Legal Question in Wills and Trusts in New Jersey

Possibly. While your brother acted under the POA (since Dad did not close out the account himself), there are several theories that can be raised in litigation by the companion. Thus, there is always the possibility of litigation and who knows what a Court will decide. This will become a case of he said, she said, and the exposure exists that the estate could lose. Be prepared to defend a suit, and it is suggested that you get medical records of how your Dad was, mentally and physically, at the time the account was closed. If there were witnesses to Dad's conversations about closing the account (other than you and your brother) get their statements in writing and have the writing notarized, as their testimony could be helpful to you. If you have any information why Dad changed his mind after 8 years, get the documentation for this also.

This could be a problem. I have read what the other attorney wrote, and most of it is correct.

Call me if you would like an attorney to assist; I will see what I can do to help.

Based on the limited facts provided, I think the companion may have a strong claim against your brother as POA and/or the estate.

My advice would be to negotiate a settlement sooner rather than later and save the thousands of dollars in attorney's fees that you will ultimately spend [win or lose] if this is litigated.