Legal Question in Wills and Trusts in New Jersey
My mother passed away in 2010. She was a NJ resident. My unscrupulous brother was her attorney-in-fact and executor under the will. The provisions of my mother�s will are consistent with accounts I received over the years regarding my brother�s undue influence over my mother. Further, as my mother�s agent under a POA, he likely abused his role as agent for personal gain. While it�s likely that my brother depleted the assets while managing my mother�s affairs (eg; unpaid loans while he had POA, theft, etc.), proving this would be difficult. My minor children are beneficiaries under the will. Each of my children were to receive about $30K from the estate, per the will and an informal accounting provided by my brother�s attorney. Under the circumstances, I was not comfortable signing a release and refunding bond on my children�s behalf, knowing that I would act as a fiduciary. How might I expect the children�s inheritance will be handled so that their interests are protected? Is there anything I must do on their behalf? Thank you.
1 Answer from Attorneys
Your question seems to make sense... until you get to the last 2 sentences....at that point I have no idea what your question is.