What is the name of your state (only U.S. law)? New Jersey
My brother recently passed without leaving a will, and I understand that NJ law on intestacy states his estate is to be split equally between our parents. The only thing he did arrange for was to give "durable power of attorney" to my father several months ago.
Unfortunately, I have reason to believe the my father may be trying to swindle my mother out of her portion of the estate, and I'm looking for some info to help make educated decisions moving forward.
My questions are:
1. The power of attorney document states in one place that neither "disability nor death" shall invalidate it, or something to that affect; and then later under a section titled 'Revocation' states that only his written revocation can undo the power of attorney "unless I sooner die". The two statements seem to directly contradict each. Does anyone know which is correct; does the power of attorney carry on past his death?
2. Whether or not the power of attorney carries on past death... are there limitations to what my father can and cannot legally do with the money in my brother's accounts? I know that just a week before he passed, my father wrote himself an $11,000 check out of the checking account, payable to "cash". Allegedly, this money was later used to pay for funeral expenses. Is there anything illegal in what he did?
3. If my father either maintains an open account that is in my brother's name (credit card, etc) and keeps making payments on it (payments made from my brother checking account), or if he cancels any accounts on my brother's behalf, without providing the proper reason and showing a death certificate - is there anything illegal in this?
Thanks in advance for any help you can offer!What is the name of your state (only U.S. law)?
My brother recently passed without leaving a will, and I understand that NJ law on intestacy states his estate is to be split equally between our parents. The only thing he did arrange for was to give "durable power of attorney" to my father several months ago.
Unfortunately, I have reason to believe the my father may be trying to swindle my mother out of her portion of the estate, and I'm looking for some info to help make educated decisions moving forward.
My questions are:
1. The power of attorney document states in one place that neither "disability nor death" shall invalidate it, or something to that affect; and then later under a section titled 'Revocation' states that only his written revocation can undo the power of attorney "unless I sooner die". The two statements seem to directly contradict each. Does anyone know which is correct; does the power of attorney carry on past his death?
2. Whether or not the power of attorney carries on past death... are there limitations to what my father can and cannot legally do with the money in my brother's accounts? I know that just a week before he passed, my father wrote himself an $11,000 check out of the checking account, payable to "cash". Allegedly, this money was later used to pay for funeral expenses. Is there anything illegal in what he did?
3. If my father either maintains an open account that is in my brother's name (credit card, etc) and keeps making payments on it (payments made from my brother checking account), or if he cancels any accounts on my brother's behalf, without providing the proper reason and showing a death certificate - is there anything illegal in this?
Thanks in advance for any help you can offer!What is the name of your state (only U.S. law)?