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If thethe estate administrator is incapacitated. The oldest daughter has Durable Power of Attorney. Does that give her rights.
Burlington, NJ
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Posted about 1 month ago in Power Of Attorney
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The Estate administrator is incapacitated with a mental illness. The oldest daughter has Durable Power of Attorney over her father. Does that give her authority of signing her father's name on an estate property sale or sign her name as the POA, when she was not appointed by the heirs nor the heirs had renounced there administraton rights to her. Having Durable Power Attorney over her father only gives her authority only to her father's name but the father's is the administrator of the estate. Does the estate belong to the father's name when there are other heirs. Or does the estate need to appoint a new administrator. This questoin applies for the State of NJ
Answers (1)
Ronald Anthony Sarno
This attorney is licensed in New Jersey and 1 other state.
Posted about 1 month ago.
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The father's fiduciary role as an executor of an estate cannot be transferred to the daughter even if she has a durable power of attorney because that was not the will of the testator. An application must be made to the surrogate court for a new executor unless a secondary one was appointed by the will. Nothing prevents her from being appointed the new executrix if none of the next of kin of the deceased object. Any legal document she signed as POA for an estate matter is improper and has no legal effect. In regards to a property sale she is legally incapable of transferring title, and neither a Lender for the buyer or the title search company would accept a deed executed by her as legally binding.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you: Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems; Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..………………………….. Estate Litigation with a will Estate Litigation without a will LEGAL DISCLAIMER………………………………………………………………….. Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue. |
