Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, September 2, 2009

RULE 4:92. PROCEEDINGS TO APPLY TOWARD DECEDENT'S DEBTS MONEYS RECEIVED ON FORECLOSURE AND PARTITION SALES 4:92-1. Motion

RULE 4:92. PROCEEDINGS TO APPLY TOWARD DECEDENT'S DEBTS MONEYS RECEIVED ON FORECLOSURE AND PARTITION SALES

4:92-1. Motion

A notice of motion supported by affidavit of an executor or administrator made for leave to apply to the payment of the decedent's debts the surplus moneys on a foreclosure sale or the moneys received on the sale of real estate sold in an action for partition shall be captioned in the action in which the moneys arose. The motion and supporting affidavit shall state:

(a) the date of the decedent's death;

(b) the date of the sale under which the moneys were or will be received;

(c) whether any of the heirs or devisees have alienated or encumbered their estate in the lands sold, in whole or in part, or their interest in the proceeds of the sale thereof; and when, and what part and to whom; and

(d) whether any spouse has a right or estate of dower or curtesy in the money, or any part thereof.