Legal Question in Wills and Trusts in New Jersey

Re: Account left payable upon death to heir

Do you think your uncle was of sound mind when he did these things? Could the handyman have some special control over him that would make him do something he otherwise wouldn't?

The above questions illustrate the 2 basic situations in which a Court might undo something a person did during his lifetime or provided for in his Will.

If your uncle was of sound mind, he has the right to adopt or give his POA to whomever he wants. The other situation is a little more complicated but it is referred to as "Undue influence." If the handyman was able to get your uncle to do something out of fear, misunderstanding, etc. it may be voidable. Notice that there is an element of not being of totally sound mind here but less of a showing of a lack of soundness is required the greater the influence there is.

How long was this handyman known to your uncle? What was their relationship? It's possible he did feel as close to him as a son so if your uncle gave him everything in his Will it would probably stand up. However, transferring funds via a POA espeiclally when the principal (your uncle) is incapacitated would be looked at very suspiciously by a Court.

Consult with a Probate attorney as son as possible. Good luck.

Re: Account left payable upon death to heir

I agree with Dale, that these actions are questionable. You might consider a suit if you can show your uncle was not competent or that undue influence was used, or if some fraud was involved. This might also go to the "adoption", as the adoption of an adult is very unusual, but not unheard of. You do not say how much money is involved. Will contests and these types of suits can become very costly, and the amount involved might not justify starting suit.