Legal Question in Wills and Trusts in New Jersey

Are there any other relatives, such as children or siblings of the grandfather? If there is serious concern about the actions of the caregiver, the family may want to seek a determination that he lacks mental capacity and appointment of a guardian of his person and of his estate.

A person may change the will whenever he likes, and at whatever age, so long as he has the mental capacity for making a will.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

I have run into several cases like this, and it is always a huge concern when it happens. I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

I also have seen instances of this, where the care-giver has used what is tantamount to undue influence on an elderly person to get the person to disinherit his family in favor of the care-giver. At 99 years of age, the person feels totally dependent upon the care-giver and wants to give rewards. I agree that a guardianship be considered and this requires psycological and physical examinations and litigation. An attorney handling elder care and guardianships should be consulted. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship..