Legal Question in Wills and Trusts in New Jersey
intestate
My 88 yr. old father just died 6/16/07 without a will there are 8 siblings all adults with 1 daugh. myself who was his care giver and a nurse who also cashed his checks and paid his bills for the last 3 yrs. I had a POA drawn up and my dad had agreed to sign that was to be witnessed in the nursing home were he was confined. The social worker was there along with the representative from the admissions dept. along with my dad's youngest brother who is 74yrs old, and they lived next door to eachother for the last 47yrs. as well as the notary, but my father was lied to by my other siblings the nite prior to signing. It all came out afterwards that they told our father that me and uncle lee were staeling his checks etc. which was all fase . My dad trusted and depended on me and his brother. We were the only 2 that took him to the drs. and medical appts. etc. with no expectations of financial gain. Myself and 1 other sister and our only brother who is 47 and the youngest have never burdened our dad for money we always made our own way. The other 5 and their children have always been a source of problems due to thier greed and selfish ways. Since he died intestate do I still hire an attorney to protect his estate during this process?
2 Answers from Attorneys
Re: intestate
First, my condolences on the death of your father.
If your father had any assets left at the time of his death, his estate should be administered. Without leaving a will, state law governs, providing for which relatives may act as personal representative ["PR"] of the estate to carry out its administration, and also provides for which relatives [and in what order and proportion] inherit his assets, if any are left after paying all debts, including taxes due.
If you and other heirs believe that his assets were wrongly taken or used, you may seek an accounting from the person who held the power of attorney.
You should consult with an experienced estates lawyer in the County where your father resided at the time of his death to find out what your options and responsibilities are.
My NJ office is in Collingswood [Camden County[.
Re: intestate
Whatever good the power of attorney might have been, it would no longer be of use because your father has passed.
I am not sure that I understand the structure of your family well enough to advise you further. In the beginning, you said that your father had eight siblings and one daughter. Later, you talk about having a brother and sister. If you call, I'll see if I can help.
See also: http://info.corbettlaw.net/lawguru.htm
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