Legal Question in Wills and Trusts in New Jersey

Re: Mother has no will

If she is still competent, she should sign a will disposing of her assets as she wishes and appointing an executor or co-executors. She should also propably have a living will and power of attorney. The bank account could be a problem if it was re-titled into joint names with your sister. I assume your mother would not want the entire account to go to your sister at death, but with a joint account, that's what would happen (unless your mother clarifies her intention that this account is to be considered as part of her estate).

Re: Mother has no will

I agree with the other authors. The degree of competency for a Will is actually quite nominal: Does she know what she owns and who are the natural objects of her bounty (here the children). If her doctors can verify she has the minimal competency and is not medicated to the point of incapacity, I strongly urge she have a Will, a Health Directive (Living Will) and, if not done already, a durable Power of Attorney. I can assist you with all documents and provide instructions on their completeion and execution, witnessing and notarization. The Will is particularly important, as without it, her estate will pass by intestacy (dying without a Will). While the result would be the same as having a Will (the children will inherit), it would require an administration procedure, rather than a Will probate. The major differential is that administration requires the estate representative be bonded, which can be difficult to get and is costly. If you can have her do a Will, even at this late date, it is preferable.

Re: Mother has no will

As long as she is competent (verified by her Doctors), she should make a will. She can also have a durable power of atorney for health care and a living will. You should contact an attorney.