Legal Question in Wills and Trusts in New Jersey

Re: POA - only for family or for state

I would need to review the POA and see what financial steps were taken in order to determine if you 'overstepped' your authority under the POA. It's possible that you did, but that will depend on the powers granted under the POA.

However, in NJ, there really is no 'state' scrutiny in the probate process. As long as the beneficiaries agree with what you have done in terms of following your father's wishs, it is unlikely the state will get involved. Your bigger problem seems to be that your brother does not approve of what you did while acting under the POA...(did you consult with him first?). It seems to me that may be a bigger issue.

Re: POA - only for family or for state

You are not specific as to what the POA has authorized you to do, so it needs to be reviewed by an attorney (you could FAX me a copy at 973-377-8167) to determine if what you did was permissable. Usually, on-line documents are rather glib and may only authorize limited activity, such as signing checks, paying bills and the like. Unless the document authorized more extensive activities, your actions may have gone beyond your authority, and can be questioned by the people they affected. Powers of Attorney terminate with the death of the maker, so they, in themselves, are not subject to scrutiny as part of a probate. Ancillary to these comments is whether or not carrying out your father's written instructions (you make no mention of whether they were notes to himself or directions he intended you to follow; when they were written in relation to the date of the POA; and what investment impact they may have had, including losses, gains, income changes, tax consequences, etc.; or how your actions may have impacted on your siblings), so these questions need also be examined to determine if you are potentially subject to a surcharge for improper actions. That is an issue that could be raised as part of the probate administration.

Re: POA - only for family or for state

YOU NEED A LAWYER NOW! Unfortunately, in a vain attempt to save a few dollars in legal fees, you may have an invalid or inappropriate Power of Attorney. Estate Plans are not simply copying "form" documents. They need to be custom crafted for each particular situation. You need immediate legal help to analyze whether you have exceeded your authority!

Good Luck!