Legal Question in Elder Law in New Jersey

''estate'' bank account

Our mother is diagnosed with slight Alzheimers and dementia. Our sister is Medial and financils POA and Executrix. Their are 5 siblimngs, and the will was drawn up prior to mental decline and equal split of estate to siblings is instructed. Recently, Sister (POA and Executrix) closed the joint account she had with Mother, moved it to another account and named herself primary beneficiary on this account. We think she is trying to take any estate for herself. Doesn't the sister have legal responsibility to divide the estate as the will states, especially as the executrix? Why copuld this move been prompted (by an Atty perhaps). Mother and other sibling are unaware. Banker blew the wistle to one sibling.


Asked on 10/25/08, 5:21 pm

1 Answer from Attorneys
Nancy M. Rice, Esq., CELA Elder Law Offices of Nancy M. Rice

Re: ''estate'' bank account

Your sister does have a "fiduciary duty" to your mother. Is your mother aware of what your sister has done? Slight Alzheimers/dementia should not prevent her from addressing this. Your sister may have gotten advice from an attorney; you need to find out what is going on.

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Answered on 11/01/08, 11:07 am


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