Legal Question in Wills and Trusts in New Jersey

Re: Power of Attorney

I concur with the other authors, but add the following: All children, presuming your mother is not alive, are equally entitled to be appointed as Administrator of the estate. If it is inconvenient for any sibligs to be appointed, they may waive the right of appointment. Be aware that in an administration a bond will be required, by law, to secure the proper actions are undertaken. The amount of the bond depends upon the size of the probate estate. This may or may not include the life insurance, depending on how the beneficiary designation reads. If to specific beneficiaries, the insurancer is not part of the probate estate, and should not be included in the bond amount. If the proceeds are payable to the estate, the face amount is included in the probate estate. Since real estate is involved, a Transfer Inheritance Tax Return may be required to be filed, even if no tax is due, to get a Waiver from the State so you can give clear title when the property is sold. Most of the probate requirements can be done through the mail, if the people involved are far from the office where the probate must take place (the County where your father lived when he died). I can assist you in all phases of the administration, tax returns, etc. If you need help, contact me directly. To make things easier, if you become the administrator, you can get a Power of Attorney from your siblings to allow you to handle everything, including the sale of the property and collecting the insurance, so all documents will not need to be circulated among everyone to sign.

Re: Power of Attorney

Your siblings do not have any legal authority to create a "power of attorney", for anyone, on behalf of your father's estate.

Your father's estate must be submitted for probate, i.e. a file must be opened up in the Surrogate's office of the county where he died.

Hopefully, you will all agree on one of the siblings to take responsibility for this and to request letters of administration as administrator/executor of your father's estate.

At that point, various notices must be published, allowing any creditors of your father's estate to make claims against the estate. Further, all your father's assets must be accounted for.

Once all that has been done, according to the law, and any taxes paid, etc., the remaining part of the estate will be distributed according to the law governing distribution of intestate estate assets.

Your father's estate does need an attorney. Please contact me to discuss retaining my services, see below, or at 973-605-8995.

Re: Power of Attorney

If there is no will, then someone has to go to the Surrogate's office and get appointed Administrator of the Estate. Then that person will have the legal authority to handle the Estate affairs. I would be happy to help.

Re: Power of Attorney

Once a person has died, a Power of Attorney is no longer effective. You need to get the estate Administered by making an application with the Surrogate's Court. A waiver will need to be signed by each potential Administrator. Once the Letters of Administration have been granted by the Surrogate, you can present the Certificate to the Insurance Company, Mortgage Company, and Banks to get the money available in the accounts. I would be happy to assist you if you have further questions.

Ron Cappuccio www.saveyourestate.com

856 665-2121