Legal Question in Wills and Trusts in New Jersey

First, a power of attorney ceases to be effective upon the death of the person who made it.

The man could/should have had a Will, that spelled out how he wanted his estate to be divided. The will, however, could not direct how his widow would be cared for. He could have created a trust, during his life, or by his will, leaving money to provide for her. A will would not govern the daily care of his widow.

If the widow is mentally incapacitated (note, not if she is physically incapacitated), and if she herself does not have a power of attorney that was signed when she still had mental capacity, appointing an agent to act on her behalf, then a court would hear a petition to appoint a guardian of the widow. The court would decide, first, if she needed a guardian, and second, if so, who the guardian should be.

Did the man deed the home to his daughter-in-law before he died, or was that supposed to take place at some later time? If the home had not been transferred before his death, it would be part of his estate.

The estate of the deceased man has to be administered, whether he had a will or not. It sounds like someone in the family should be consulting with an estates lawyer.

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.