Legal Question in Wills and Trusts in New Jersey

probate will

executor cannot probate will due to elected power of attorney refusing to cooperate with the known assets of the estate


Asked on 10/05/08, 2:35 pm

4 Answers from Attorneys
Michael Berman Law Offices of Michael A. Berman

Re: probate will

The POA is void after death, so an aggressive attorney should be able to get things moving.

What county are we talking about?? I'd be happy to check up on things if the matter is in a Southern NJ county.

Mike

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Answered on 10/06/08, 4:24 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: probate will

A power of attorney is not valid after the person dies.

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Answered on 10/05/08, 3:44 pm
David Slater David P. Slater, Esq.

Re: probate will

Ridiculous excuse. POA is void on death. Retain competent counsel

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Answered on 10/05/08, 3:52 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: probate will

The power of attorney is invalid upon the death of the principal. If you are the executor named in the will, you should probate the will [if you have not already done so]....then you will need to hire an attorney to deal with the person who continues to act under the power of attorney.

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Answered on 10/06/08, 8:18 am


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