Legal Question in Wills and Trusts in New Jersey
My boyfirend of 3 years and would like to get married. However he just recently found out that his mother has Legal Guardianship, POA and Trustee over him. In 1995, at the age of 17, he was in an auto accident that caused a TBI. After the accident and many months of rehab, he was able to move on with his life and lead an active life. He lived with his father, took care of himself, kept jobs, etc. However, in 2006, after his father passed and he came into a inhertiance, his mother did not approve how he was living and taking care of things. Hence the all the legal actions took place. Now, he lives with me, pays for no expensences, since his mother controls his money, he for the most part holds a job as a temp, due to the recession. But has been on unemployment. All his current monthly bills, car payment, car ins, health ins, credit cards etc get paid on time and in most cases in full. What legal action must we take prior to getting married? Or by getting married, does the guardianship become nulified?
1 Answer from Attorneys
If the guardianship, etc., was based on his being under the age of majority, he should be able to get it removed or terminated. If his mother does not agree to turn over the assets she holds for his account, he will have to go to court to enforce his rights. If it was based on lack of mental capacity, he would have to petition court to remove or terminate it. He would have to get medical expert opinions that he does not lack mental capacity and is able to manage his affairs.
Any inheritance, if it was bequeathed directly to him, should have been paid to him, and not to his mother, unless the court order creating his mother's guardianship/Trusteeship required the inheritance be paid to her as Trustee.
If his mother is not paying for his living expenses, and he is not receiving medicaid or other such benefits, he may have the right to force her to use or pay assets she holds for him toward his expenses.
Your boyfriend should have an estates lawyer in the county where his father resided and/or where your boyfriend resides review the will, other probate documents, and the order that gave your mother the Legal Guardianship, POA and Trusteeship, to determine your boyfriend's rights and how to enforce them.
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