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NJ probate laws, is a power of attorney still valid after person's death
Asked over 3 years ago - Point Pleasant Beach, NJ
can you tell me if I have any rights if I am excluded from my mothers will? She passed recently. I have three sisters and most of the assets came from my Dad whom was the father of me and one of those sisters, he died three years ago without a will and my mom received all monies and assets at that time we believed. When my Dad passed my mom and I had a falling out and she hadn't talk to me since. I was told that when my Dad died, we should have gotten a quarter of what was in my Dad's name alone. Is that true?
Also, 5 days before my mom pased 2 of my sisters went and got power of attorney-and are saying the will will not be given to the courts for at least a month, does that sound right?
Additional information
Also, from what Iam told an attorney drew up the will, but my Mom was in an assisted living due to depression and being a danger to herself-her psychologist had her put there because she said she wanted to hurt herself and I was never told she was not mentally competent at any point. Two of the sisters are controlling everything....right down to who they allowed at her wake. Do I have any rights or recourse?
Also, from what Iam told an attorney drew up the will, but my Mom was in an assisted living due to depression and being a danger to herself-her psychologist had her put there because she said she wanted to hurt herself and I was never told she was not mentally competent at any point. Two of the sisters are controlling everything....right down to who they allowed at her wake. Do I have any rights or recourse?
Attorney answers (2)
First, I agree with the other posting. There are several issues and you should seek counsel.
That said, a power of attorney is not valid after the death of the principal. If your mother (assuming she had the capacity to do so) executed a general power of attorney naming her daughter as her agent, her daughter's authority to act under that power of attorney would end at your mother's death.
A person excluded from a Will, even a relative, has no rights under that Will. However, such a person, as someone who could benefit from an intestacy (a situation where there was no Will), might be able to challenge the Will as being invalid. Timing is critical and you should seek counsel immediately to review options.
That said, a power of attorney is not valid after the death of the principal. If your mother (assuming she had the capacity to do so) executed a general power of attorney naming her daughter as her agent, her daughter's authority to act under that power of attorney would end at your mother's death.
A person excluded from a Will, even a relative, has no rights under that Will. However, such a person, as someone who could benefit from an intestacy (a situation where there was no Will), might be able to challenge the Will as being invalid. Timing is critical and you should seek counsel immediately to review options.
You have so many issues and potentially so much at stake -- from your father's estate to your mother's -- that you need to bring both Wills and meet with a local probate attorney to advise you. If you don't have them, then assuming your father's Will has been probated, it are available in the from the county Surrogate's office, and your mother's will be soon.
As for taking one month to probate, this does not sound unreasonable on its face.
I would also advise you to find a way to work out any family squabbles -- it's never a good thing, personally or financially. Good luck.
As for taking one month to probate, this does not sound unreasonable on its face.
I would also advise you to find a way to work out any family squabbles -- it's never a good thing, personally or financially. Good luck.
