a new POA prepared since a bank may give your selected agents a hard time if the address on their license is different than the address on the POA.

A Power of Attorney is a written document in which a competent adult individual (the "principal") appoints another competent adult individual (the "attorney-in-fact") to act on the principal's behalf. You usually select a spouse, child or family member. In general, an attorney-in-fact may perform any legal function or task, which the principal has a legal right to do for him/herself. You may wish to sign a Power of Attorney giving your spouse, children or partner the power to handle your affairs if you become ill or disabled. In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your spouse, family or partner cannot pay your bills or handle your assets. The result can be lengthy and expensive delays. Have a current Power of Attorney prepared. Avoid having to spend $4,000 on a lengthy guardianship.

We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with Combined Advance Directive for Health Care.

The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

3. Post Will & POA Signing Instructions

You keep your original Will. Only the original Will can be admitted to probate by the Surrogate. The County Surrogate cannot probate a photocopy of Will or scanned Will. That is why it is important that you know where the original Will is located, and it is in a place the Executor can easily get to it. Buy a fireproof box. Wills are not registered or filed until someone dies.

After documents are signed, for record keeping, it is a good idea to email scanned copies of your documents to family, Executors, Trustee, Guardian and children if appropriate.

Scan your Power of Attorney and send to your Bank, Accountant and Financial Advisor, Life insurance agent etc. We also recommend you email the Living Will to doctors and family.

Some clients also prepare a list of online passwords for accounts and digital assets. You should prepare a Post Will Letter of Instruction to your Executor and family. We provided a free form at www.njlaws.com/letters_of_instruction.html

I recommend that you review your Will periodically in order to keep it up-to date regarding changes in your family, your property, your wishes, and the law. Also to make sure the Executor can still drive and be able to go to banks, etc.

4 Sign a Living Will /Advance Directive in the event you become permanently unconscious, are in a terminal condition or serious irreversible illness

A Living Will is your written expression of how you want to be treated in certain medical conditions. This document will permit you to express whether or not you wish to be given life-sustaining treatments in the event you are terminally ill or injured, to decide in advance whether you wish to be provided food and water via intravenous devices ("tube feeding"), and to give other medical directions that impact the end of life.

"Life-sustaining treatment" means the use of available medical machinery and techniques, such as heart-lung machines, ventilators, and other medical equipment and techniques that will sustain and possibly extend your life, but which will not by themselves cure your condition. In addition to terminal illness or injury situations, NJ will permit you to express your preferences as to treatment using life-sustaining equipment and/or tube feeding for medical conditions that leave you permanently unconscious and without detectable brain activity.

Example:

A. Fluids and Nutrition.

I request that artificially provided fluids and nutrition, such as by feeding tube or intravenous infusion [Most people initial #1]

1. ______ shall be withheld or withdrawn as "Life Sustaining Treatment."

2. ______ shall be provided to the extent medically appropriate even if other "Life Sustaining Treatment" is withheld or withdrawn.

B. Directive as to Medical Treatment.

I request that "Life Sustaining Treatment" be withheld or withdrawn from me in each of the following circumstances: ]

(Most people initial 1-4 )

1. ______ If the "life sustaining treatment" is experimental and not a proven therapy, or is likely to be ineffective or futile in prolonging my life, or is likely to merely prolong an imminent dying process;

2. ______ If I am permanently unconscious (total and irreversible loss of consciousness and capacity for interaction with the environment);

3. ______ If I am in a terminal condition (terminal stage of an irreversibly fatal illness, disease, or condition); or

4. ______ If I have a serious irreversible illness or condition, and the likely risks and burdens associated with the medical intervention to be withheld or withdrawn outweigh the likely benefits to me from such intervention.

___ None of the above. I direct that all medically appropriate measures be provided to sustain my life, regardless of my physical or mental condition. [This means you want to be kept alive with tubes, no one pick this]

If you or anyone you know needs an updated Will, Power of Attorney or Living Will, please have them fill out our confidential interview form. Contact the Law Office of Kenneth Vercammen at 732-572-0500.

5 Reminder Happy Hour at Headliner Club in Neptune on August 2 Friday at 6pm.

Clients, Friends, Professionals and friends invited.

RSVP please email VercammenLaw@Njlaws.com

Outdoor music, Bring your friends. Pass this along. Please bring a canned food donation for St. Matthews Edison Foodbank. Also Celebrating Ken’s 65^thbirthday.

Co-sponsored by several Professional groups, Chambers of Commerce and civic organizations Free to attend

Ken Vercammen will buy a drink for all registered ahead.

Headliner requires attendees be submitted one day ahead. Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.

Headliner is located at 1401 Route 35, Neptune NJ, 07753 with a 2^nd floor view of the Shark River.

More details at https://www.facebook.com/events/906077377984376

All over 21 invited.