Legal Question in Wills and Trusts in New Jersey
What are his Rights
My husband's stepfather (he was never adopted legally, but raised since he was 2 years old) passed away while living in CA. There was no will, living trust, etc. However, My husband did receive ''Uniform Statutory Power of Attorney'' before his passing. He was in a class action lawsuit against several companies for ''asbestos.'' Some of the company's had started paying which he did receive payment. Question: There are three biological kids 2 in NJ and 1 in TX, who have had no contact, but are aware of the lawsuit. They now want to be the ''Administrators of the lawsuit.'' What are my husband's rights, regarding the lawsuit and Acting as administrator? What role does the ''Uniform Statutory Power of Attorney'' have? He was given complete control of both personal and business affairs during his illness and after his death.
3 Answers from Attorneys
Re: What are his Rights
Since he was not adopted he has no rights. The natural kids will get everything.
Re: What are his Rights
Without a formal adoption or a will, he has no rights to the estate or to make any further decisions as to the litigation unless the three children waive their rights as admistrators and let him be appointed. He may have some claim for time spent and costs incurred while acting on his step-father's behalf, but that is all.
Re: What are his Rights
Since the father died without a Will, his estate passes by intestacy (dying without a Will). Most intestacy laws benefit only natural heirs (which include adopted children). These children are the only ones eligible to be appointed as administrators, and to handle the estate. Since your husband was not legally adopted and was not a natural child, he may not be eligible to participate in the estate. He may have an equitable claim (he was treated as a natural child), but not a legal one. Also, the Power of Attorney dies with the maker, so he has no further rights under that document.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
