Legal Question in Wills and Trusts in New Jersey
My mother passed 2 months ago. My sister said that she was having a POA drawn up so that me and her could have some say over my mothers affairs once she passed. My sister says that POA never happened, but before my mother passed she told me it did and that she thinks it was a bad idea. Now my mothers money 100k+ has gone missing. She planned to leave something to Me, my sister and all the grandkids. How do I find out if my sister conned my mother into signing a POA (NJ). Also, would I have any legal right to check my sisters bank accounts to see if she took my mothers monthly SSI checks without her knowing it? Before passing my mother expressed to me that my sister took her money and would not give it back and that she thought the POA was a bad idea. I was wondering what legal action rights I have to investigate what happended to my mothers money. What a mess!
2 Answers from Attorneys
First of all a POA is void at time of death. The document that then controls is the will snd who is named executor or admnistrator of the estate. Any money that might have been taken or given by your sister is not part of the estate but a part of another lawsuit agianst your sister. If you want to retain an attorney contact my office.
Larry is correct about the POA and how a Will takes its place when someone passes. However, in and of itself this might not answer any questions about what happened before Mom died. You might have to examine Mom's banking records for periods before she died to see what happened to her assets and SS payments. Sounds like you might have to bring a suit against your sister. You might want to check in the County recording office where Momlived to see if the POA has been recorded. If Mom had no Will (check with Surrogate where Mom lived to see if a Will has been filed) see if your sister filed to be the Administer of her estate.
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