Legal Question in Wills and Trusts in New Jersey
Power Of Attorney
My grandmother has power of attorney for my aunt who is currently terminally ill. My aunts husband will not let my grandmother into the house to retrieve my aunts will which has instructions for various items to be completed after her death. Once my aunt passes and my grandmother has official power over her belongings, can she enter my aunts house (which is under the her husbands name as well) to obtain the legal documents needed to fulfill my aunts wishes. Does she need any court documents to do so? Also, my grandmother lives in NY and my aunt lives in NJ.
2 Answers from Attorneys
Re: Power Of Attorney
Power of attorney ceases to be effective after a person dies. Your grandmother should seek court assistance in retrieving your Aunt's Last Will and Testament from the house. Have her contact an attorney.
Re: Power Of Attorney
I have read what the other attorney wrote, and I disagree on one point: your aunt is not dead yet, so the power of attorney still gives grandmother the powers set out in it.
you will need a lawyer to take action and put a stop to this nonsense. I have seen a couple of case where a Will has disappeared when a hostile relative wanted it to disappear. yes, that is a crime.
get a lawyer. now.
if your aunt lives reasonably near me, i could assist. 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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