Legal Question in Wills and Trusts in New Jersey
Transfer of funds legally
My father died 2 years ago and left everything to my mother including house, bank accounts, retiremnt funds, life insurance, etc. My brother automatically started changing bank accounts that were in her name on the internet and added his name to all of her accounts. Is this legal or is there any say as to my mother? Didn't she have to fill out paperwork with the bank herself? He withdrew a lot of money from the accounts and I have no idea were it went. Some accounts like checking and her life insurance he totaly closed. Now my mother is a danger to herself so I had her commited to a state hospital and they transfered her to Assisted Living. The doctors say there is a very good chance she can return home, but my brother is trying to sell her house. Now he is getting my incompetent mother on heavy doses of sedatives to sign him Power of Attorney with the nurses staff as witnesses and is going to have it notorized. I wasn't allowed to see the will and supposedly I have no say. Is this legal with what he did to the bank accounts? Is my mother competent enough by law yto sign him power of attorney? Thank You for helping me out with this. I appreciate a great deal.
2 Answers from Attorneys
Re: Transfer of funds legally
Your facts seem incomplete to me, but if half of what you say is accurate, it appears that your mother needs a court appointed guardian to make sure she is protected.
Re: Transfer of funds legally
This is a very complex and difficult situation. Your brother should have been sharing information with you all along. If you suspect foul play you should retain an attorney and seek the protection of the Courts for your Mother thru the appointment of a conservator or perhaps a guardian.
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