Generally, a prior demand by the plaintiff for an accounting, and a refusal by the defendant to account, are conditions precedent to the bringing of an action for an accounting. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New Jersey Notice of Termination of Attorney and Request for Accounting
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How to fill out Notice Of Termination Of Attorney And Request For Accounting?
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. (a) Actions to settle the accounts of executors, administrators, testamentary trustees, non-testamentary trustees, guardians and assignees for the benefit of creditors shall be brought in the county where such fiduciaries received their appointment.
Under the new law, an agent under a power of attorney owes a fiduciary duty to the principal, or to his guardian if the principal has been found to be incompetent, and must act for the sole benefit of the principal at all times. N.J.S.A. B-8.13(a).
A durable power of attorney is a power of attorney which contains the words "this power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time," or " this power of attorney shall become effective upon the disability or incapacity of the principal," or similar words ...
Limited (Special) Power of Attorney Give limited powers to an agent for specific tasks. The powers typically end when the tasks have been completed. Signing Requirements: Notary public (§ B-8.9).
If you gave your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (part of the county clerk's office in New Jersey) in the county or counties where you own real estate.
An attorney who has entered an appearance for a party must file a motion to be relieved as counsel when another attorney is not being substituted. Notice of such motion, including the date of the hearing, shall be given to the client to afford an opportunity to be heard on the motion.
State laws regulate the procedures and requirements for this legal process. In New Jersey, durable power of attorney laws require that the process be signed and dated, with two witnesses declaring that the signee is "of sound mind and free of duress and undue influence."
Especially as between a husband and wife or a parent and adult child, the law does not delegate legal decision making in favor of a spouse or child in the absence of a written power of attorney, guardianship or conservatorship.
