Legal Question in Wills and Trusts in New Jersey

The agent named in your father's POA would have had no legal authority or power to sell any of your father's assets after your father died since the agent's authority under the POA terminates upon death. If what you're saying is true, you may have a claim against the agent named in the POA.

In addition, you should have been provided with Notice of Probate and a copy of your father's Will shortly after the Will was probated....not 2 years later. Again, you may have a claim against the executor. I would need to review all of the facts before providing you with a definitive answer.

I would be more than happy to review the documents. However clearly the power of attorney ceases to have any power with the death of the principal. You probaly have a claim against the executor.

You have heard from several attorneys. I would need to know more to tell you what your rights are and what you should do. Give me a call to discuss this, and I will give you some guidance. It does sound like you are not being told what is going on, and you are not being asked before your father's POA (maybe the executor?) takes action.

Robert Davies 201 820 3460

Most of the replies are accurate and claims may exist against the POA and the Executor, if the Will was promptly probated and nothing was done by the Executor to recover estate assets. There are complications as there may be a possible defense by the POA, in that he or she did not know about your father's death, so there was no knowledge that the Power was no longer effective, and his/her apparent authority to sell assets. A practical question to you. Is the value of the shed, and any contents (if you have an entitlement thereto) worth the time and effort that may be involved? This could be long, expensive and complicated lotigation and the costs might exceed the value of what you could receive if you were successful and could not recover anything.