Legal Question in Wills and Trusts in New Jersey
This question pertains to New Jersey law. Stepmother appoints her stepson as her Power of Attorney. Stepmother is in an assisted living facility and is 94 yrs old. She recently was given two eviction notices for non payment of monthly bill for past two months, after paying the two months she again received eviction notice for non payment again. A relative in the family had been suspicious due to the fact that the Stepmother had quite a large income of close to a million dollars and could not understand why the stepson was not paying her bills. The relative went to New Jersey authorities and in the investigation the authorities found out that the stepson was writing checks in the amount of $800,000, which was spent on new boat, car, property in MA paid in full in the amount of $425,000, payed off credit cards and various trips to Las Vegas. He was arrested and is now out on bail $25,000 and he lives in North Carolina and owns a home there. The stepmother has a will which he is named in, due to the fact that he stole all this money from her, if she should die will he be entitled to get an inheritance from this will if anything is left to inherit.
2 Answers from Attorneys
The relative should consult with an estates lawyer. It may be necessary for a court action to remove the agent under the power of attorney and to appoint a successor, and to require a formal accounting from the stepson.
The most immediate need is for someone to get authority to act on behalf of the 94 year old so that her continued care may be assured.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
You need to get on this right away. You want a New Jersey attorney to go into Court, and get him OUT of her money, NOW, and to get back whatever he did not steal yet. then you need to get onto taking back everything that you can. If he bought the house with stolen money, you want to go seize that house, sell it, and get as much money back as possible.You need to get on this right away. Give me a call, make an appointment to come see me, and I will go over this with you, and give you some advice.
Robert Davies, Esq. 201-820-3460
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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