Legal Question in Wills and Trusts in New Jersey

What you're suggesting happened post-death is very, very odd.

How could this sibling "gain full and controlling access to this parent's financial accounts in the immediate days following the parent's death..." Under what right could she do this? [a POA would cease at the parent's death, and you indicate she is not the executor. Unless perhaps the accounts were in joint names with the parent and this child...even then, NJ inheritance tax waivers would likely be needed to transfer the accounts.

The executor needs to hire an estate attorney ASAP. The Will must be probated immediately. This will give the executor the power to control the estate's assets, and if necessary, bring a lawsuit against the younger sibling.

The youngest daughter who did this is in big trouble. Even including jail time if she stole anything.

The executor needs to get a lawyer and get on this right now. That money does not belong to the youngest daughter, and she needs to give it back right now. If she does not, then the executor has many very strong legal remedies to force this.

Give me a call, make an appointment to come see me, and I will go over this with you, and give you some advice.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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