Legal Question in Wills and Trusts in New Jersey
Powers of Administrator
Sister died intestate with only heir being adult child (mentally challenged) living with her. Do I as Administrator have power to mortgage her real estate without obtaining permission from court. Said Adult child has little income to maintain house. Borrowing would be for taxes and minor repairs and to carry house until market changes.
1 Answer from Attorneys
Re: Powers of Administrator
First, condolences on the loss of your sister.
Is it realistic to keep the house even as a temporary home for the adult child? Is s/he capable of living alone and caring for him/herself?
You should consult with a lawyer who specializes in planning for incapacitated persons. Your nephew/niece needs to have special planning to ensure that there is no loss of benefits/entitlement programs that would help support the adult child with basic needs like food, housing, medical care.
There may be a way to put the proceeds of the sale of the house into a trust that would not jeopardize those benefits.
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