Legal Question in Wills and Trusts in New Jersey
Substitute or Power of Attorney
My mother, whom passed away in 1996, named my father as executor and trustee of her estate. She also named my uncle as executor and first substitute trustee in his place. My father recently suffered a stroke and has given my sister Power of Attorney to handle his affairs. Since he can no longer fulfill his duties as executor should those responsibilities be transferred to my sister or my uncle?
2 Answers from Attorneys
Re: Substitute or Power of Attorney
I would think the executor's work would have been completed long ago, so only the trustee position would need to be addressed. I assume there is a trust (your father is probably the beneficiary).
The fact that your sister has a POA for your father has no bearing on the trustee appointment. If your father is unable to act as trustee, he should resign and your uncle would take his place. This will require a court filing, and possibly a trust accounting, so you will need an attorney to help you.
Re: Substitute or Power of Attorney
The POA only applies to the personal activities of your father and estate and/or trust activities cannot be delegated. If he can no longer act, his successor should be appointed to continue the activities. Depending upon the language in the document (Will or Trust) on how the successor takes over, this may require a court approval.
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