NJSBA Family Law Section

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  • 1.  Procedure to deposit funds in deceased attorney's trust account in to court

    Posted 01-05-2017 04:11 PM

    Attorney dies with significant funds in the attorney trust account. Numerous sub-accounts.

    Is there a procedure to just deposit the entire account in to court and let those making a claim for monies apply to the court to release funds?

    Can the executor write checks from the account reimbursing funds?

     

    Thanks in advance for any guidance.

     

    Kevin M. Regan, Esq.

    43 Maple Avenue

    Morristown, New Jersey 07960

    Ph. (973) 998-9880

    Fax (973) 998-9872

    www.kevinreganlaw.com

     



  • 2.  RE: Procedure to deposit funds in deceased attorney's trust account in to court

    Posted 01-05-2017 04:13 PM

    Executor cannot write checks  from trust account unless he or she is attorney

     

    Law Office

    Steven M. Greenberg

    411 Pompton Avenue

    Cedar Grove, New Jersey 07009

    973-857-9300

    Facsimile:  973-857-9333

    Email:  [email protected]

     




    Original Message


  • 3.  RE: Procedure to deposit funds in deceased attorney's trust account in to court

    Posted 01-05-2017 04:34 PM

    Even if the Executor is an attorney, unless they are appointed attorney trustee they cannot do anything with the law practice or the trust account.  At some  point, the executor could potentially have a conflict of interest by filling both rolls so a separate attorney trustee per R. 1:20-19 must be appointed for the deceased attorney.

     

    Alice M. Plastoris, Esq.

    Law Office of Alice M. Plastoris, Esq.

    82 Speedwell Avenue, 2nd Floor

    Morristown, NJ 07960

    Telephone No. (973) 538-7070

    Fax No. (973) 538-7088

    Email: [email protected]

     

    ***EMAIL CONFIDENTIALITY NOTICE*** The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of the email address listed as the recipient of this message.  If you are not the intended recipient of this email message, you are hereby notified that any disclosure dissemination, distribution or copying of this communication is strictly prohibited.  If you have received this transmission in error, plesae notify the sender by return email, and by telephone at (973) 538-7070.

     




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  • 4.  RE: Procedure to deposit funds in deceased attorney's trust account in to court

    Posted 01-05-2017 05:00 PM

    Ms. Plastoris does know the process.  vjg

     




    Original Message


  • 5.  RE: Procedure to deposit funds in deceased attorney's trust account in to court

    Posted 01-08-2017 07:23 PM

    HI;  hope u r well;  when is the next meeting  


    Thank you


    Steven M. Resnick, Esq.

    Family Law; trial and appellate services


    ZIEGLER & ZEMSKY, LLC

    30 W. Mt. Pleasant Avenue

    Suite 206
    Livingston, NJ 07039

    stevenresnick.com

    steven@zieglerandzemsky.com

    Tel:  973-533-1100
    Fax: 973-533-1144





    Original Message


  • 6.  RE: Procedure to deposit funds in deceased attorney's trust account in to court

    Posted 01-08-2017 07:30 PM
    Jan. 17th . are you a member ?

    LYNNE STROBER, Shareholder

    Mandelbaum Salsburg

    3 Becker Farm Rd., Suite 105, Roseland, NJ 07068

    t. (973) 736.4600 x102  |  f. (973) 325.7467

    d. (973) 243.7903

    [email protected]    Bio

    www.lawfirm.ms



    Sent from my iPhone



    Original Message


  • 7.  RE: Procedure to deposit funds in deceased attorney's trust account in to court

    Posted 01-08-2017 07:43 PM


    LYNNE STROBER, Shareholder

    Mandelbaum Salsburg

    3 Becker Farm Rd., Suite 105, Roseland, NJ 07068

    t. (973) 736.4600 x102  |  f. (973) 325.7467

    d. (973) 243.7903

    [email protected]    Bio

    www.lawfirm.ms



    Sent from my iPhone



    Original Message


  • 8.  RE: Procedure to deposit funds in deceased attorney's trust account in to court

    Posted 01-08-2017 08:42 PM
    I think Alice Plasters outlined the procedure here last week.



    Original Message


  • 9.  RE: Procedure to deposit funds in deceased attorney's trust account in to court

    Posted 01-05-2017 04:28 PM

    first you  need to have a R. 1:20-19 attorney trustee appointed by the ASsignment judge in the county where the attorney practiced.  ONce the attorney trustee is appointed that person will be in charge of winding down the practice in accordance with the rule. that also includes returning trust monies to where they have to go to the client or fees for the firm etc.  Only after the attorney trustee has exhausted all remedies of identifying the trust funds and the person(s) they belong too will a detailed certification have to be done and an order can then be signed by the Assignment Judge to deposit the funds in court.

     

    Is there an attorney trustee appointed?

     

    Alice M. Plastoris, Esq.

    Law Office of Alice M. Plastoris, Esq.

    82 Speedwell Avenue, 2nd Floor

    Morristown, NJ 07960

    Telephone No. (973) 538-7070

    Fax No. (973) 538-7088

    Email: [email protected]

     

    ***EMAIL CONFIDENTIALITY NOTICE*** The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of the email address listed as the recipient of this message.  If you are not the intended recipient of this email message, you are hereby notified that any disclosure dissemination, distribution or copying of this communication is strictly prohibited.  If you have received this transmission in error, plesae notify the sender by return email, and by telephone at (973) 538-7070.

     




    Original Message


  • 10.  RE: Procedure to deposit funds in deceased attorney's trust account in to court

    Posted 01-05-2017 04:29 PM

    No the executor has no authority over the trust account.  Look at R. 1:20-19.  If this is morris county, call me and I can walk you through it and Judge Minkowitz and Chris Luongo will know what to do.

     

    Alice M. Plastoris, Esq.

    Law Office of Alice M. Plastoris, Esq.

    82 Speedwell Avenue, 2nd Floor

    Morristown, NJ 07960

    Telephone No. (973) 538-7070

    Fax No. (973) 538-7088

    Email: [email protected]

     

    ***EMAIL CONFIDENTIALITY NOTICE*** The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of the email address listed as the recipient of this message.  If you are not the intended recipient of this email message, you are hereby notified that any disclosure dissemination, distribution or copying of this communication is strictly prohibited.  If you have received this transmission in error, plesae notify the sender by return email, and by telephone at (973) 538-7070.

     




    Original Message