Legal Question in Elder Law in New Jersey

Will and attorney for estate

I have a will that was created for my sister in new Jersey. She is now in a nursing home in Minnesota. Section 11 of the will states ''I hereby direct that (Her Attorney. Let's call him Max) shall act as attorney for my estate''

Since my sister will most likely die in Minnesota, am I bound to use Max as the attroney for probate and estate issues after she dies? Or can I just hire a lawyer in Minnesota?


Asked on 3/18/07, 6:07 pm

1 Answer from Attorneys
Steven Vatndal Law Office of Steven J. Vatndal

Re: Will and attorney for estate

I she still competent to sign a Codicil (i.e. amendment) to her will?

If not, when the time comes, I would hire a Minn. atty. to open a probate here (if probate is necessary). Given the circumstances, a judge would probably construe the will as not requiring the additional expense of hiring the NJ attorney (if he is even still practicing). In the unlikely event someone complains and a judge construes the will otherwise and the NJ atty is still practicing, you can then hire him to play a minor role.

Please e-mail me if you have further questions.

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Answered on 3/19/07, 9:21 am


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