Legal Question in Wills and Trusts in New Jersey

You are POA for an elderly relative. A will is already in place give you a 60% share of assets. You are asked to fill out a "Distribution of Funds upon Death" form for his investment account. Does this form superseed the will if percentages are changed?


Asked on 1/08/15, 10:41 am

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Typically, yes...Which can put the attorney-in-fact in a difficult situation [i.e. a conflict of interest]. Another option is to simply not sign such a form, and have the account pass under the Will so as to avoid any potential conflict with the distribution of that account.

Read more
Answered on 1/08/15, 11:27 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Jersey