Legal Question in Wills and Trusts in New Jersey

Re: Guardian allowed to renew cd's etc

Technically speaking, upon death the guardian loses her powers. However, if that person is also the executor/executrix under the will, there really is little difference. The reason I say technically, is because no one goes to the bank and says the incapacitated person has died and these accounts must be frozen, so the guardian still is able, in most instances, to continue as in the past. Your question didn't ask about the power, but rather, the right. My position, based upon the facts you've provided, is that she doesn't the right. Normally, an estate will disburse within 8-15 months, depending on qucik tax returns are processed, and waivers obtained. Partial distributions can occur at any time. The one good thing about what was done, if there is a bright side, is that money is protected from being "Stolen" since it is safely in accounts that can't be touched without penalty. The problem from your end is that your mom can't use the inheritance until 2005 and 2006 without penalty. Also, if she plans on disclaiming part of the inheritance, and having it pass directly to you and any siblings of yours, you are affected as well.

If your mom hires a lawyer, they should be willing to wait until the estate is finalized to be paid. You also, in light of what has occurred, may want to consider having this person removed as executor/executrix (if they are), having the court declare the guardianship finalized, ordered that the guardians final commissions be waived based upon her incompetence and mismanagment, etc.

If my office can assist you, feel free to contact me for a free consultation. My office is in Ridgewood, which is approx. 15 minutes from Bergenfield. I am very familiar with the Bergen probate process. The only potential conflict I could have would be if Judge Simon (my mother), and not Judge Escala, heard the initial Guardianship application, in which case I could make a referral to a qualified colleague.

201-445-4321

Re: Guardian allowed to renew cd's etc

The guardian had that right, but the death of your aunt should allow the cerificates to be closed without penalty. Depending upon the interest rates, your Mom may want to keep them (it will be her choice). Your Mom should apply to the Surrogate's Court to be appointed as Administratrix of your aunt's estate. She will need an original death certificate of your uncle to verify he predeceased your aunt. If she needs help, contact me.