Legal Question in Wills and Trusts in New Jersey
Distribution of family assets/no will
My brother had himself assigned as power of attorney over my Dad's affairs while he was still alive, without notifying me that he was doing so. When my father's assets were distributed he took most everything of value and left me out. My father has since died and he now claims the right to the remaining cash in his accounts. Do I have a way to challenge these distributions ?
1 Answer from Attorneys
Re: Distribution of family assets/no will
In order to get a Power of Attorney (POA) your father had to sign the instrument creating it. If your father had no assets at the time of his death other than his personal effects, there is no need to have an estate created via Probate. Such an estate would be filed in Surrogate's Court in the county in NJ where your father was domiciled at the time of his death. If there is an estate, you would be granted a portion of the estate through the intestate statute governing estates where there is no will. Sometimes people put their money into a joint account with the person who is caring for them and that will often become the asset of the survivor upon death unless certain presumptions can be overcome. If your father had any assets of value such as real estate or the like, it may be worth looking into it.
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