Legal Question in Wills and Trusts in New Jersey
Trustee or Power of Attorney
My mother is currently 84 and my sister and I would like to have our names place on her bank accounts.
Is it better to be listed as a Trustee or should we get a Power of Attorney. My concern is that if we are listed as Trustees and something should happen to her the accounts would go into probate.
1 Answer from Attorneys
Re: Trustee or Power of Attorney
First, let me address your concern about probate. In most cases, it is very inexpensive. You are talking about minimal costs for the Surrogate of the county in which the decedent passes away and not much else. It seems that your greater concern is the general cost of the estate administration. That can vary from attorney to attorney. However, if accounts are changed and actions are not appropriately taken, there may be a greater loss of money in the long run in trying to correct what could have been inexpensively done by the creation of a simple estate plan. Your mother should consult with an attorney, a review of the facts will be made, and a course of action will be suggested that will be of greatest benefit to your mother and the heirs. If you would like to meet with me, feel free to call me at 856-546-8010. Good luck!