Legal Question in Wills and Trusts in New Jersey

Re: POA vs executor

You do not say if a successor Executor was named in the Will and, if so, who it is and if your brother would renounce in favor of the successor. This would be the simplest and easiest, plus be less costly and less embarrasing to having some litigation. If your brother will sign a POA gtiving you the rights to handle the estate, this can be done, but his mental state might question his ability to do this, if even permitted. More information is needed to provide a proper response, such as the Will provisions, how your brother has been failing to do his job, his mental capacity at this time, etc. You can contact me directly with this information and I will respond.

Re: POA vs executor

Generally most wills list a contingent executor - therefore I would check your mothers will and see if anyone is listed as contingent executor/trix. If you cannot locate a copy of the will check with the Surrogates office in the county where your mother resided. Then you could hopefully have your brother transfer/renounce hs position to the contingent executor/trix.

This would possibly avoid the cost of litigation - also as your brother now is diagnosed with dementia I don't know if he would have the required capacity to sign a POA.

In addition be prepared to come up with examples of your brother failing to do his duty as executor.

If the brother fails to renounce then you may have to proceed with removing him as executrix via litigation. If you need any further help please call or email me.

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relationship. It is a comment on the legal question posed by the

poster and should not be relied upon in any way. All readers are

advised to consult an attorney to address their specific legal

concerns. Additional facts could affect the answer given.