Legal Question in Wills and Trusts in New Jersey

Re: Power of Attorney

The rights, duties and powers that the attorney-in-fact may hold will always depend on the specific language in the Power of Attorney document itself. However, it is highly likely that the Power of Attorney would grant you power to buy and sell real estate, among other things. Nevertheless, you [or your attorney] should review the document to verify that.

The executor is named in the Will, and has no authority to act until after the testator's death.

Re: Power of Attorney

Mr. Chester is correct.

You should also understand that the person with the Power of Attorney -- the Agent, also called attorney-in-fact -- can no longer act once the person who gave the Power has died.

The Agent [attorney-in-fact] under a Power of Attorney can act only as specified in the Power of Attorney, and only during the lifetime of the person who appointed her or him.

The executor acts only after the death of the person whose will appointed the executor. The executor is responsible for administering the estate in accordance with law and with the provisions of the will.