Legal Question in Wills and Trusts in New Jersey

Re: estate executor

Just because your sister lives with your mother does not give her the right to spend your mother's money. To do do that, your mother would have to name her in a power of attorney (or perhaps make her the joint owner of a bank account).

If your sister is acting under a power of attorney, she is supposed to use your mother's assets for your mother's benefit. If not (i.e. if she's misappropriating funds) she can be sued by your mother, her estate, or an estate beneficiary or creditor.

Re: estate executor

UNLESS SHE GIVES HER POWER OF ATTORNEY OVER HER AFFAIRS, YOUR SISTER HAS NO RIGHTS. IF SHE DOES HAVE OR GETS A POWER OF ATTORNEY, SHE HAS A FIDUCIARY OBLIGATION TO ACT PROPERLY. I SUGGEST YOU HAVE YOUR MOTHER GIVE A JOINT POWER SO YOU ALSO NEED TO SIGN. ALSO, TELL YOUR MOTHER THAT BY PUTTING YOUR SISTER'S NAME ON ANY ACCOUNT, SO SHE CAN SIGN AND PAY BILLS, MIGHT RESULT IN YOUR SISTER CLAIMING THE BALANCE IN ANY ACCOUNT BELONGS SOLELY TO HER, AND WILL NOT BE PART OF THE ESTATE. I SUGGEST THAT IF A POA IS GIVEN, IT BE PREPARED BY AN ATTORNEY AND SPELL OUT WHAT CAN BE DONE, HOW THE HOLDER OF IT NEEDS TO ACCOUNT TO OTHER FAMILY MEMBERS, AND ALSO STATES THAT ANY ACCOUNTS REGISTERED IN BOTH NAMES ARE FOR ACCOMODATION ONLY, AND ARE NOT TO BE CONSIDERED GIFTS TO THAT PERSON.